Written by attorney Howard M Lewis

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

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