California Contested Divorce: A case is "contested" when 1) a Response to the petition is filed, 2) the parties are unable to agree on the issues, 3) and the court must resolve them for the parties in a trial.

If your case is contested by the other party, depending on the issues involved and the complexity of the case, the following additional steps may need to be taken.

Motions For Preliminary Orders

You may not be able to wait until the end of the case - a process which takes a minimum of 6 months - to obtain certain orders. In such cases, it may be necessary to file an Order To Show Cause "OSC" to obtain temporary orders to remain in place until the final Judgment is entered. Such orders include:

Child Custody, Visitation, and Support Orders

• Spousal support orders 
• Property possession orders
• Payment of attorney fees and costs
• Restraining orders against domestic violence
• Move-out orders

Discovery

"Discovery" is the process by which evidence is gathered by both sides to present to the court at the trial of the matter. Discovery may or may not include:

• Interrogatories: Written questions which must be answered under penalty of perjury.
• Depositions: The parties and 3rd parties may be compelled to appear in the attorney's office to answer questions under oath in front of a court reporter.
• Subpoenas: Documents may be subpoenaed from 3rd parties.
• Motions: If the other party fails to answer or respond to discovery, it may be necessary to make a "motion to compel" answers and responses.

Trial

If your case does not settle, it may be necessary to try the issues before the court.