Legal Question in Family Law in California
Can I file first an Order to Show Cause and later for Divorce?
I want to file for divorce and for child visitation, but I dont know if it will be more quicker to file an Order to Show Cause first so I can see my kids? Or do I have to file for everything together? I mean I believe the process of divorce takes more than 6 months, besides she doesnt want to give me the divorce. If I file for an Order to Show Cause, will it be more quicker? For me are more important my kids, so I would like to file an Order to Show Cause. On the other hand, if I file for everything together would it be more cheaper than filing separate things?
I want a quicker way to see my children legally.
Hope you can understand and help me. Thanks in advance.
1 Answer from Attorneys
Re: Can I file first an Order to Show Cause and later for Divorce?
No, you have to first file a petition for either dissolution or for separation. That's how you first get an action started in order to file an Order to Show Cause (OSC). You cannot start an action by filing an OSC.
It's a moot issue as to whether it's cheaper to file an OSC first because you have to start with the petition. Just so you know, you can also file, with the petition, an Application for Waiver of Fees.
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