Legal Question in Family Law in California
Temporary Orders
I am helping my sister by researching information on her divorce. Does she have to wait for her husband to move out of the home before she can submit a request for temporary orders? Can she file the temporary order herself? Can she get help to have her spouse by for her attorney?
2 Answers from Attorneys
Re: Temporary Orders
There are some temporary orders that are automatic upon filing of the dissolution, however, they are not orders for stay away or exclusive use and possession of the residence. To get an order for exclusive use and possession (ordering him to move out of the house) you must set a hearing. That hearing generally takes about 30 days. If Husband makes substantially more income than Wife you can generally get attorney's fees, but all attorney's that I know of will require some type of retainer. Under local court rules in San Diego County if the retainer is borrowed it can be ordered paid back. Good Luck, PAT MCCRARY
Re: Temporary Orders
No she may get a kick-out order. For complete assistance including spousal and child support and property division, call me directly at 16192223504.
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