What You Must Know when Hiring a Attorney in White Settlement ?
Divorce is not always easy because there are so many legalities involved in the process. Child custody, property settlements and parental responsibilities are some of the legal issues that come into the picture when getting a divorce. It can be mentally and emotionally taxing and the last thing you want to do is struggle with the process. A divorce lawyer comes in handy during this trying phase of your life. The divorce attorney represents and guides you through the process, making it easier for you to handle. But to enjoy a smooth process, you must find yourself a reliable attorney.
1. Talk to friends and relatives
2. Know what your needs are
3. Do your research
4. Create a budget
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The following comprises a California Certified Family Law Specialist's response to a series of questions posed to him about Divorce and Family Law.
QUESTION: What is the statute of limitations for a Code of Civil Procedure Section 664.6 Motion in California? When does the statute of limitations begin? When the agreement was agreed upon, or when the other party did not uphold the agreement?
ANSWER: Code of Civil Procedure Section 664.6 applies only to agreements entered during a "pending action". If there was no pending action at the time the agreement was entered, Section 664.6 is not applicable.
If parties to a pending action stipulate orally on the record in the court in which the action is pending, to settlement or partial settlement of the pending litigation, or if they enter into a written stipulation for settlement or partial settlement of the pending litigation, Section 664.6 allows the Court, on Motion of a party, to enter Judgment pursuant to the terms of the settlement, and if requested by the parties, the Court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.
In the PIETROBAN case, under the particular local court rules which required dismissal within 45 days of settlement, the initial case was dismissed, so the Plaintiff in that case had to file a separate civil lawsuit in an effort to enforce the agreement.
If a Divorce or other Family Law case isn't resolved by the time the Court dismisses the case, the case can't be subsequently revived to allow a Section 664.6 Motion; However, under the philosophy of the PIETROBAN case, it may be possible (but certainly not guaranteed) that a civil action to enforce the oral stipulation, filed within 4 years of the oral stipulation, may work to enforce the oral stipulation if the Divorce or other Family Law case is dismissed.
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There are many possible reasons why the rate of divorce is increasing worldwide. This is despite the fact that divorce is a huge stressor that puts two people (and their children) through a difficult time dividing assets and dividing up families. The truth is that some people realize that divorce is the lesser evil. It's more preferable than staying in a marriage where one or both of the married couple is unhappy.
One reason why in general, marriage divorce rate worldwide is rising (with the US as one of the countries with the highest divorce rate) is that in many parts of the world, divorce laws have become more lenient than before. The divorce rate world just shows how many people think that they will be better off dissolving the marriage than staying in an unhappy marriage. In the US, all states have already adopted a no-fault divorce law. Prior to this, people who wanted to get divorced should have a "good enough" reason for wanting it. Somebody has to be at fault (mentally incapacitated, cheating, lying, beating the other up, etc) for divorces to be accepted in court. With the no-fault divorce law approved in all states, people can get divorced amicably when both of them that the marriage is already irreparable.
The fourth reason is that these days, there are many ways to help a person after divorce. There are support groups specifically for divorce, counseling and therapy and even divorce fairs. Men and women are less afraid of going through a divorce now than they were before.
The fifth reason could be the fact that divorce is portrayed very differently on TV and movies these days. Perception counts for a lot and when people see famous actors and actresses get divorced, it glamorizes the concept a little. At the very least, the common stereotypes about divorce doesn't hold true anymore.