Divorce Terms

Glossary - California Divorce Terms

ATRO'S

ATRO's, or Automatic Temporary Restraining Orders, are court orders contained on the back of every divorce summons in the state of California. They are standard court orders that apply to both parties. They state that neither party can remove the children from the state of California, neither party can cancel any insurance policies, neither party can borrow money against the estate, and neither party can dispose of any property of the parties. Make sure you carefully review and understand the restrictions placed upon you on the back of the divorce summons, whether you are the party filing the divorce or the party who was served.

Burden of Proof

Burden of proof refers to whose job it is to convince the judge what court orders need to be made on a particular issue, and how much proof is needed. Normally, the person who is asking the judge to make an order has the burden of proof.

Date of Separation

This is the date you and your spouse stop being husband and wife, even if you have not yet filed for a divorce. The date of separation is usually defined as the date when one, or both, of you realized that you no longer wanted to be married, and that your marriage was completely and permanently broken. It is not necessarily the date the two of you stop living together, rather it is the date that one of you had the revelation that things were truly over.

Default

If a party is in default, it means that he or she did not file a Response to the California divorce summons, will not be allowed to participate in the divorce, and will not receive notice of any court dates.  Usually, a default judgment will then be taken.

Discovery

Discovery is the process used by each side to discover information about the other's case. The types of discovery tools available to the parties include requesting the other side answer a set of written questions, requiring the other side produce a set of documents, or requiring the other side answer questions in person under oath. Both parties have a right to discovery before proceeding to a family law trial.

Ex Parte

An ex parte is a Latin term, usually referring to a request for emergency orders from the family law court. The request is due to an emergency that is so serious it requires the court's immediate intervention.

Irreconcilable Differences

The court has the power to grant a divorce in the state of California based upon irreconcilable difference any time one party believes the marriage has no hope of being saved. Having irreconcilable differences simply means that the parties no longer get along.

Response

A response is a document filed in the court by the party who was served with the divorce petition. This tells the court he or she wishes to particiate in the divorce proceeding and wants to be notified of any upcoming court dates.

Restraining Order

A Restraining Order is a court order preventing someone from doing something. In family law matters, this usually would be issued in a child custody or domestic violence matter.

Waiting Period

The waiting period refers to how long it takes to get a divorce in California; it always takes at least six months and one day before the court has the power to grant a divorce.