Divorce and Legal Separation: Types of Court Hearings
Most people are not aware of the procedures, rules, timelines, and various legalities and technicalities governing the dissolution of marriage and legal separation, let alone their rights and obligations subject to court rulings. To add to the learning curve, the various types of court hearings leave divorcing spouses confused and frustrated if they do not understand the purpose of the hearings. As a general reference, I will briefly touch on several common hearing types we encounter in the family law departments of the County of San Diego Superior Courts.
Family Resolution Conference (FRC)
Once a Petition for Dissolution of Marriage or Legal Separation of Marriage has been filed with the Court, a case number is generated, a court department is assigned to the case, and the first hearing is set. This is the Family Resolution Conference or FRC.
Generally, the FRC is a status update to the Court as to how the case is moving along. The goal for the Judges in our courts is to ensure cases progress through the court process toward disposition effectively in a timely manner.
The FRC is a less formal hearing and is often misunderstood by divorcing spouses. The court is focused on procedural milestones, such as whether Preliminary Declarations of Disclosure have been exchanged, and not substantive issues, such as termination of marriage, ordering of support, and division of property. Those are the subject of hearings to be discussed below.
Following FRCs early in a case, the Court will set another FRC several months out for a follow-up check-in on case status, and this process will repeat as necessary depending on the circumstances. At some point, the Court will order the parties to attend a Mandatory Settlement Conference or Schedule Trial.
Request for Order (RFO) Hearing
The time between the filing of a Petition for Dissolution of Marriage and the final judgment in a case is often too long for many people to wait to obtain certain orders from the Court. Request for Orders, or RFOs, are filed by spouses to request temporary orders for child custody, child and spousal support, attorney’s fees contributions, property control orders, and others.
In San Diego County, these hearings are often scheduled several months from the filing of the RFO paperwork. One or more RFOs may be filed in a particular case, at varying times, depending on the issues of the case. Without going into detail, these hearings are often set for 20-minute or 40-minute calendars, and when appropriate, can be specially set for an “evidentiary” calendar. We recommend consulting with an attorney to understand what may be appropriate for your situation.
Ex Parte Hearing
Sometimes you cannot wait until another FRC date or for the RFO hearing date before asking the Judge to make a decision on an issue. When there is a real “emergency,” or when a procedural issue exists, filing of an ex parte application may be necessary for the Court to make an appropriate order to resolve the issue.
In most cases, to obtain an order pursuant to an ex parte application, you are required to provide notice to the other spouse by 10:00 AM the day prior to the ex parte hearing time. In very limited circumstances, the courts may grant requests without notice to the other side because of the nature of the emergency.
Some litigants abuse the ex parte process and you should be aware that this mechanism should be used sparingly and only when necessary. Otherwise, you may expose yourself to sanctions or credibility issues with a Judge. If possible, it is always best to consult with an attorney before making an ex-parte request.
Mandatory Settlement Conference (MSC)
When the courts believe that the case is ready—after they have assessed the case at FRC hearings—parties will generally be ordered to attend a Mandatory Settlement Conference or MSC. This is essentially a mediation with a qualified family law attorney appointed as the “mediator” by the court. The purpose is to try and come to agreements on issues in your case with the help of the mediator (also known as the “settlement judge”). Any issues not settled after the MSC will be the subject of a future trial.
Note that spouses do not have to wait until the MSC to begin mediation. Mediation can occur before a Petition is filed with the Court and can occur at any stage of the proceedings, including after the MSC. The parties can settle at any time before, and even during, the trial. Early mediation may prevent the expense of filing RFOs and attending associated RFO hearings.
Trial Readiness Conference (TRC) and Trial
Once the trial is set, the judge will continue to manage a case somewhat like the FRC hearings, but with the goal of setting expectations for trial, ensuring discovery is complete, and clarifying the issues to be addressed at trial. The judge will adjust the length of the trial as they deem necessary and will continue to encourage cooperation and settlement before the trial date.
At trial, the parties to a case will provide the Court with opening and closing arguments, witness testimony, and attempt to have the court consider evidence, as to all issues that have not yet been settled.
There are occasions when more than one trial may be appropriate in a particular case, and therefore some issues are “bifurcated” for separate trials. For example, a disagreement on the “date of separation,” or the validity of a premarital agreement, may hold up several other aspects of a case, and the resolution of those issues can give clarity to how the remainder of the case should proceed.
It is important to know your rights, responsibilities, and options regarding the types of court hearings in divorce or legal separation cases. Our family law team at Naimish & Lewis can advise you on this and other family law matters. To schedule an initial consultation with an attorney at our firm, please contact us.
