Divorce can be an emotional ordeal, especially when children are involved.  When divorcing spouses get upset, it can be tempting to file an ex parte motion.  An ex parte motion literally means a motion where only one party of the case is present.  In California, hearings for ex parte motions in divorce are usually heard within 1-2 days of filing.  In today’s bogged down court system, that’s fast! With an ex parte motion, the court makes a temporary decision quickly, without giving the other party time to oppose or explain their side. The court also sets a second hearing for a later time to make a final order on the motion. In this regard, you should file ex parte motions in divorce only in an emergency situation.

What our Clients Say...
“Lightning fast response, I had my very simple document on the same day as my order for the very fair and reasonable price of $325 (including the rush fee!) compared to my attorney who quoted me 3 weeks and $2500. I will definitely use these folks again and highly recommend them!”
L. Carnes
“I can’t say enough about the level of service and professionalism I received working with A People’s Choice. Emails were always responded to quickly and thoughtfully. They really care about the process and helping you get the best result with no up-selling. The process played out according to plan, and I ended up saving a lot of money by going with A People’s Choice over an attorney.”
M. Rice
“Want to personally thank the staff at A People’s Choice for making my divorce process so simple and painless. From my 1st contact in the office, they were was warm and friendly and took the time to explain each step in a very simple and quick manner. Filing for a divorce can be a difficult and painful process and the staff was extremely professional and clear in all guidance and explanations. I highly recommend A People’s Choice.”
C. Hannon
“I thought I could save money and file my own divorce paperwork. The court clerks offer no assistance whatsoever! The best advice I can give is to call A People’s Choice first. They typed up my paperwork and my divorce was final in two weeks! Would highly recommend them to everyone.”
L. Bayer
“So glad I found this company to handle my divorce. They were very professional and detail oriented, answering all of my (many) questions and kept me informed. They handled everything for me from hundreds of miles away and made it pretty seamless. The pricing was in the exact range we were looking for. Very honest company and great to work with!”
Jessica J.
“I would just like to comment on what a great job A People’s Choice did with my divorce. I could not be happier. They let me know how they keep the cost down by communicating through email. I also appreciated how when I had a question they got back with me in the day or in the evening. APeoples Choice is a good deal for the consumer.”
R. Leyva
“Just recently moved to the Ventura area and didn’t know of any companies to help me with my legal paperwork. I am glad I chose A People’s Choice. They were very friendly and helped me with my documents in a very efficient way in very little time. Give them a try and you will be writing a positive review just as I did.”
D. Buelna
“A People’s Choice saved me time, money & hardship. The people are professional and a pleasure to work with, I totally recommend them to everyone! I will used them for all my legal documents in the future. Thank you!”
C. Lazalde
“I recently required the help of A People’s Choice, Inc. and found them to be entirely professional. Everything was done in short order yet all was explained to my satisfaction. They were friendly and courteous. I am happy and impressed.”
C. Zyobel
Extremely satisfied with the performance of A People’s Choice. The communication was excellent and all was handled in a timely efficient manner.
Pam T.
Made the process so easy for me. Also VERY prompt replies through email. So glad I used their services.
Kristina C.
My wife and I needed to have papers filed in court but found traditional lawyers were quite expensive. A People’s Choice did a professional job completing our paperwork and I might say, at a very reasonable price. You can bet I will contact A People’s Choice again if or when the need arises.
D. Hileman
The service provided by A People’s Choice was very professional and comprehensive. We have used A People’s Choice on a previous occasion and were completely satisfied. We would highly recommend A People’s Choice to anyone!
R. Betancourt
“A People’s Choice is extremely customer orientated and friendly.  Their service was fast and reliable. in the future, should I need their services again, I will not hesitate to call them. All e-mails were answered with either a phone call or e-mail sometimes even late at night
Tar
“I used A People’s Choice to complete custody paperwork. No disappointment here. The service was easy and painless. It might have been nice to have a discussion by phone, but it was still quite easy and quick via email. Overall, the process was simple and I would use A People’s Choice again.”
Michael J.
“How much is peace of mind worth to you? This company of hardworking, caring individuals will help you get the job done in the quickest, most efficient way. Conveniently located. Check it out. Thank you!”
Diana K.
“Divorce is usually never pleasant but A People’s Choice made it much easier than it would have been if we tried to do the divorce paperwork on our own. They were very quick to respond to us and always took the time to answer all of our questions thoroughly, in addition to quickly. I would highly recommend them for handling divorce paperwork.”
Susan Z.
“This company is excellent! They helped me get through all of my paperwork, submitted it to the court, and now everything is complete. Everything was clear and almost too easy. I saved thousands of dollars!”
Seth M.
“Very professional, excellent follow up and easy to work with. I will recommend them often! The staff rocks!”
Gene A.
“I had the opportunity to use A People’s Choice again, Wow doesn’t say enough for the way the staff was able to get me in and out and all my answers answered. Very P-professional, organized and Friendly. I highly recommend!”
Debbie E.
I’ve worked with A People’s Choice since September 2013.  They are very knowledgeable and experienced.  Their work is done professionally and timely.  They show a real concern for my situation.  I recommend you give them the opportunity to be of service to you.”
D. Echeverra
“A People’s Choice is awesome! They made the legal documentation process painless. I highly recommend A People’s Choice. The name says it all.”
Eric J.
“I was very happy with the service received. They were extremely responsive by phone and email and completed the document in less than 24 hours! All questions were answered promptly. I would highly recommend this service to anyone needing a legal document prepared!”
M.D.
“A People’s Choice offers a very professional, low cost service for all sorts of legal paperwork, from living trusts to divorce, bankruptcy and everything in between. If you know what you want to do and don’t need legal advice, I strongly recommend calling this company. You won’t be disappointed and will save lots of money!”
Kathryn R.
“I used A People’s Choice for filing divorce paperwork for an uncontested divorce. The price was very affordable and fair. Excellent service throughout. Not being able to call and talk on the phone worried me at first but they responded to every email extremely quickly. Directions were very easy to understand. Will definitely use them again if I need.
Frank M.
“A People’s Choice prepares legal documents so you can represent yourself and still look like you know what you’re doing. I utilized their services recently and found them to be professional as well as extremely helpful. I couldn’t be happier.”
Evan J.
“This team is efficient, professional, ethical and easy to work with. Any of my questions were responded to immediately. They did everything they could to help me. I highly recommend their services.”
Leigh A.
“A People’s Choice helped me with my QDRO. They were very professional and very honest. They saved me a lot of money by having them do all the paperwork. There was no hidden fees. I would recommend A People’s Choice for any of your needs. They are very knowledgeable in what they do. Thank you A People’s Choice for all your help!”
Debra H.
“I can’t remember how I found A People’s Choice, but am completely satisfied with the service provided. The person I worked with was very friendly whenever we spoke on the phone and always responded promptly to any emails. The entire process was smooth and painless. Would recommend A People’s Choice without hesitation.”
Les A.
“When I first saw all of the documents required to file I was overwhelmed. Already dealing with the stress of everything else, I did not want to deal with the courts, a mountain load of paperwork and trips to file as well. I’m VERY happy that I went with A People’s Choice. They were very helpful, despite all of my questions. I definitely recommend.”
M. McCleod
“Great service. Highly professional and efficient creating legal documents. I am completely satisfied and highly recommend them to others. I am so glad I found you on the internet. People who are looking for professional legal services look no further, try A People’s Choice.”
Radtech N.
“Overwhelmed with my divorce, custody and child support paperwork, A Peoples Choice made everything so much easier and really put my mind at ease. I couldn’t be happier with their assistance and it really made all the process speed up for me. Thank you so much for all your help.”
Samantha R.
“A People’s Choice is a business that delivers what they promise. I was treated like a VIP by their staff. As for their services, they promptly delivered all of the official documents and fillings on my behalf and their price is more than reasonable. In short, this is a business that I will always recommend and continue to use. Thank you!”
Juan B.
“I had contacted a lawyer and he wanted to charge me $1800.00. Then I found A People’s Choice. They got my paperwork started and at a much lower cost, and steered me, with the help of lots of paperwork, in the right direction. I am grateful for the company’s services and would recommend them to anyone that may need the services they offer.”
April R.
“Highly recommend A People’s Choice. The customer service and professionalism are exceptional. My documents were delivered to me quickly and accurately. Compared to using an attorney for complete paperwork, this service is only a fraction of the cost, more responsive, and better suited to quickly completing complicated court forms. “
Linda F.
“I needed help understanding and filling out legal documents, but I didn’t have enough money to pay for an attorney. The staff at A People’s Choice was very professional and helpful. They took care of all of the paperwork and filings and kept me posted. I would highly recommend them. You will get outstanding service at an affordable price. “
Sharon B.

We Help File Ex Parte Motions in Divorce!

  • or call 1-800-747-2780

Overview of Ex Parte Motions in Divorce

California law describes situations where ex parte motions in divorce are proper. Specifically, there must be cause such as “immediate danger or irreparable harm,” or there must be a threat of “immediate loss or damage to property.”  In a divorce, ex parte motions are proper if there is domestic violence, child endangerment, child abduction, or immediate financial harm.  If one spouse has proof of child abuse, or evidence that the other spouse is planning on taking a child out-of-state without approval, then they should file an ex parte motion.  If one spouse has evidence that the other is planning on destroying or removing and hiding community property assets, that may also be a situation where an ex parte motion is proper.

Why Judges Deny Ex Parte Motions

Unfortunately, judges deny most ex parte motions. Why is this so? First and foremost, without an immediate threat of harm, the court has no authority to rule on an ex parte motion.  More often than not, divorcing spouses file ex parte motions in situations that are not indeed emergencies.  What seems like an emergency to a parent, may not be an emergency to a judge.  For example, the court does not consider situations when a party misses alimony payments or does not follow a visitation schedule as being true “emergencies.”  Even instances of one spouse sending the other harassing texts and emails without threats of violence, an ex parte motion is inappropriate because there is no threat of immediate harm.

How to File an Ex Parte Motion

If there is indeed an emergency, a party can file an ex parte motion. In the case of harm to a child, you can submit an affidavit that explains your concerns about the other party harming your child.  As part of the motion, you show the dates of each serious incident as evidence.  The motion should also include detailed information about any current orders and what changes the party is requesting to existing orders. For example, if someone is filing an ex parte motion about custody, the motion should explain the current custody arrangement, why you need to change the order and propose an alternative solution. When children are involved, the motion must include a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (FL-105).

California requires the moving party to give timely notice of the ex parte motion hearing to the other party.  At a minimum, the party requesting the ex parte motion must call the other party before 10:00 a.m. the day before the hearing.  If the requesting party is unable to give notice, they must explain their attempts to contact the other party, and why they could not get a hold of them. On the other hand, they may need to tell why there is a good reason for no notice.  Even if the person requesting the motion is not able to call the other party before the hearing, they would still need to tell the other party about the hearing and its outcome.

Professional Help is Important for Ex Parte Motions

If a situation is important enough to call for an ex parte motion, it is important enough to get professional help with the paperwork. You don’t have to hire an expensive attorney, but we do recommend hiring an experienced legal document assistant. A legal document preparer can prepare all the required paperwork for a fraction of the cost an attorney charges. More importantly, using a legal document assistant will help to present your motion and background story professionally.

A People’s Choice has been in the legal document preparation business since 1980. We have helped thousands of people just like you successfully present their ex parte motions in divorce. Contact us today for immediate help. We are only a phone call away, and our convenient online interview allows us to start your documents without you having to take time off work!

Get help with your Legal documents today!

A People’s Choice can save you hundreds of dollars by preparing your legal documents instead of an expensive attorney!

GET STARTED!

Was this article helpful? We would love to know your thoughts! If you found this article helpful, please check the LIKE button below. Your feedback helps us plan topics for future articles.