What's Next After Filing for Divorce

The California Family Code and the state’s legislature define dissolution, legal separation and nullity proceedings as non-adversarial, because they are no-fault actions. In other words, there is no “good guy” or “bad guy” in divorce actions. In a perfect world, it would also mean that both parties get along and all they need to do after filing their legal papers is wait for their request to be granted. Then they can go about their “merry way.”

Sadly, we don’t live in a perfect world, and often interim court orders (temporary orders) have to be filed.

There are many different forms of interim relief. Some of them can be filed with minimum assistance (see other blogs or go to courts.ca.gov), but often legal assistance should be requested.

Some of the more common forms of interim relief are:

Protective orders - such as restraining harassment and assaultive conduct; “stay-away” orders; dwelling exclusion orders; or other orders preventing specific behaviors

Injunctive relief - orders a party to do or not do a specific act

Child Custody/Visitation orders – including orders preventing a parent from moving away with the children

Property restraining orders - including orders regarding the temporary use, possession and control of property and making any payments on that property, et cetera

Spousal and/or child support orders – these are temporary orders, and when a final judgment is rendered, they are often different.

Attorneys’ fees and court costs orders – often, one party can afford legal help, but the other party cannot, and if requested, the court can order the party with the financial resources to pay for the other party’s legal fees

Remember, these are some of the common forms of temporary relief. It is usually in a person’s best interests to request legal assistance in obtaining this relief.

Next Week….

Ex-parte orders

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