Divorce and the Motion to Quash the Proceedings

At the Orange County Law Office of David P Schwarz we have litigated numerous divorce cases involving motions to quash the proceedings. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

A Divorce lawyer will assist their client in explaining the names of the filings that are made in the Superior Court to fight their divorce case. In a family law proceeding, the term “request for order” has the same meaning as the terms “motion” or “notice of motion” when they are used in the Code of Civil Procedure.

A well qualified Divorce attorney will argue to the family law court several issues that may terminate any proceeding in family law Court. Within the time permitted to file a response, the respondent may move to quash the proceeding, in whole or in part, for any of the following reasons, Lack of legal capacity to sue. This means that either the person seeking a lawsuit in family law divorce court is either a minor or is mentally unfit to proceed with any litigation in family law Court.

In addition, the motion to quash the proceedings cannot be done if there are res judicata or collateral estoppell issues. That means that if there is a Prior judgment or another action pending between the same parties for the same cause of action the motion to quash will succeed and the petitioners motion will be terminated.

Furthermore, In divorce cases in the family law superior court there are strict residency and jurisdiction requirements to file a motion for a divorce. Under the family law code there are numerous factors that are laid out that will strike any attempt to file a divorce action in either the state of California or in Orange County

At the Orange County of Law Office David P Schwarz we will make sure that the motion to quash will be served and filed correctly with the Superior Court. The request for order to quash must be served properly in order for it to be effective. If the respondent files a request for order to quash, no default may be entered, and the time to file a response will be extended until 15 days after service of the court's order denying the request for order to quash.

A Divorce lawyer will make sure that Within 15 days after the filing of the response, the petitioner can move to quash any request for affirmative relief in the response.

The parties are deemed to have waived the grounds set forth in (b) if they do not file a request for order to quash within the time frame set forth.

When a request for order to quash is granted, the court may grant leave to amend the petition or response and set a date for filing the amended pleadings. The court may also dismiss the action without leave to amend. The action may also be dismissed if the request for order has been sustained with leave to amend and the amendment is not made within the time permitted by the law.

At the Orange County Law office of David P Schwarz we have litigated numerous divorce cases wherein a motion to quash was performed by our client. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com.

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