Burbank Divorce Lawyers
It’s understandable people choose to get married. Getting married has many advantages. Married couples tend to have much higher incomes. Married couples are also treated more kind in many kinds of tax laws. A married couple also has access to certain benefits not available to single people. Going through life with a partner can be a joy as both members share certain interests. At the same time, getting married is not just a chance to live with another person. A marriage is a legal document. When people think about getting a divorce, the legal documents must be resolved under law. If they are not, any plans for a future marriage cannot legally take place. If the couple has decided to call it quits, it’s best for them to make sure such a momentous decision is done legally. Burbank divorce lawyers can and will ensure all divorces are legally binding on both parties.
The Initial Plan
Over time, it may have become clear the marriage is simply not working out. After a while, both parties may be contemplating divorce. Taking the first steps can be a huge decision. Some couples might have religious objections to a divorce. In that case, a lawyer can arrange for a legal separation that is for both parties but does not constitute a legal divorce. In other instances, it’s really time to get a legal divorce and move on. The lawyer can help anyone sort out what is in their best interest. A party might have hesitated because the timing wasn’t quite right or the kids were still young. The lawyer can help them weight their options and consider how the decision to divorce is going to impact their present day and any plans for the future. That is a good way to think about the first steps required in the divorce process.
A lawyer can also lay out a plan that involves everything that might be related to the divorce. For example, most people will buy a home at some point in time. Many people will buy a house in a certain area because they like the amenities such as good schools and an easy commute. The home may have a lot of accumulated equity or it might have a mortgage greater than the home’s value. All homeowners need to keep timing in during a divorce. Selling at a loss can impact many areas of the lives. Each party can find their credit scores have fallen. That can make it hard to buy another house or even find a good rental. A lawyer can work out any plans for the division of assets from the very first. This way, both parties can walk away pleased with the results once the divorce is done.
As the Process Continues
Anyone who is thinking about a divorce should bear in mind that the process will take at least some time. A young couple who’ve only been married for a year or less will still need to talk to court system and ensure that the marriage contract has been legally broken. For many couples, a marriage is a long standing experience and one that requires them to consider everything from child custody plans to who gets to keep a beloved family pet. The couple may also have a prenuptial agreement in place. These are agreements that spell out what is going to happen if the couple decides to get divorce. Since that time, the couple may have seen their economic interests change. A lawyer can have a close look at this document in order to make sure it is in effect. If the conditions required under California law for it to be valid have not been met, this can also add time to to the divorce process. Anyone who is considering divorce should keep this in mind and avoid making many plans until it’s completed with the help of legal counsel.
Getting it in Place
A divorce, while not optimal, can still solve many problems that couples have had since marrying. If the parties are simply incompatible, the divorce allows each one to walk away and find a more suitable partner. The divorce process also allows people who married quickly to make the decision to move past it. Divorcing also allows people to ensure that assets are fairly divided up under law. The process can also help each member of the party decide how beset to care for their children after they have moved on from the relationship. Making it all work smoothly is imperative. Burbank divorce lawyers can step in and provide the help that people need in the midst of a difficult time in life. They can be a person’s legal representative and help them move to their next life stage.
Your divorce hearing will be scheduled at the convenience of the court. Sometimes, negotiating your divorce terms can be a complicated process – especially when it comes to luxuries like 3 series bmw leases. When necessary, however, the judge presiding over your case does have the ability to push your hearing date back if either you or your spouse choose to submit a formal request for continuance. Such a motion will only be granted in instances in which the act of moving the court date is not believed to place either party in danger of harm, and when there is no reason to assume that the request has been made to delay the case without good cause. If you think that postponing your divorce hearing is in your best interests, understanding the process of filing a Motion for Continuance is essential.
What A Motion For Continuance Is
In order to have the hearing for your divorce rescheduled, a Motion for Continuance must be filed. This will give you the chance to explain your motivations for pursuing a later court date. The judge in charge of determining whether or not the motion gets granted will be looking for evidence of a solid reason for delaying the proceedings. For instance, your attorney may be scheduled to appear in court for a different case at the same time as your scheduled hearing. Given that the other party in your case will have the ability to file an objection, it is important to have a sound reason for filing. Should the judge decide that your motion is merely a delay tactic or that failing to proceed with the divorce could be detrimental to the case itself, your request for a continuance will likely be denied.
Agreement Between The Parties
Filing a Motion for Continuance is not the only way to have a divorce hearing postponed. You and your spouse may be amicable enough to agree on changing the hearing date jointly. This is known as an agreement between the parties. You can initiate this process by asking your spouse or his or her lawyer whether or not an extension would be acceptable. By establishing an agreement between the parties, you can limit if not eliminate the potential for having your request for continuance be denied by the court. With both parties in agreement, there is little reason for the judge to deny a postponement of your divorce proceedings.
All parties in divorce proceedings should be mindful of the fact that the process for postponing a court date can vary greatly from one location to the next. This makes it important to check the requirements in your area by consulting with a local court clerk. If you’re unable to strike an agreement between the parties, filing a Motion for Continuance is likely your only option and it must be done in accordance with local laws.
How To File A Motion For Continuance
If you are able to establish an agreement between the parties, ask your spouse or his or her attorney to submit a document that shows their willingness to agree to a continuance. This document can be attached to your formal application for continuance. In most states, this statement can be sent to you via email, letter or fax. Completing and filing an application for a Motion of Continuance is essential for formalizing your request and for getting an approval from the judge. This will need to be prepared whether or not an agreement between the parties has been established. As such, an agreement of the parties only serves the purpose of ensuring that your request in’t denied.
The application for a Motion of Continuance will need to include the names of both parties, the case number, court name, and the reason for postponing the court date. Business obligations that take either party out of town, conflicting schedules for attorneys, medical emergencies, and family emergencies are among some of the more commonly accepted reasons for filing a continuance. If there is any evidence that supports your reason for needing a postponement, be sure to attach this to your application as well. Applicants can attach letters from employers and medical records among many other things. Properly notifying the other party of any resulting changes is the final step in these efforts. After you have been given a new court date by the clerk, you will need to provide proper notice to the other party, as per the rules of your state.