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General Forums => The O' Club => Topic started by: Russian on June 18, 2008, 04:26:35 PM

Title: CA Family Law - divorce
Post by: Russian on June 18, 2008, 04:26:35 PM
Does anyone know how to expedite divorce hearing? 

I'm helping out a friend and his 'soon to be ex-wife' is 'dragging feet'. Judge scheduled hearing on April....and my friend is wondering if there is a way to move that hearing closer. I looked through various California Family Law publications and can't find anything.... and since quite a few people on this board experienced this process first hand..... anyone?

 
Title: Re: CA Family Law - divorce
Post by: AWMac on June 18, 2008, 04:30:44 PM
Loan him yer gun?
Title: Re: CA Family Law - divorce
Post by: Trell on June 18, 2008, 04:33:27 PM
Kind of screwed,  they get to move at their own pace.
Title: Re: CA Family Law - divorce
Post by: Shamus on June 18, 2008, 04:58:24 PM
What does his lawyer say?

Ten months seems kinda long, but if he is doing this pro-per and she has a lawyer, he does not want to go to court because he will get crucified.

shamus 
Title: Re: CA Family Law - divorce
Post by: Russian on June 18, 2008, 05:14:45 PM
Both parties are self representatives......and judge at the moment is on husbands side.  They tried lawyers but bloodsuckers just drank blood without any results. 
Title: Re: CA Family Law - divorce
Post by: ZetaNine on June 18, 2008, 09:19:34 PM
under certain circumstances you can petition the court to expedite the hearing....

was there any form of a pre-nup?  that moves things along quicker.

are minor children involved? is there a high degree of assets to settle or split? incomes? property? etc?  are there any issues that are hotly contested? if yes to any of these, it's highly unlikely.
Title: Re: CA Family Law - divorce
Post by: DREDIOCK on June 18, 2008, 10:08:05 PM
and judge at the moment is on husbands side. 

THAT is rare
How much did it cost to buy the judge? LOL
Title: Re: CA Family Law - divorce
Post by: Russian on June 18, 2008, 10:15:11 PM
under certain circumstances you can petition the court to expedite the hearing....




OK...using FL301 and what else?
Title: Re: CA Family Law - divorce
Post by: DiabloTX on June 18, 2008, 10:15:16 PM
If it's an uncontested divorce, no property disputes or kids, then what's the hold up?
Title: Re: CA Family Law - divorce
Post by: Russian on June 18, 2008, 10:17:46 PM
If it's an uncontested divorce, no property disputes or kids, then what's the hold up?

It's contested, there is some property and a child. But you guys are not answering the question...
Title: Re: CA Family Law - divorce
Post by: DiabloTX on June 18, 2008, 10:36:48 PM
Ask the attorney this question, that's what they're getting paid for.
Title: Re: CA Family Law - divorce
Post by: ZetaNine on June 18, 2008, 10:47:14 PM
It's contested, there is some property and a child. But you guys are not answering the question...

if it's a minor child, the court will take their time.
Title: Re: CA Family Law - divorce
Post by: Russian on June 18, 2008, 11:11:46 PM
so no one knows.....
Title: Re: CA Family Law - divorce
Post by: DiabloTX on June 18, 2008, 11:36:07 PM
It's CA Family Law, only the lawyers know.
Title: Re: CA Family Law - divorce
Post by: Russian on June 19, 2008, 12:25:23 AM
It's CA Family Law, only the lawyers know.

..... yeah.... .only blood suckers know legal system. Us - poor ol' uneducated folks can't open a book and share knowledge.
Title: Re: CA Family Law - divorce
Post by: CAP1 on June 19, 2008, 07:45:34 AM
..... yeah.... .only blood suckers know legal system. Us - poor ol' uneducated folks can't open a book and share knowledge.

sad part is..there's probably a lawyer readng this thread.....not willing to offer advice :rolleyes:
Title: Re: CA Family Law - divorce
Post by: SD67 on June 19, 2008, 07:47:08 AM
I have a feeling one already has offered some advice ;)
Title: Re: CA Family Law - divorce
Post by: lazs2 on June 19, 2008, 08:01:44 AM
thought I knew enough about divorce in kalifornia but I can't think of a way to change a court date once it is made except to delay.

If it is contested and he doesn't have a lawyer then he is screwed I would think.   It is always best to get an agreement in the beginning before the lawyers get involved... once one has a lawyer... both need em.   Even a reasonable woman becomes crazy once she talks to her lawyer and friends long enough.

the delay will just give her and her lawyer more time to make sure they pick the bones clean.

lazs
Title: Re: CA Family Law - divorce
Post by: midnight Target on June 19, 2008, 08:16:13 AM
Back in the 90's I went through this with an attorney. I won full custody but IIRC it took almost a year for everything to be settled.
Title: Re: CA Family Law - divorce
Post by: zuii on June 19, 2008, 08:35:14 AM
You need a mean, aggressive, competent, often expensive lawyer willing to leave no stone unturned and willing to file, file ,file, and basically wage a "jihad" of sorts.
(i been through it also)
This may seem insane (and it is)


zuii
Title: Re: CA Family Law - divorce
Post by: CAP1 on June 19, 2008, 09:00:13 AM
You need a mean, aggressive, competent, often expensive lawyer willing to leave no stone unturned and willing to file, file ,file, and basically wage a "jihad" of sorts.
(i been through it also)
This may seem insane (and it is)


zuii

insane, but you're very very right. i've never been through it(thak God) b ut have seen friends go through this crap. in the PRNJ, the wife almost ALWAYS gets whatever she wants in these things from what i've seen.

<<S>
Title: Re: CA Family Law - divorce
Post by: ZetaNine on June 19, 2008, 09:19:22 AM
sad part is..there's probably a lawyer readng this thread.....not willing to offer advice :rolleyes:



I'm an attorney admitted in CA, NY and FL, although I do not practice law for a living.  No attorney is going to dispense legal advice here, nor should they. I can tell Russian with great confidence, that the hold up is what I thought it is..... which is the welfare of a minor child. Because of that, I doubt that entering petitions to the Court will expedite this matter for them.  Their best chances are to re examine the idea of each retaining attorneys.
Title: Re: CA Family Law - divorce
Post by: CAP1 on June 19, 2008, 10:00:10 AM


I'm an attorney admitted in CA, NY and FL, although I do not practice law for a living.  No attorney is going to dispense legal advice here, nor should they. I can tell Russian with great confidence, that the hold up is what I thought it is..... which is the welfare of a minor child. Because of that, I doubt that entering petitions to the Court will expedite this matter for them.  Their best chances are to re examine the idea of each retaining attorneys.

well, no offense intended towards you...but i stated it that way due to the fact that when someone starts a thread asking automotive advice, a bunch of us offer it. when someone asks almost any advice actually, it's offered....even face to face....it seems that doctors and lawyers prefer not to do so. funny thing is that i have a couple customersa that are docs..and although they will offer no advice, they are very quick to ask it about their vehicles..........

<<S>>
Title: Re: CA Family Law - divorce
Post by: ZetaNine on June 19, 2008, 10:06:04 AM
well, no offense intended towards you...but i stated it that way due to the fact that when someone starts a thread asking automotive advice, a bunch of us offer it. when someone asks almost any advice actually, it's offered....even face to face....it seems that doctors and lawyers prefer not to do so. funny thing is that i have a couple customersa that are docs..and although they will offer no advice, they are very quick to ask it about their vehicles..........

<<S>>

none taken CAP 1 .... yeah...it's human nature I think. 
Title: Re: CA Family Law - divorce
Post by: DieAz on June 22, 2008, 03:14:52 PM
with doctors and lawyers there are too many variables to give any advice other than see one at their office.
which any advice or treatments should then be covered under malpractice insurance.

asking a general question of something and a question of specifics are two entirely different things.
a general question about a disease can easily be answered or a general question if there is a law about such and such is easy enough. the devil is in the details.

although your question was general in nature, it requires specific info to answer it. such as; if something = true then "this is your answer" : if something = false then "this is your answer" . even then it can be the wrong answer.

so the general answer to your general question of law is, maybe and maybe not. see a lawyer in your local area, specializing in that area of law.