Hi, Barrister...thank you for taking my question.
Well, the ultimate goal is to BE married to my fiancee....but we would like to have it performed in her presence before she passes. We have CONSIDERED simply having a commitment ceremony performed in her presence, but it really would not be the same....we would like it to be a legal marriage ceremony.
Also, more information, she lives in southern utah....we live in Los Angeles....don't know if tht makes a difference.
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I am trying to help you understand and resolve your situation but I don't make the laws, so the outcome may not be what you had hoped for.
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question....when I attempted the Bifurcatiuon orginally, getting a date for a hearing on that was the same as getting a date for the final dissolution...so it appeared that we should just go through with entire divorce...the ime fram would seem to be about the same. What a clerk advised me to do was to see a Judge "exParte" and see if he/she would grant a Bifurcation under the circumstances., considering my mothers condition.
However, that would appear to be the incorrect venue to ask for a bifurcation. Would I be correct in assuming (from what i been able to learn from my experience) that I would go to the ExParte Judge to ask for a much closer court date for a bifurcation, rather than ask the exparte judge for the bifurcation itself?
Does that make sense? lol..
Yes, any type of formal motion has to be made in open court with both sides of a case present. So a one on one ex parte communication is prohibited by the rules of civil procedure and no judge would take up the issue. .But if you and spouse present a joint motion for some type of expedited hearing, and set out your reasons for it, you may have a much better chance of success. However, it would essentially be up to the judge as to whether they would "squeeze you in" on a lighter docket day or not. Typically judges are pretty rigid in their lack of accomodation for unrepresented parties and will only bend the rules for someone represented by an attorney who personally knows the judge..It isn't particularly fair, but it is true. I can go in and talk to judges and get them to schedule things and move things around that a non-attorney would never be able to do simply because I know the judges personally and they do so as a professional courtesy..So botXXXXX XXXXXne is that your best bet is to file a joint motion to see if the judge would consider bumping you up on the docket considering the circumstances. Either that or find a family law or divorce attorney who is well known around court and pay him/her to present your motion personally to the judge..
Have to log off for the night..it is 3 a.m. where I am. will check back later this morning...
Please don't forget to rate my service "OK" or higher.It is only then that I receive credit for my work.
I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing.There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.
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