Pleadings, Motions, Hearings, and Trial Preparation
Pleadings and motions
A family law case begins with a petition or complaint, followed by an answer, counterpetition, or response. Check verification, service, and jurisdictional allegations. Temporary orders may cover support, custody, exclusive possession, and injunctions. Common motions include motions to compel, for protective orders, in limine, for summary judgment, and for default. Default judgments can be set aside for improper service, mistake, or excusable neglect.
Trial preparation
Build a trial brief, witness list, exhibit list, and subpoenas. Prepare direct and cross-examination outlines, organize exhibits in examination order, and confirm witnesses will appear. Draft proposed findings of fact and conclusions of law. Preserve error by objecting timely and making an offer of proof. After trial, calendar post-trial motion deadlines.
Worked example
A default judgment is entered after the respondent was served by publication without a proper affidavit. The paralegal should flag the service defect; the attorney may move to set aside the default, and the record must show the statutory prerequisites for service by publication.
Traps
Missing a verification; serving the wrong party; blowing a motion deadline; failing to object; not having exhibit copies; losing the original affidavit of service.