In some cases, even though a couple has decided to end their marriage, the time between when the decision has been made and when the courts make it official can be lengthy. During this time, significant issues (such as the division of community property, who gets to stay in the home, and/or who keeps primary custody of any children) are generally discussed, with differing results.
Temporary Orders and Your California Divorce
Ideally, you and your soon-to-be-ex will be able to quickly come to an agreement on these issues. If you are unable to come to an agreement, even with the assistance of experienced family lawyers, you will have to set a temporary orders hearing and have the court render a decision. In California, these hearings are made by filing for a hearing called an “Order to Show Cause (OSC).” An OSC is an appointment to see the judge wherein the parties ask the judge to make certain orders. The various orders a judge will make before a trial date include orders for temporary custody and visitation, orders for temporary child support, and temporary spousal support. While these temporary orders typically dissolve on the trial date, the initial set of temporary orders can set the tone for the rest of your divorce proceedings.
It may be helpful to spend time before the hearing formulating an action plan and organizing your thoughts and ‘arguments’. Additionally, there are several supporting documents that you will want to prepare prior to the hearing, dependent, in part, on what issues are disputed. A Los Angeles family lawyer can go over each document in further detail.
Can I Dispute a Temporary Order?
By definition, the orders are “temporary” but in California, they are often difficult to modify. Furthermore, they often set the tone of the divorce by determining where the parties live, what parenting time they have, how much child and/or spousal support to pay, etc… Therefore, if you do not agree with the decision made by the court, it is crucial that your divorce lawyer challenge it and fight on your behalf to modify it as soon as possible so that down the road, when the time comes for the court to make the arrangement final, the record will show your objections.