Family court is a fairly straightforward process, and is used by many people as an efficient, informal way to process disputes and finalize legal decisions such as divorces. Depending on the complexity of the situation, a divorce can move through family court fairly rapidly, and the court is also authorized to handle most, if not all, of the details that come along with the divorce, such as custody, alimony, and even restraining orders.
It’s important to note, however, that the efficiency of family court is based largely around the idea of proof. In other words, going into the court room unable to prove why you need what you want is likely not going to end well for you. The fast pace of the decisions and the hearings means that the judge needs to see reasoning behind your requests or else he or she is not likely to grant them.
Thus, if you have a specific request to make in a family court, you should familiarize yourself as soon as possible with the term “show cause.”
What is a Show Cause Hearing
A show cause hearing is what takes place when an individual makes a request of the court.
- This can be any request but is often centered on what the individual specifically wants to get out of a proceeding such as a divorce.
- For example, let’s say the couple is in dispute over who keeps the title to a vehicle. The husband wants to hold a court hearing to get possession of the vehicle rightfully transferred into his name. In order to do so, he will need a court order, since there’s no law or rightful reason (other than his personal reasoning) that says the vehicle should belong to him and not his wife. Thus, he should file a request for a show cause hearing.
- In order to do this, the husband needs to file paperwork asking for the hearing and explaining his reasoning in writing. Typically at this time he will also need to fill out a document entitled the Order to Show Cause, which is a basic form where he needs to state what he wants. This form will be supplied to the other person involved – in this case, the wife – and she will be provided with the date and time of the show cause hearing as soon as one is set. In some states, it may be the husband’s duty to ensure the papers are served on his wife.
When the order to show cause hearing takes place, the judge will consider the husband’s request and examine any evidence he has backing up his reasoning for the claim. The wife, if present, will also have a chance to explain her side of things and counter the husband’s argument if she wishes to do so. This is typically a quick hearing and the judge usually makes a decision immediately, unless there is missing information or he has another reason to postpone his response, in which case both parties will receive a decision (and a court order) via mail within a few days after the hearing.
Getting Help
When you are involved in family court proceedings, it is a good idea to have a lawyer. Your lawyer can help you with a show cause hearing and can also assist you in any other court process or action that may take place.
