Order to Show Cause Divorce

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

Issues handled by an Order to Show Cause Divorce

• 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 other partner is about to remove the child from the jurisdiction
• The partner who moves the 'order to show cause motion' is in need of a decision quicker than a 'notice of motion.' For example, temporary spousal support or temporary child support

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

• The order to show cause: This consists of the manner of service and the return date
• 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 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

Divorce Papers