Orange County Court Divorce - What To Expect

You are the Petitioner and you have filed the initial Summons and Petition for Dissolution in the Orange County Court.  Divorce proceedings have begun.  The next step is to serve the other party with the Summons and Petition for Dissolution and fill out a Proof of Service to file with the Court.  The Respondent files a Response to the Petition and serves you, the Petitioner, with the Response.  Either one of the parties can file an Order to Show Cause or Motion to resolve some initial issues such as interim Spousal Support and/or Child Support.  A Court date is set and both parties need to make an appearance.

At the Orange County Court, divorce cases have filled the Court dockets to the point where sometimes you are lucky to get a Judge or Commissioner who is available to hear the case the day that the hearing is set.  Depending on the length of time the attorneys estimate the hearing to take, the Court will do the best to hear the case in a timely manner and accommodate the parties.  Many have been frustrated the day they go to Court for a hearing, expecting a resolution, but instead their hearing is continued to another day.  However, even though you think that appearing at Court was a waste of your time, your attorney will think differently.  When a Court date is set and all the parties involved have to be there, it is an opportunity for your attorney to resolve issues by settlement.  There are private rooms at the Orange County Courthouse for parties to try to settle their case or at least agree to issues in the interim time it takes a divorce to come to a Final Judgment.  The issues that can not be settled can be taken to hearing for the Judge to make the decision.  Sometimes the Judge can take arguments on the same day your hearing was scheduled, but sometimes your case will get continued.

If there are Child Custody issues to be resolved in an Orange County Court divorce proceeding, all parties must go to mediation before a hearing can be held in front of Judge.  So, make sure that you keep your mediation appointment, usually set before the day of your hearing.  Ask your attorney for guidance on what to expect in your mediation.  The mediator, who is a trained professional in child custody matters, will make his or her recommendation and submit the report to the Judge assigned to your case.  There are times when the Judge will take the mediator’s recommendation and adopt the child custody and visitation schedules as an Order of the Court.  However, there will also be times when the Judge will want to hear testimony on the issues before rendering a Judgment.  If you are not in agreement to the mediator’s recommendation, you can request a hearing and bring evidence and/or testimony as to why you do not think that the recommendation is not in the best interest of your child or children.  Your attorney will guide you in your and your children’s legal rights.

Your day in Court can be nerve racking and frustrating.  Do not be discouraged.  Trust that your attorney will do what is in the best interest of your Orange County Court divorce case.