How Does a Family Law Case Normally Proceed?

by | Aug 15, 2025 | Uncategorized | 0 comments

A family law case—whether it’s divorce, custody, child support, or another matter—usually follows a structured series of steps. While timelines vary by complexity, most cases in California (including Stockton / San Joaquin County) move through these seven key stages:

1. Filing the Case

  • Starting the case: One party (the “petitioner”) files the required forms with the court. For example:
    • Divorce: Petition for Dissolution of Marriage (FL-100)
    • Custody: Petition for Custody and Support of Minor Children (FL-260)
    • Domestic violence: Request for Domestic Violence Restraining Order (DV-100)
  • Filing location in Stockton: San Joaquin Superior Court, Family Law Division, 180 E. Weber Ave, 4th Floor.
  • Fee: Usually $435–$450 (fee waivers available).

2. Service of Process

  • The petitioner must have a neutral adult (18+) serve the papers on the other party (the “respondent”).
  • The respondent usually has 30 days to file a response (Answer or Response forms).
  • In domestic violence cases, the court can issue temporary orders the same day before the respondent is served.

3. Temporary Orders (If Needed)

  • Either party can request temporary court orders to address:
    • Child custody or visitation
    • Child or spousal support
    • Use of a home, vehicles, or property
    • Restraining orders
  • In Stockton, custody and visitation disputes are sent to Family Court Services (FCS) mediation before a judge rules.

4. Exchange of Information & Discovery

  • Parties exchange financial disclosures—income, assets, debts, and expenses.
  • “Discovery” may include:
    • Written questions (interrogatories)
    • Requests for documents (bank statements, tax returns)
    • Depositions (sworn statements)
  • This stage ensures transparency and helps with fair settlement negotiations.

5. Mediation or Settlement Negotiations

  • Custody/Visitation: San Joaquin County requires parents to attend FCS mediation before court hearings.
  • Financial/Property issues: Lawyers may negotiate directly, or the court may refer parties to settlement conferences.
  • Many cases are resolved here without a full trial.

6. Trial (If No Agreement)

  • If settlement fails, the case proceeds to trial before a family law judge.
  • Trials can be short (1–2 hours for a single motion) or multi-day for complex property or custody matters.
  • The judge’s decision becomes a final order.

7. Final Judgment & Enforcement

  • When all issues are resolved, the court issues a Judgment:
    • In divorce: this ends the marriage (after the 6-month minimum waiting period).
    • In custody/support cases: the order remains in effect until modified.
  • If one party violates the order, the other can request enforcement through contempt proceedings or wage garnishment (for support).

Typical Timeline in Stockton

  • Uncontested divorce: 6–8 months (due to California’s 6-month waiting period).
  • Contested custody/support cases: 6–12 months depending on complexity and trial scheduling.
  • Domestic violence restraining orders: Often resolved in 2–3 weeks.

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