To file a motion for joinder in California family law, complete the Judicial Council forms for your situation, pay the $60 filing fee, personally serve the third party, and file proof of service with the court. Joinder brings someone outside your divorce or family law case into it — a person with a custody claim, a business partner, a creditor, or a retirement plan — so the court’s orders can actually reach them. The forms and steps differ depending on whether you are joining an individual or an employee benefit plan.
When You Need to File Joinder
California Rules of Court, Rule 5.24 makes joinder mandatory when the court learns that a nonparty has physical custody of a child in the case or is claiming custody or visitation rights.1California Courts. Rule 5.24 – Joinder of Persons Claiming Interest A grandparent the child lives with, or a stepparent seeking parenting time, has to be brought in before custody orders can bind them.
Everything else runs through permissive joinder under Family Code section 2021, which lets the court order joinder for anyone who claims an interest in the proceedings.2California Legislative Information. California Family Code 2021 A business partner who co-owns a company with one spouse, a relative holding property claimed as a community asset, or a creditor with a lien on marital property are typical candidates. The question the judge asks is whether the case can be fairly resolved without that person in it.
Employee benefit plans have their own rules in Family Code sections 2060 through 2065. Section 2060(b) is the one to know: a court order dividing retirement benefits is not enforceable against the plan unless the plan has been joined.3Justia Law. California Family Code 2060-2065 Skip joinder and the plan can lawfully refuse to honor a Qualified Domestic Relations Order.
Forms for Joining a Person
Two forms carry the motion. The Notice of Motion and Declaration for Joinder (FL-371) is where you identify the person, describe their interest in the case, and explain why the court can’t resolve the issues without them.4California Courts. Notice of Motion and Declaration for Joinder FL-371 The declaration is doing the real work. A thin explanation gives the judge no reason to grant the motion.
The Summons (Joinder) (FL-375) formally notifies the third party — the “claimant” on the form — that they are being brought into the lawsuit.5California Courts. Summons (Joinder) FL-375 Fill in all existing parties, the case number, and the claimant’s identity. Both forms are on the California Courts website.
Forms for Joining an Employee Benefit Plan
Joining a retirement plan is a clerk-signed process rather than a motion for a judge. Three forms are involved:
- Request for Joinder of Employee Benefit Plan and Order (FL-372). This is your application; the clerk signs the order on the same form.6Judicial Council of California. Request for Joinder of Employee Benefit Plan and Order FL-372
- Pleading on Joinder—Employee Benefit Plan (FL-370). Sets out your claim against the plan and the relief you want, such as dividing benefits as community property.7Judicial Council of California. Pleading on Joinder Employee Benefit Plan FL-370
- Summons (Joinder) (FL-375). Same summons as above, directed to the plan’s administrator or trustee.5California Courts. Summons (Joinder) FL-375
You need the plan’s exact legal name and the name and address of its trustee, administrator, or agent for service. Account statements and the Summary Plan Description have this information. If you’re the non-employee spouse and don’t have it, Family Code section 2062 requires the employee spouse to provide it within 30 days of a written request.3Justia Law. California Family Code 2060-2065 Getting the plan name wrong is a common mistake and can make the joinder ineffective.
Filing the Papers
Take the completed forms to the court clerk’s office where your family law case is pending. Bring the originals plus at least two copies so the clerk can stamp your copies as filed. The filing fee is $60.8California Courts. Superior Court of California Statewide Civil Fee Schedule If you can’t afford court fees, apply for a fee waiver using form FW-001.
Serving the Papers
After filing, you must serve both the third party and your spouse or their attorney. The rules differ:
- A person being joined must be personally served. Someone at least 18 and not involved in the case hand-delivers the documents — a professional process server, a friend, or a county sheriff. The server then completes a Proof of Personal Service (FL-330).9Judicial Council of California. Proof of Personal Service FL-330
- For an employee benefit plan, service goes to the trustee, administrator, or designated agent for service. Under Family Code section 2062, service on one of those individuals in that capacity counts as service on the plan.3Justia Law. California Family Code 2060-2065
- Your spouse can be served by mail if they have already appeared in the case. Document that service with Proof of Service by Mail (FL-335).10Judicial Branch of California. Proof of Service by Mail FL-335
File the proofs of service with the court. Without them, the court won’t act on your motion.
Fees the Joined Party Pays
When a person is joined, their first filing in the case triggers a first appearance fee of $435.8California Courts. Superior Court of California Statewide Civil Fee Schedule A handful of counties charge slightly more due to local surcharges.
Employee benefit plans pay nothing. Family Code section 2064 bars the clerk from charging a plan any fee for filing a notice of appearance or any later documents in the case.3Justia Law. California Family Code 2060-2065
How the Joined Party Responds
The FL-375 summons gives the served party 30 days to file a response with the court. What that looks like depends on who was joined.
A person can file a Responsive Declaration to Motion for Joinder (FL-373) to consent or object.11Judicial Council of California. Responsive Declaration to Motion for Joinder FL-373 Your spouse can also object. If nobody objects, the judge typically grants joinder on the papers. If objections come in, the court sets a hearing.
An employee benefit plan responds by filing a notice of appearance within 30 days.3Justia Law. California Family Code 2060-2065 The plan may file a responsive pleading at the same time but doesn’t have to. If it files only a notice of appearance, all factual claims in your joinder pleading are automatically treated as disputed. If the plan doesn’t respond at all within 30 days, you can ask the clerk to enter a default.
What Joinder Does and Doesn’t Cover
Once granted, joinder brings the third party into the case only on the issues identified in the joinder pleadings. A business partner joined to value and divide a company interest doesn’t gain standing on child support. A retirement plan joined for a QDRO doesn’t get involved in property disputes.
For retirement plans, joinder is the gateway to a Qualified Domestic Relations Order. The QDRO directs the plan administrator to pay the non-employee spouse their court-ordered share of benefits. Without joinder, the plan has no legal obligation to comply, and the non-employee spouse has no direct way to enforce the division against the plan.3Justia Law. California Family Code 2060-2065 A judgment saying you’re entitled to half a pension does you no good if the plan was never joined; the administrator will decline to process the QDRO, and you’ll have to return to court to complete the joinder before the division can be enforced.