When you hire a divorce lawyer, you are hiring him or her to help you get a divorce. What does that mean? Very simply put, at the end of this lengthy process, the court will enter a Judgment of Dissolution that terminates your marriage and resolves all of the issues in your case, such as the division of property, child custody, spousal support, etc.
Your divorce is not final unless and until, a Judgment is entered. Sounds silly, but some people believe they are divorced even without that piece of paper. Some have come to my office after unsuccessful jaunts with lawyers who let their cases drag on for years without obtaining judgments. Below are the necessary steps to obtain a Judgment for the Dissolution of Marriage in California, and the purpose of each step.
STEP TWO: GETTING TEMPORARY ORDERS VIA AN OSC
Purpose: To have a sense of peace and order by having temporary orders in writing pending the Judgment.
Because it takes six months (or longer) to obtain a Judgment of Dissolution (“Judgment”), in the interim, some stuff needs to be sorted out. For example: Who stays in the house? Who pays for the mortgage? If you are the supported spouse, will you get your living expenses paid for? What about spousal support? If you have children, who has custodial rights? What about child support?
Because your questions need immediate answers, it is wise to schedule a court date as soon as possible to resolve these issues. You can schedule a court date by filing an Order to Show Cause (“OSC”). An OSC can resolve issues related to child custody and visitation, child support, spousal support, attorneys’ fees, and other important issues pending the issuance of a Judgment. It currently costs $40 to file an OSC.
Although the orders obtained via an OSC are called “pendent lite” (Latin for “while the case is pending”) temporary orders, in some cases, may end up becoming permanent orders that are incorporated into the Judgment. This is especially true in custody cases because “the status quo” is often favored and the longer a “temporary order” remains in place, the firmer a “status quo” arrangement becomes.
Filing an OSC does not mean you are trigger-happy or that you are racing to court to win. It is always a good idea to file an OSC when issues of child custody, visitation and support arise. Again, it takes six months or longer to obtain a Judgment, so both parties should consider temporary orders for peace of mind.
If both parties have been separated for a long period of time, are self-supporting, and have no children, there may not be any issues that need to be resolved pending the Judgment. Thus, you may choose not to pursue an OSC.
Kelly Chang Rickert is a California Certified Family Law Specialist whose family law practice is located in Los Angeles, California. Kelly’s firm Her firm specializes in Divorce and Family Law, and handles all areas of Divorce, Annulment, Spousal Support, Child Support; Modification, Child Custody and Visitation, Prenuptial and Postnuptial Agreements, Adoptions, Property Division; Restraining Orders; and Family Law Mediation. She can be reached at 323/393-5669.
This is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce. Technorati Tags: divorce California CA Dissolution Marriage legal documents file filing temporary orders relief order to show cause osc court order motion child custody support visitation divorcing get divorced Kelly Chang Rickert Certified Family Law Specialist Los Angeles women woman law
