There may be an instance in which you need immediate relief during your divorce case. In which case you would need your attorney to file an Emergency Order to Show Cause. An Order to Show Cause is a motion that will be presented to a judge asking for certain relief. Now, the normal process with an Order to Show Cause may take a while for your relief to be granted. First, a judge needs to read your Order to Show Cause, give you a date to have this motion served upon your spouse or their attorney and then there needs to be a briefing schedule set for the opposing side to put in an opposition and for your reply.
If there is something that is an emergency that cannot wait for the process explained above, your attorney would need to file an Emergency Order to Show Cause. This motion gets put in front of a judge immediately and they can grant or deny your relief right away before the motion needs to be served. The other difference between a regular Order to Show Cause and an Emergency Order to Show Cause is when it is an emergency you need to give notice to your spouse or their attorney that you will be filing the motion the next day. They won’t see the motion until the judge has decided on the immediate relief but they at least need notice of the motion.
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