Divorces are stressful enough, and trying to decipher the thousands of acronyms that you see throughout the process will only worsen your stress. Below, our team has put together a list of the most common acronyms you will likely encounter throughout the divorce process. We have broken the acronyms up into groups of when you are most likely to encounter them: beginning stage, middle stage, and ending stage.
Since family law can also include domestic violence proceedings, we have included a couple of acronyms you should be aware of.
Make sure to bookmark this page if you are about to or currently are going through a divorce to save you headaches in the future!
California family law requires the parties to exchange all material facts and information about their income, expenses, assets, and debts at the early stages and ending stages of their divorce. The disclosure you will exchange with the other party at the start of your divorce is called a preliminary declaration of disclosure.
A SAD is a form that goes with your PDOD (see what I mean about the acronyms getting overwhelming!) It is a worksheet that helps you categorize and list all your assets and debts, including when you acquired them, the fair market value of each and the amount still owed. You must also attach supporting documents for each asset and debt.
An IED is also a form that will go with your PDOD. The IED form lists where your income comes from and where it goes. You will also be required to attach documentation supporting the statements made in the IED regarding your income. It is likely that you will have to fill out more than one IED throughout the divorce process, as a current one is required whenever the judge is making orders involving money.
California is a community property state, meaning that anything acquired during the marriage is jointly owned or owed.
Separate property is anything you acquired before marriage or after you separated. It also includes any gifts, devises, or bequests made to you. If you have trouble determining whether something is CP or SP, you may want to talk to an experienced family law attorney.
Once a petition for dissolution has been filed (which initiates the divorce proceedings), ATROs go into effect. ATROs restrain the parties from making any major changes, such as changing beneficiaries on their life insurance policies or selling a car. Think of it like a time-out – the judge wants everyone to stop what they are doing so they know what they are dealing with!
Date of marriage is self-explanatory. However, your date of separation can have a greater impact on your case. Typically, your date of separation will be when one spouse makes it abundantly clear to the other spouse that they are done with the marriage, and they have no intent of getting back together. Their subjective belief that the marriage is over must match objective conduct in support of that belief.
Your divorce case name will typically take the form of IRMO Last Name. For example, if John and Kate Smith are getting divorced, the case would be referenced as “In re Marriage of Smith.”
An FRC is a hearing, attended by both parties’ attorneys (and sometimes the parties), to develop a plan for managing the case moving forward. Think of an FRC as a check-in with the court to see where the case is and what needs to be done to move the case forward.
When there is a dispute over custody of a child, the court will likely order the parties to attend an FCS appointment. During your FCS appointment, a private court counselor will hear both parties’ positions on what custody arrangement they want and why they want it. Based on the parties’ responses, the FCS counselor will provide child custody recommendations to the court.
An RFO is used to request that the court make an order on some issue in your case. For example, if you want spousal support from the other party and the other party disagrees, you can file an RFO for spousal support. The Court will set an RFO hearing date to hear both parties’ positions on the issue before making an order. Typically, the parties get a 20-minute time limit in front of the judge, but your attorney can ask for a longer hearing if they feel like 20 minutes will not be enough.
Before any trial, parties with attorneys will attend an MSC. At the MSC, the parties will discuss the issues and facts they will be arguing in court. A third-party neutral, typically a qualified family law attorney, will also attend and try to help the parties reach an agreement. A trial is long and expensive, so the Court wants to give the parties an opportunity to sort out their issues before proceeding to trial.
During your divorce proceeding, there is *hopefully* going to be a time when you and the other party agree on something. Your attorney and/or the other party’s attorney will draft a stipulation explaining the agreement that is filed with the Court.
After a hearing, the court may order that one of the attorneys draft a “FOAH”. The FOAH explains the findings the Court made during the hearing and the orders the Court made at the end. This is submitted to the Court.
I would like to sincerely congratulate you if you and the other party enter into an MSA. The MSA lays out all the conditions of your divorce, including division of the assets and debts, custody, support, and other agreements. It is the option that most California family law attorneys recommend because it is the quickest and cheapest way to finish your divorce.
A DVTRO is a short-term restraining order issued to prevent acts of abuse. Once a DVTRO is issued, a hearing for a long-term restraining order will be set a couple of weeks out.
A DVRO is a long-term restraining order that can last up to 5 years.
If you have questions or need assistance with your case, consult an experienced California family law attorney. At Cage & Miles, we have a dedicated team of attorneys who can help walk you through your divorce.
Contact our office today to schedule a free consultation!