The Dissolution of Marriage process commences with the filing of the Petition (Family Law). This document includes the following information:

- Identification of the parties (Husband and Wife):

- Information concerning the minor children of the marriage;

- Statement of community property;

- Relief requested, such as child custody, child support, spousal support, etc.

The Petition is filed and then served with a copy of the Summons. This is a court paper that formally advises the other party (the Respondent) that the Dissolution of Marriage action has been filed. It also advises the Respondent that he/she has thirty (30) days to file the Response (Family Law).

The Response includes the same type of information as the Petition but sets forth the Respondent's position as to each claim made in the Petition.

Several months can pass from the time the Dissolution of Marriage is started until the trial takes place. During this time either party may ask and obtain temporary orders by means of an Order to Show Cause ("O.S.C.") hearing.

The Order to Show Cause notifies the other party of the date and place of the hearing and the request for temporary orders while the case is pending. If the Order to Show Cause papers are filed at the same time as the Petition, this hearing is usually held within three (3) weeks after the first papers are filed.

The specific orders being requested are set forth in the Application for Order and Supporting Declaration. The order requested may include temporary provision for the following:

- Child Custody and Visitation;

- Child Support;

- Spousal support;

- Attorney’s fees, expert's fees and Court costs;

- Removal of a spouse from other home;

- Temporary possession of community property;

- Payment of bills while the dissolution is pending;

- Restraining orders.

Because the orders made at the Order to Show Cause hearing are temporary, Judges often limit the amount of time spent on each individual matter. For that reason the Order to Show Cause hearing is usually much shorter than the trial.

All orders made by the judge at an Order to Show Cause Hearings are temporary. This means that they remain in effect only until the Judgment of the Dissolution is filed.

^{-Glen L Rabenn, Certified Family Law Specialist}