What is a Joinder in Family Law? 

A joinder is a legal process by which one party files a divorce petition against the other. Once the petition is filed, the couple must wait 90 days before finalizing their split. Once the 90 days are up, a couple can file a motion for judgment without a hearing. If the couple has children, they must also submit a parenting plan and support orders. The judge will then review the documents and sign them. 

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Mandatory joinder 

Mandatory joinder in family law is a procedure that makes it necessary for other people to be part of a divorce case. The procedure consists of filing a Notice of Motion and Declaration for Joinder and specifying the specific relief sought by the joinder. This motion must be accompanied by the appropriate pleadings. It must be filed within thirty days of the hearing date. In some circumstances, mandatory joinder may be necessary if the parties cannot agree on the divorce settlement. 

Mandatory joinder can also apply in civil cases. In these cases, it is necessary to confirm the joinder of all parties, claims, and defenses. This requirement is based on the federal rules of civil procedure. This rule requires that a person be joined as a defendant or plaintiff if he or she has an interest in the case and may potentially lose the case without the person being properly served. 

Permissive joinder 

Permissive joinder is a procedural device that allows two or more parties to join a lawsuit without the original party having to sue the other party. In a case where the parties are divorced or separated, the original defendant may try to pass judgment onto the other party. The other party may attack the plaintiff’s claim in the form of a derivative claim. In these situations, the remaining Federal Rules of Civil Procedure apply. 

Rule 20 permits the plaintiff and the defendant to join a lawsuit if the events or legal questions are the same. In other words, a plaintiff may sue more than one defendant if there are overlapping interests. But the plaintiff must decide whether to add more than one defendant to the lawsuit. This is known as permissive joinder and it is allowed only in certain situations. 

Third-party joinder 

In some instances, it is necessary to obtain third-party joinder in a family law proceeding. For example, if your mother is a co-owner of the house you are selling, it may be necessary to include her in the divorce action. The court may order that the proceeds from the sale of the residence be used to pay the note payable to her parents. 

Third-party joinder in family law proceedings is extremely rare and can only be justified when the other party actively helped the dissolution. This is not always the case, however. For example, in Feinstein v. Feinstein, Terry’s daughter, Karen, and son, David, were also named in the divorce. The husband filed motions to join the parents as parties, but the trial court denied them. 

Timeline for serve 

The timeline for serve and joinder in a family law case is fairly standard across the state of California. In most cases, the documents are prepared and filed at court on the same day, so filing can be completed within a day. However, if you hire a process server, the timeline may be longer. 

The process begins by serving the documents on both parties. In some cases, the filing clerk will notify the parties of the filing fee. This fee will be based on the Statewide Fee Schedule. If the parties are not able to pay this fee, they may be eligible to apply for a Fee Waiver.