Order to Show Cause for a Divorce

[13babul13]

My question involves a marriage in the state of:California

Hi,

Well, I have previously posted concerning the divorce issue of my mother, but nothing had occur since then. None of the parties (Mother and step-father) had petition for divorce. But it wasn't until today, that by chance, I logged in to the local court case status and typed her name. It indicated that my step-father had file for divorce just 3-4 ago. The court case status indicates the attorney for my step father will have a court schedule to ORDER TO SHOW CAUSE.

I did a little research about the ORDER TO SHOW CAUSE, but I don't really understand it. What is really hard to understand is why my mother hasn't been notify of such order, since the consequences might be devastating to us. If it wasn't but for the fact I logged in today, we would of never found out.

Is it require by to inform my mother of such order? Or is the attorney acting maliciously? If so, what can be done? It just seems strange that a determination concerning the future of my baby brother, attorney's fees, and all the rest can be taken without informing my mother.

One more question, will my mother be really require to pay my step fathers attorney fees?

According to the case status, my step father is seeking:
1.) Readiness OSC Child Support
2.) Readniess OSC Attorney Fees
3.) Readiness OSC Child Custody
4.) Readiness OSC Child Visit
5.) Readiness Ord to Show Cause
6.) Readiness OSC Spousal Support

Thanks a lot!

[Mr. Knowitall]

We have no way of knowing if your mother has filed an appearance and answer, in pro per or through a lawyer. If she has, she or her lawyer should get copies of all pleadings and notices; if not, there may be notices that she does not receive either because of her failure to appear or because she has not kept the court appraised of any change of address since the original filing.

If this case has been pending for three years with no action taken, it could be that your father has been ordered to show cause why the case should not be dismissed for nonprogress. You didn't explain the context, so we have no way of knowing. We only know what you tell us, and cannot look at the calendar entries or court file.

[13babul13]

We have no way of knowing if your mother has filed an appearance and answer, in pro per or through a lawyer. If she has, she or her lawyer should get copies of all pleadings and notices; if not, there may be notices that she does not receive either because of her failure to appear or because she has not kept the court appraised of any change of address since the original filing.

If this case has been pending for three years with no action taken, it could be that your father has been ordered to show cause why the case should not be dismissed for nonprogress. You didn't explain the context, so we have no way of knowing. We only know what you tell us, and cannot look at the calendar entries or court file.

Well, I am certain she has not receive any document from court nor require to apppear. A few months back, like 5-6 months, we, my mother and I, we trying to negotiate with my step-father's lawyer. We hired an attorney, but he was negligent and untrusthworthy. All we knew was that our attorney responded with some type of negotiation, but that was all we knew from him. So, we waited and waited. It wasn't after 2-3 months, we called to find out what was going on. It was then that the paralegal told us my step-father's attorney had refuse to negotiate the case out of court and sent us a copy of the letter. That was it. Since then nothing has happen, until I by curiosity checked the local court's website and found that 6-7 days ago the lawyer resquested the Order to Show Cause. I am kind of familiar with the website, what was strange to me was that it didn't have out address, it doesn't have information that it has been served on my mother, and it doesn't even have the name of the attorney we used to have.

They have a couple of properties together. But as you may notice from my initial post, he wants to play hard ball. He changed the titles of two properties that were both with community assets during the marriage. His attorney doesn't mention those properties in the dispute, only the properties that are under my mother's name or both of them. What can be done in this case? In addition, there is another property which was under the name of my step-father's brother, but it was really his. We have receipts of all the community assets that went into maintaining and protecting such property. Do we have a chance of actually claiming the property or part of the money that went into it?

If you are an attorney in Central California, please send me a private message with your information. It's really difficult to find an attorney that is willing to fight for your interest. Or if you know a divorce lawyer in central Cali, that would also be appreciated.

Thank you!

[13babul13]

Well, I am certain she has not receive any document from court nor require to apppear. A few months back, like 5-6 months, we, my mother and I, we trying to negotiate with my step-father's lawyer. We hired an attorney, but he was negligent and untrusthworthy. All we knew was that our attorney responded with some type of negotiation, but that was all we knew from him. So, we waited and waited. It wasn't after 2-3 months, we called to find out what was going on. It was then that the paralegal told us my step-father's attorney had refuse to negotiate the case out of court and sent us a copy of the letter. That was it. Since then nothing has happen, until I by curiosity checked the local court's website and found that 6-7 days ago the lawyer resquested the Order to Show Cause. I am kind of familiar with the website, what was strange to me was that it didn't have out address, it doesn't have information that it has been served on my mother, and it doesn't even have the name of the attorney we used to have.

They have a couple of properties together. But as you may notice from my initial post, he wants to play hard ball. He changed the titles of two properties that were both with community assets during the marriage. His attorney doesn't mention those properties in the dispute, only the properties that are under my mother's name or both of them. What can be done in this case? In addition, there is another property which was under the name of my step-father's brother, but it was really his. We have receipts of all the community assets that went into maintaining and protecting such property. Do we have a chance of actually claiming the property or part of the money that went into it?

If you are an attorney in Central California, please send me a private message with your information. It's really difficult to find an attorney that is willing to fight for your interest. Or if you know a divorce lawyer in central Cali, that would also be appreciated.

Thank you!

We just got the court documents.