Ex Parte Divorce Proceedings

Ex Parte Divorce Proceedings

ex parte divorce ex parte divorce Ex Parte Divorce Proceedings Ex Parte divorce 300x189Married couples can separate for some time before officially ending their marriage. During that time, different things remain unsettled, including child custody and property ownership.  When there is an immediate danger or irreparable harm, or immediate loss/destruction  of properties, the law can allow for Ex Parte Divorce proceedings.

Requirements for Ex Parte Divorce  

For a party to file for ex parte divorce, they must be living within the court’s jurisdiction for a specified minimum period prior to the filing. Both parties must also be fully aware of the divorce. You can satisfy this requirement through a third-party server, personal notice, or mailed divorce petition. The court will then serve a notice to the other party in the shortest time possible unless this would cause harm to the person serving the notice. You should also make sure the service of the court proceedings is done correctly to prevent the case from being ex parte divorce ex parte divorce Ex Parte Divorce Proceedings ex parte 2 768x7681 1 300x300rejected or invalidated by the judge.

What is Ex Parte Divorce Motion

An Ex Parte motion is one made without giving notice to the opposing party. This is an exception to the general procedures for setting a noticed hearing, but may require at least minimal telephonic or similar notice, depending on local practice.

A party can petition for a Ex Parte Divorce  motion when they urgently need to get an immediate order. Some specific temporary orders that can be sought on an Ex Parte basis include:

Child Custody and Visitation

In the event of a pending marital action, the court may make orders, either Ex Parte or on noticed motion, to decide the temporary custody of any minor children of the marriage and visitation rights regarding these children.

Orders in DVPA (Domestic Violence Prevention Act )- Restraining Order proceedings.

In a Ex Parte Divorce , a court may make temporary orders in a DVPA proceeding with respect to a party who has established a parent and child relationship with the child involved. In making temporary child custody and visitation order under the DVPA

  1.  Not required to include a finding of paternity
  2. A custody order issued under the DVPA does not determine custody. Such an order, however, can survive the termination of any protective order.

Legal guidelines in granting temporary orders.

The legal guidelines for temporary child custody and visitation orders generally are the same as those for long-term orders.

Agreement of parties.

If there is an agreement between parties regarding custody, a copy of the agreement must be attached to a petition or motion. After filing the agreement, the court must enter an order to grant temporary custody, as stated in the agreement.

Ex Parte orders.

A custody order can be granted or modified in a Ex Parte Divorce  only if there’s a showing of;

1) Immediate harm to the child, which includes acts of domestic violence committed by the parent, or patterns of sexual abuse on the child.

2) Immediate risk the child will be removed from the state.

When a court grants a custom order on an Ex Parte basis, there should be an order to restrain the party from removing the child from California. If counsel is aware of facts that indicate the child is facing a risk of abduction by a parent, then relief should be requested.

An Ex Parte order or visitation must provide details such as the day, time, place, and means of transport to limit the possibility of exposing the child to domestic violence and conflict and to protect all family members.

The court must also consider if the custody or visitation arrangement be limited to situations where the third party specified by the court is present, or the order is suspended.

Even though Ex Parte motions may not require formal notice, some form of notice may be required depending on the circumstances. Some motions like protective orders can be issued without notice. However, other temporary restraining orders may not be granted without notice unless there are facts in the declaration in support of the petition for the order. Or in the event, a great or irreparable injury would otherwise result to the applicant before the matter can be heard on notice.