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ATRO’S
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Automatic Temporary Restraining Orders are the court orders contained on the back of every divorce Summons in Calif. They state that neither party can cancel any insurance policies, neither party can borrow money against the property, nor dispose of any property.
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Burden of Proof
| The person who has the burden of proof has job of convincing the judge why certain orders should be made. |
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Date of Separation
| The date the parties being husband and wife. 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. |
| Default |
| If no Response is filed, the Petitioner may proceed by default, meaning the Respondent cannot participate in the divorce, and will not be notified of any upcoming court dates. |
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Discovery
| Discovery is the process used by each side to discover information about the other’s case.
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Dissolution Divorce Judgment
| A divorce judgment is the final document which declares the date the parties become single and outlines all the terms of the divorce. Ex Parte |
| An ex parte is a request for the court to make temporary, emergency orders. |
| In Pro Per |
| In Pro Per simply means that the person is acting as his/her own attorney. |
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Irreconcilable Differences
| Any time either party comes to the conclusion that the marriage is over, there are irreconcilable differnces, a basis for the court to grant a divorce. |
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Jurisdiction
No Fault
| If the court has jurisdiction, it has the power to make orders.
Legal separation refers to a formal court procedure, similar to a divorce.
Either party may obtain a divorce at any time, for any reason, without having to explain why. The property is divided the same regardless of whose fault it is the marriage ended. |
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| Perjury
| Any time a witness takes the stand, he or she will be asked to swear to tell the truth. If the witness lies, he/she can be prosecuted for perjury.DIV>
The person who files the divorce proceeding.
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Status
| The parties' marital state. If status is dissolved, the parties are single. |
| TRO |
| A Temporary Restraining Order, or TRO, is a court order granted at an ex parte hearing.
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| Waiting |
Period
| How long it takes to get a divorce in California; it always takes at least six months and one day. |
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