Some divorce cases require immediate action. California law allows this through the use of Ex Parte solutions.
What is an ex parte solution?
An Ex Parte solution is a Motion that is filed with the Court that does not require the usual waiting time. In some counties, a motion may be heard within 24 hours. Usually, notice to the opposing party or counsel must be given and must adhere to the particular County’s notice requirements.
The main reason for filing an ex parte divorce is to get your case in front of a judge as quickly as possible because of an emergency situation.
What kind of emergency situations require an ex parte action?
An ex parte action might be filed for any of the following reasons:
- The person filing the ex parte divorce is in danger,
- A child involved in the case is in danger, or
- Property owned by the filing spouse may be destroyed or damaged.
What is the procedure for filing for ex parte divorce orders?
The procedure and documents required for an Ex-Parte Motion are complex and confusing. Each county has different requirements and procedures. If you fail to adhere to the county’s requirements or procedures, your motion may be denied.
Find out if your situation requires an ex parte hearing.
Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.