Order to Show Cause Divorce

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Any divorce case is a more or less a complicated affair. If the separating spouses are able to negotiate and reach a mutual agreement on all divorce issues, a divorce can be obtained easily. But when the situation is different, a divorce can take a long period of time. The burden of the court proceedings make the partners completely exhausted and they do not have the patience to wait for the final decision. From the time the court case is filed till the divorce decree is signed, the total process is really very boring. During this period, the couple has various questions running in their mind such as, where would both the partners stay, who will take ownership of the children, etc. To get a temporary and urgent solution of these issues till the divorce is made final, the couple requests the court to grant orders to show cause divorce, to make sure that things run smoothly during the process of the divorce.

What is an Order to Show Cause divorce?

The 'order to show cause divorce' is a court order that directs anyone of the separating spouses to remain present in the court on a particular date and time. The motive of this presence is that anyone of the spouses should explain to the court the reason as to why the court should not take a specific action pertaining to the case.

When a couple decides to leave each other and go for a divorce, certain important issues are to be considered till the divorce decree is signed by the judge. Most of the times the couples are not in their normal psychological state to make wise decisions. There might be clashes of opinion that can further lengthen the procedure. To avoid any discrepancies, couples take the refuge of laws and abide by the 'temporary orders' that are issued by the court. The request for getting temporary orders is made by filing for a hearing that is termed as "Orders to Show Cause".

Let us take an instance to understand the concept in detail. In California, a husband may decide to divorce his wife. The wife may not have enough earning capability, which means that she will be short on money in no time, especially if she doesn't have any major saving. Then the wife may request for court orders to get financial aid from husband till the final divorce decision is made. According to California laws, the wife may get 40% of the husband's income for the temporary period.

Issues handled by an Order to Show Cause Divorce

The orders to show cause divorce are requested for some significant problems. These issues are too significant to wait until the final decision. Such issues are listed below-

  • Orders for payment of community property debts
  • Temporary possession orders
  • Property orders
  • Personal conduct
  • Stay away orders
  • Residence exclusion
  • Court costs and attorney fees
  • Child support
  • Child visitation
  • Child custody

Motion of Order to Show Cause Divorce

An 'order to show cause motion' in a divorce case can be used to request exactly the same sort of relief as would be obtained by a 'notice of motion.' The difference between these two is that the partner, who initiates the former, can submit the motion to the court prior to its submission to the opposite partner. Usually, this is the singular method by which one partner can establish communication with the court in the absence of the other partner.

One more aspect of the 'order to show cause motion' is that one partner can request the court to issue a temporary order prior to the response of the opposite partner. When the time factor is very critical, this method can be used. Some incidences of such circumstances are as follows-

  • The partner who moves the 'order to show cause motion' is in need of a decision quicker than a 'notice of motion.' For example, the decision may be related to temporary spousal support or temporary child support.

A motion made by order to show cause consists of the following-

  • The order to show cause
  • The affidavit of the moving partner: This is a sworn statement that throws light on the factual reasons of the need of the motion
  • An affirmation by a divorce lawyer that endorses the need of the motion
  • Any exhibits that give some backing to the motion

The partner, who is opposing the order to show cause motion, needs to complete a bunch of papers termed as 'affirmation in opposition.' These papers comprise of the following-

  • The sworn affidavit by the partner
  • The affirmation by a divorce lawyer
  • Any relevant and essential exhibits

The Hearing of Order to Show Cause

  • This sort of hearing cannot be categorized as an 'evidentiary hearing'
  • Both the partners at this hearing furnish proof in the form of a written declaration. This is signed under penalty or perjury. When the hearing is set, this declaration is filed
  • During the hearing, the partners and/or their lawyers are permitted to argue and in this manner urge the court to take some decision on the basis of the written facts
  • This hearing must be taken very seriously by the partners. The reason is that the temporary orders issued by the court during this hearing are the base for permanent orders issued at the conclusion of the case
  • The rules of the court are used to determine, which documents and declarations are essential to prove the facts stated by each partner

The orders to show cause divorce are developed to resolve a number of issues that will benefit both the spouses for a limited period of time. If you think your case is much complicated, you must take the valuable advice of your lawyer regarding how to take temporary orders until the actual divorce takes place.

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