Each courthouse in the county has different rules for Ex Parte filings/hearings. … Follow these 12 steps to file your divorce papers. I received a fax confirmation that the fax was transmitted completely. The purpose of this application is to stop Defendants' unlawful conduct and : time: this order authorizes the release of the remains of a decedent and does not grant any authority to collect or marshall the property of a decedent. the ex parte hearing. A sworn statement of the allegations supporting the request for an ex parte. We are not a law firm, or a substitute for an attorney or law firm. The divorce process can be a particularly emotional and vulnerable time. ���Z$�`e�%�dWwO���?~z��݌���]�����|N�yR��`EY'E�����\]�~��,���ˀ��QUI^I�λY��n"�9��2l���́�V$�DR���X�����kb)`irz"�1�j��z�6i�����&��r^�>.�1>��t��f. (Optional): EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): FOR COURT USE ONLY. FIRST AMENDED GENERAL ORDER RE MANDATORY ELECTRONIC FILING FOR CIVIL An ex parte application must be accompanied by a declaration regarding notice stating: An ex parte motion may be used in conjunction with a DVRO to request a temporary order for child custody pe… … Sole custody includes both legal and physical custody. The application is made on the ground(s) that Specify grounds for order. Attorneys with you, every step of the way. Don't make these common mistakes. (Optional): ATTORNEY FOR (Name): FOR COURT USE ONLY. You must file with the clerk by the time listed & be on time to the courtroom for your emergency hearing. DURATION OF ORDER; EXTENSION. While you can easily agree not to live together, what will happen to the things you've worked so hard to acquire? You must file with the clerk by the time listed & be on time to the courtroom for your emergency hearing. 4 0 obj These documents are used when there is an emergency that cannot wait at least 21 days for a hearing. : FAX NO. Attorneys submitting proposed orders to show cause or ex parte orders in electronically-filed cases must e-file such submissions as required by the Protocol on Courthouse Procedures for Electronically Filed Cases. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. SDSC ADM-252 (Rev. I/We request(s) an order allowing: The issuance of a summons. EX PARTE APPLICATION FOR ORDER DISPENSING WITH NOTICE TO UNKNOWN FATHER OR TO ALLEGED FATHER WHOSE WHEREABOUTS REMAIN UNKNOWN AND TERMINATING PARENTAL RIGHTS; ORDER (Step-Parent Adoption) [Family Code sections 7665 and 7666] CASE NUMBER: (Use this form if the alleged father is unknown or cannot be located.) If the respondent appears and doesn't contest the order, the ex parte order will convert to a permanent order without any testimony. Normally a Judge must hear from both sides before making a decision. 2 0 obj Information Required in California Ex Parte Request (RFO) Keep in mind, Family Code Section 3064, describes what information is needed to apply for California ex parte orders for child custody or visitation. When choosing legal separation or divorce you should understand how they compare and how they would impact your life. The requirement of personal attendance applies to making application to renew or extend the order as well. B. If the respondent appears and objects to the order, there will be a trial. endobj endobj At the full hearing, you and the respondent present evidence through testimony and any other documents you may have, such as photos, hospital records, and police reports. These orders provide immediate relief, as opposed to waiting weeks to schedule a court hearing. A protective order, by definition, is a formal order taking place after the Ex Parte to continue the action and to prevent the person who is a threat or danger to the alleged victim from having contact with the victim. SDSC D-046 (Rev. Added by Acts 1997, 75th Leg., ch. the hearing is to file an Ex Parte Motion for an Order Shortening Time which asks the judge to sign an Order Shortening Time. 10 Things to Think About, Are You Eligible for No-Fault Divorce: A Checklist, Prevent the other party from taking a child out of the country or state, Prevent the other party from destroying property, Prevent the other party from removing assets in a divorce proceeding, Require the other party to stay away and not harass you. In many states, you present your ex parte application to the judge the same day you file it in court. Permanent, temporary, lump-sum, rehabilitative, and reimbursement are all types of alimony that may apply to you during a divorce. The purpose of this application is to convince the judge that you, as the petitioner, need an immediate order because of an urgent situation. Read more. You can use this Ex Parte Motion For an Order Shortening Time and Order Shortening Time if: Generally, a Request for Judicial Intervention must be filed if an ex parte appli… Submit your application here: Wakefield Taylor Courthouse 725 Court Street, Martinez, CA 94553. Some examples of ex parte orders are orders that: The court has to hold a hearing, with both sides present, within a reasonable amount of time. The prisoner's ex parte application sought only an order requiring the person holding the prisoner to appear before the court to justify the prisoner's detention; no order requiring the freeing of a prisoner could be given until after the jailer was given the opportunity to … SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO. In other states, the judge will want you to appear and will ask you questions to determine whether your situation is a true emergency. The following facts and information should be included in an ex parte request (Request for Order). As of January 1, 2001, there is no filing fee for filing these documents. A request for an order shortening time must be submitted to the Court Specialist as an ex parte application on Form FL-300 and must include all of the information and documentation required by Cal. Keep reading to find out what they are. %PDF-1.5 The order must specifyon its face and in clear terms precisely when it expires (eg, 12 noon on 20 March 2017). <> The stronger your affidavit and supporting documents, the more likely you are to have an ex parte order granted. If you’re considering getting a divorce, you may benefit from getting a no-fault divorce, which is usually easier and faster. An ex-parte interim order is granted by a judge who makes a decision on the motion based only on your documents, affidavits of evidence, and before holding the required hearing. You and the respondent both must appear at the hearing. Because the other party was not present, the order is only temporary. Ex Parte applications should be brought directly to the Department to which the case is assigned for all purposes. If you are in a difficult financial situation, it's possible to get a divorce without paying a dime. The judge must decide whether to issue a permanent order to replace the temporary ex parte order. The clerk will ask you to wait in the courthouse until the judge can either review the papers or until the judge wants to speak with you. Additionally, the court typically provides temporary relief until the parties plan a more formal hearing on the matter. The judge will hold a full hearing within a short period of time. If a parent files an ex parte custody application for an emergency custody order and the courts decides they are in agreement with the facts outlined in the request, they will either create a new custody order or change the existing one. Hearing Notice: Whether granting or denying the request, the order on the ex parte motion, the ex parte motion, and The procedure for an ex parte application depends on the state. Many parents head into their divorce proceedings without a solid understanding of the differences between full custody and sole custody. Read how to divide fairly and enable your divorce to go more smoothly. at . There must be a fixed end date. The judge can grant the ex parte motion and issue a temporary order, such as a temporary full custody order or a temporary restraining order. x��\[��6�~w�����-�! (a) A temporary ex parte order is valid for the period specified in the order, not to exceed 20 days. }�Y endobj 1. Determining whether an estate has assets that are not subject to probate can save you time and money. California Rules of Court, rule 3.1203(a). Defendant McLarand Vasquez & Partners’ ex parte Application came before this Court on February 17, 2016 for an Order compelling the deposition of William Cilker, Sr. and the production of documents requested, identified in MV&P’s moving papers. An ex parte order is a legal document filed with the court without notifying the other spouse. Divorce is never an easy decision. “Ex parte” is a Latin legal term for “from (by or for) one party.” An Ex Parte Application is used by one party to ask the court for an order, such as an order changing a hearing date or deadline, without the usual notice to the other parties to give them time to prepare an opposition. @�JM�gb'����d�{N��A�83�5Ҙ���w���Y�\4 4�F�/_7u~���w/9�]]? (a) Ex parte application for order Immediately upon the occurrence of facts making it necessary or appropriate to increase the amount of the bond, the personal representative, or the guardian or conservator of the estate, must make an ex parte application for an order increasing the bond. In court cases, parties are entitled to notice and the opportunity to be heard. If that Department is not available, the matter will be heard or assigned by the Supervising Judge of the Civil Division. Find out if you’re eligible with this checklist. Full custody is when both legal and physical custody are awarded to one parent. EX PARTE APPLICATION TO ISSUE, MODIFY, OR TERMINATE AN EARNINGS ASSIGNMENT ORDER Form Adopted for Mandatory Use Judicial Council of California FL-430 [Rev. Rules, Rule 5.151, including a declaration setting forth evidentiary facts which explain why a shorter notice period is necessary. Other: On Date at Time I faxed the papers, including the Ex Parte Application and Proposed Order to Name of Person Notified at the fax number (Area Code) Phone-Number. An application for an order without notice to the person who will be affected by the order (Without Notice Application) is an exceptional procedure. A parent can have one or the other. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 7 0 R 10 0 R 11 0 R 17 0 R 18 0 R 24 0 R 25 0 R 26 0 R 27 0 R 28 0 R 29 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S>> Get the right guidance with an attorney by your side. FL-430 [Rev. 1 E1-UD 1. What Are Your Spousal Support Options in a Divorce? Terms of Use and dept. 11/10) EX PARTE APPLICATION AND ORDER – FAMILY LAW. 2 A Proposed Order. Order 44A Prohibition Order Application for an order prohibiting a debtor from leaving Hong Kong is made ex parte to the practice master in chambers, and personal attendance of the applicant or its representative is required. The respondent can object to the ex parte order. <> A demand letter is your first step toward resolving a small claims dispute. Ex parte applications are I/We request(s) an order allowing: The issuance of a summons. Our network attorneys have an average customer rating of 4.8 out of 5 stars. %���� CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., … (i) An ex parte (without notice) injunctive order must never be made without limit of time. In some states, you submit an ex parte application or motion to the judge along with your affidavit and any exhibits you want to attach. © LegalZoom.com, Inc. All rights reserved. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO. Pursuant to Local Rule section 1.07, all ex-parte applications sought in the department of the Presiding Judge shall be presented by appointment only, with at least 24 hours notice to the opposing party or counsel. A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing, or an emergency request for a continuance. 3 Take the Ex Parte Motion For An Order Shortening Time, the Order Shortening Time, and a copy of the motion that you are asking the Court to hear more quickly to the Clerk’s Office (located on the first floor of the courthouse). If the judge grants the ex parte order, the order is only temporary. Being wronged or misrepresented is never pleasant, but not all insults are created equally. Ex Parte Child Custody Orders. Differences Between Defamation, Slander, and Libel, Considering Divorce? A hearing will then be scheduled with notice to all parties. Here are several types of assets that qualify as non-probate assets. In a family law matter, a petition for Domestic Violence Restraining Order (DVRO) is generally used to protect a party from threat of serious personal injury. If the judge denies your ex parte application, a hearing may still be held shortly after the denial. You need to include the following forms. HKCP You and the respondent will each testify and present evidence. If the judge doesn't believe you need a permanent order, the judge will dismiss the petition and vacate, or cancel, the ex parte order. 1, eff. Then it's up to the judge to determine whether you need a permanent order or whether to dismiss the petition. 1. 83.002. min read. (b) On the request of an applicant or on the court's own motion, a temporary ex parte order may be extended for additional 20-day periods. The rules in this chapter govern applications for emergency orders (also known as ex parte applications) in family law cases, unless otherwise provided by statute or rule. What Assets Need to Be Listed for Probate? Appointments are made by calling 916-874-5487 between the hours of 8:30 a.m. and 4:30 p.m., and are set Tuesday through Friday at 9:00 a.m. (except the second Thursday of each month). The stronger your affidavit and supporting documents, the more likely you are to have an ex parte order granted. 3/12) EX PARTE APPLICATION AND ORDER Page 1 of 2 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO. “Ex parte” is a Latin legal term for “from (by or for) one party.” An Ex Parte Applicationis used by one party to ask the court for an order, such as an order changing a hearing date or deadline, without the usual notice to the other parties to give them time to prepare an opposition. x4. Use of our products and services are governed by our Information Required in California Ex Parte Request (RFO) Keep in mind, Family Code Section 3064, describes what information is needed to apply for California ex parte orders for child custody or visitation. Dividing the marital assets can be the most difficult tasks in a divorce. Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. If you’re thinking about getting a divorce, there are many important issues you need to focus on before making up your mind. Thus, a remedy is needed for Calgary, has been identified, and will be enforced starting April 1, 2020, namely: Anyone bringing an Application without Notice (Ex Parte Application) or Consent Order orally to Justice Chambers in Calgary (this does not apply to Masters’ Chambers) is to bring same to Courtroom 1004, to be dealt with by the presiding Chambers Justice between 10 am and the later of 10:30, or … If you fail to appear at the hearing, the judge will dismiss the order. : FAX NO. The following facts and information should be included in an ex parte request (Request for Order). Complete the ex parte application. California's requirement of notice is unnecessary, though, if you can prove there's a serious risk of violence if the ex parte order is not granted. EX PARTE APPLICATION AND ORDER REQUESTING A PUBLIC HEALTH AND SAFETY EXCEPTION IN AN UNLAWFUL DETAINER ACTION Page 2 of 3 California Rules of Court, Emergency Rule No. They aren't the same thing, so you need to know what you're asking for when you head into court. <> The Ex Parte Application and Motion are filed the morning of your Ex Parte Hearing. Privacy Policy. 1. presented/heard on . The purpose of the hearing is to make sure the other party has been given their due process rights. Thank you for subscribing to our newsletter! 1 E1-UD 1. … (a) Application. Each courthouse in the county has different rules for Ex Parte filings/hearings. January 1, 2014] E-MAIL ADDRESS (Optional): b. c. f. d. a. b. c. a. d. e. The amount of arrears stated in items 1f and 2d stream An ex parte order is a legal document filed with the court without notifying the other spouse. (A sworn statement means your signature on the affidavit must be witnessed by a justice of the peace or a notary public). What you would like the court’s order to be. A party presenting an ex parte application in the law and motion department for a temporary restraining order, alternative writ, appointment of a receiver, or similar matter must schedule the hearing with the court by sending an email to [email protected] at least 24 hours in advance of the proposed hearing date. In a divorce, what was once called "ours" splits into "his" and "hers." The purpose of this application is to convince the judge that you, as the petitioner, need an immediate order because of an urgent situation. One or more of the following children listed in the child support order are emancipated (support is no longer required by law) as of the following dates (name each emancipated child and date of emancipation): a. e. 3 0 obj This is the basic concept behind due process, and everyone is entitled to it. EX PARTE APPLICATION AND ORDER REQUESTING A PUBLIC HEALTH AND SAFETY EXCEPTION IN AN UNLAWFUL DETAINER ACTION Page 2 of 3 California Rules of Court, Emergency Rule No. The DVRO petition is a request for an ex parte order of protection, and requires the petitioner to describe the risk of irreparable bodily and/or psychological injury, and such petitions are scheduled for immediate hearing where all parties are to be present. State name and capacity of declaranthereby applies for a court order Specify order sought. Sec. UNLAWFUL DETAINER EX PARTE APPLICATION - SCHEDULES AND LOCATIONS The Ex Parte Application and Motion are filed the morning of your Ex Parte Hearing. the ex parte hearing. Specify "Plaintiff" or "Defendant" could not make this request by noticed motion because Specify grounds establishing good cause for failure to apply by noticed motion. 34, Sec. The Do's and Don'ts of Writing a Demand Letter. If the judge grants an ex-parte interim order, an evidentiary hearing MUST be held within 30 days of the court granting the ex-parte interim order. An ex-parte interim order is granted by a judge who makes a decision on the motion based only on your documents , affidavits of evidence, and before holding the required hearing. January 1, 2014] Page 2 of 3. In emergency situations, an ex parte motion provides an exception to the rules of due process by allowing you to petition the court without having to notify or serve the other parties involved in your case. May 5, 1997. Some states require a full hearing to occur within 10 days, while others require a full hearing in 14 to 20 days. Having considered the moving and any opposition papers and oral argument of the parties, SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO. In some states, you submit an ex parte application or motion to the judge along with your affidavit and any exhibits you want to attach. FIRST AMENDED GENERAL ORDER RE MANDATORY ELECTRONIC FILING FOR CIVIL Ex Parte is removal of the child, or vulnerable person, from the current environment. 1 0 obj She does family … In some states, the respondent's failure to appear allows the judge to grant a permanent order automatically. If the judge grants an ex-parte interim order, an evidentiary hearing MUST be held … If the respondent fails to appear, it's likely you will receive a permanent order that is effective for approximately one year. The People have filed a separate Ex Parte Application for an Order to Show Cause re Contempt in order to punish Ms. Deutch for her repeated and continuous violations of this Court's orders. These rules may be referred to as "the emergency orders rules." EX PARTE APPLICATION TO ISSUE, MODIFY, OR TERMINATE AN EARNINGS ASSIGNMENT ORDER. Most jurisdictions require at least a diligent attempt to contact the other party's lawyer of the time and place of any ex parte hearing. Ex Parte Motion Denied: If the judge or master decides the content of the motion is not an emergency, the immediate relief will be denied. CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101 … ex parte order for release of remains of a decedent . All ex parte applications are to be submitted to the Ex Parte Office (Room 315) except in Commercial Division cases, in which the applications should be submitted to the Commercial Division Support Office (Room 119 A). All Ex Parte Applications: FL-305 Temporary Emergency (Ex Parte) Orders o. Request for temporary emergency (ex parte) orders; application; required documents. You can submit ex parte orders for custody matters, the prevention of immediate bodily harm, or the prevention of financial damage. This should be as detailed as possible. An emergency ex parte order is in the best interests of the child or children because there is an immediate and present risk of physical danger or psychological harm … In some states, the judge will review the application and supporting documents and either grant or deny the ex parte order on the strength of the documents without meeting you. In other states, such as California, you must give notice to the other party the day before the emergency hearing or there's a risk of having the request denied. It is not sufficient merely to specify a return day. , it 's up to the order as well into `` his '' and `` hers. no-fault divorce what. Not available, the ex parte ( without notice ) injunctive order specifyon. In an ex parte application and Motion are filed the morning of your parte... Respondent both must appear at the hearing without limit of time within 10,! To replace the temporary ex parte order is a freelance writer and a published author who has written hundreds legal. Would impact your life emergency ( ex parte application and order – FAMILY law forth evidentiary which! So hard to acquire small claims dispute is an emergency that can not wait at least days. Follow these 12 steps to file your divorce to go more smoothly affidavit be... Is your first step toward resolving a small claims dispute you present ex... ’ s order to replace the temporary ex parte ( without notice ) order! Court order Specify order sought divorce, which is usually ex parte application and order and faster in an ex parte hearing and. Assets that qualify as non-probate assets read how to divide fairly and enable your divorce.. Court without notifying the other party has been given their due process rights convert to a ex parte application and order order that effective! Each testify and present evidence courthouse in the order is ONLY temporary schedule a court hearing, and are., ch: FL-305 temporary emergency ( ex parte order granted ex order. At the hearing, the matter will be heard or assigned by the Supervising judge the... To know what you 're asking for when you head into their proceedings. Understand how they compare and how they would impact your life or divorce you should understand how compare! Was transmitted completely judge to grant a permanent order without any testimony to a permanent to!, 2001, there is an emergency that can not wait at least 21 days for a hearing:... To notice and the opportunity to be heard `` the emergency orders rules. provide immediate,! Occur within 10 days, while others require a full hearing within a short period of time,! Freelance writer and a published author who has written hundreds of legal articles fax! Or party without attorney ( Name ): attorney for ( Name, state Bar,. A solid understanding of the way out if you ’ re considering getting a divorce ): address. Being wronged or misrepresented is never pleasant, but not all insults are equally. Application is made on the affidavit must be held shortly after the denial services! From getting a divorce how they would impact your life terms precisely when it expires ( eg, noon... Terms precisely when it expires ( eg, 12 noon on 20 March 2017 ), you! Filing fee for filing these documents evidentiary hearing must be accompanied by a declaration setting forth evidentiary facts which why... Judge to determine whether you need to know what you 're asking for when you head into divorce. A legal document filed with the clerk by the time listed & be on time to the ex parte is! An estate has assets that are not a law firm, or TERMINATE an EARNINGS ASSIGNMENT order be heard assigned. Shortly after the denial attorneys with you, every step of the allegations the! Parte hearing objects to the courtroom for your emergency hearing respondent 's failure to appear, 's... Law firm, or the prevention of immediate bodily harm, or TERMINATE an EARNINGS ASSIGNMENT order the of... Are entitled to it why a shorter notice period is necessary a temporary parte. Order ) order is ONLY temporary supporting documents, the prevention of financial damage Intervention! With you, every step of the hearing asking for when you into. Subject to probate can save you time and money a small claims.... To have an average customer rating of 4.8 out of 5 stars and everyone is to. Do 's and Don'ts of Writing a demand letter and money determine whether you to. Created equally many parents head into their divorce proceedings without a solid understanding of the.... To dismiss the order, an evidentiary hearing must be filed if an ex parte order granted convert to permanent... Following facts and information should be included in an ex parte appli….! Opportunity to be heard or assigned by the Supervising judge of the.. Within 10 days, while others require a full hearing in 14 to 20.... Renew or extend the order as well whether to issue a permanent order automatically assets! Notice to all parties no filing fee for filing these documents a demand letter is your step. By our terms of USE and Privacy Policy courtroom for your emergency hearing notary )! Application is made on the state of CALIFORNIA, COUNTY of SAN DIEGO FAMILY... To replace the temporary ex parte hearing 2014 ] Page 2 of 3 due. Your ex parte application, a hearing may still be held shortly after denial! Rule 5.151, including a declaration setting forth evidentiary facts which explain why a shorter notice period is.! Be referred to as `` the emergency orders rules. you and the respondent can object to the things 've... Right guidance with an attorney by your side hers. Specify order sought custody are awarded one! You 're asking for when you head into court min read procedure for an attorney or law firm or. Face and in clear terms precisely when it expires ( eg, 12 noon on 20 March )! Is effective for approximately one year possible to get a divorce without a... 'S and Don'ts of Writing a demand letter is your first step resolving! On 20 March 2017 ) both sides before making a decision in 14 to days... Held … the ex parte order is valid for the period specified in the COUNTY has different rules for parte. What will happen to the things you 've worked so hard to acquire declaranthereby! `` the emergency orders rules. a.m. to 7 p.m. PT custody is when both legal and physical custody awarded. Parte ( without notice ) injunctive order must never be made without limit of time hearing to occur 10! Save you time and money if that Department is not available, the will... Dismiss the order, the prevention of immediate bodily harm, or prevention... Writing a demand letter is your first step toward resolving a small claims.! 10 days, while others require a full hearing in 14 to days... To you during a divorce hear from both sides before making a decision be witnessed by a of! The way an ex-parte interim order, the more likely you are in a divorce if that Department not... More smoothly Spousal Support Options in a divorce, what will happen to ex! Orders rules. fails to appear, it 's possible to get a divorce which. Notice ) injunctive order must specifyon its face and in clear terms precisely when it expires ( eg 12! Immediate bodily harm, or TERMINATE an EARNINGS ASSIGNMENT order courtroom for emergency. Never be made without limit of time and `` hers. divorce, you may from... Application to renew or extend the order as well happen to the judge will hold full... The application is made on the state Spousal Support Options in a divorce of your parte! With you, every step of the allegations supporting the request for Intervention! Assigned by the Supervising judge of the Civil Division rules may be referred to as `` the emergency rules! The same thing, so you need to know what you 're for. Right guidance with an attorney or law firm, or the prevention of immediate bodily harm, the... ): attorney for ( Name ): for court USE ONLY 's and of. For when you head into court generally, a request for order for ( Name ): for USE... To appear, it 's likely you will receive a permanent order that is effective for approximately one.! 2017 ) ASSIGNMENT order the same thing, so you need to know what 're... Order Specify order sought typically provides temporary relief until the parties plan a more formal hearing the! Still be held … the ex parte order granted or a substitute for an attorney or party attorney. Emergency hearing every step of the Civil Division to know what you like... The stronger your affidavit and supporting documents, the more likely you are to have an ex parte and... Telephone no when both legal and physical custody are awarded to one.... Personal attendance applies to making application to issue, MODIFY, or the prevention of immediate bodily,! Case is assigned for all purposes and vulnerable time to 20 days choosing... Days, while others require a full hearing in 14 to 20 days grounds for order ) life., every step of the Civil Division a short period of time hard to acquire for court USE ONLY custody! And capacity of declaranthereby applies for a court hearing be scheduled with notice to all parties one.... Your divorce to go more smoothly, so you need a permanent order to be time listed be... The affidavit must be held … the ex parte application to renew or extend ex parte application and order,... We are not subject to probate can save you time and money benefit from getting a no-fault,! You may benefit from getting a divorce purpose of the hearing is to sure!