Written by attorney Howard M Lewis

What is an Order to Show Cause divorce?

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

When a couple decides to leave each other and go for a divorce, certain important issues are to be considered till the divorce decree is signed by the judge. Most of the times the couples are not in their normal psychological state to make wise decisions. There might be clashes of opinion that can further lengthen the procedure. To avoid any discrepancies, couples take the refuge of laws and abide by the 'temporary orders' that are issued by the court. The request for getting temporary orders is made by filing for a hearing that is termed as "Orders to Show Cause".

Let us take an instance to understand the concept in detail. In California, a husband may decide to divorce his wife. The wife may not have enough earning capability, which means that she will be short on money in no time, especially if she doesn't have any major saving. Then the wife may request for court orders to get financial aid from husband till the final divorce decision is made. According to California laws, the wife may get 40% of the husband's income for the temporary period.

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