Legal Question in Family Law in California

once i go and file the proper forms in court will there be temporary orders set in place till the day of the court trial ?


Asked on 11/26/12, 9:42 am

1 Answer from Attorneys

Sort of but not exactly. Once you file a petition for divorce or legal separation, you must also have a family law summons issued. Once it is issued, there are certain restraining orders on it that apply immediately to you. Those orders do not become binding on the respondent until they are properly served with the summons. The most significant ones on the summons are prohibitions against giving away, taking loans against, or otherwise diminishing community assets, and prohibitions against removing any minor child from the state without the other parent's consent or a court order. The most important things that the automatic orders do NOT cover are child and/or spousal support and child custody. You must make a motion or request an OSC for temporary orders on those subjects. You can find a copy of the family law summons in the forms section of the California State Courts website: www.courts.ca.gov

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Answered on 11/26/12, 9:59 am


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