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Im going through a divorce and i just got a paper that the…

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Im going through a...

Im going through a divorce and i just got a paper that the case is entitled to preference under code section C.R.C.rule 3.735 and that equitable relief is being sought and that the other party is claiming an exemption from mandatory arbitration under C.R.C.rule 3.811 family law act proceeding and i dont know what any of this means

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

Yes i filed they responded now im waiting for my first hearing

Lawyer's Assistant: Family law varies by state. What state are you in?

California

Submitted: 2 months ago.Category: Family Law
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Answered in 1 hour by:
5/25/2018
Family Lawyer: Sean K, Family Law Attorney replied 2 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 956
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Essentially the position the opposing party is taking in this matter with the paper that has been filed is this.

C.R.C. 3.735 - link here addresses if a case is a short or long cause case. A short cause case is a case that will, in the estimation of all parties, take less than 5 hours of the Courts time for trial. If it is not a short cause case, then it is essentially saying the case will take longer than 5 hours.

In family law cases, it is common for the Court to grant equitable relief - meaning that when it comes to dividing property or addressing the resolution of certain issues the court can do it equitably or fairly which is generally one of two things. Either 50/50 or, based on some other principle saying that it would be more fair for a party to have more than 50% of an asset. I would give more detail, but without more information, it is not possible for me to speculate otherwise.

Finally, some cases have to first go to arbitration prior to trial. In arbitration, a non-judicial/quasi-judicial officer/individual would hear the case and render a decision. In this matter, the opposing party wants the Court to order that arbitration need not be done and that the case be set for trial.

From my interpretation of this, it looks like the opposing party is trying to get a trial scheduled as soon as possible by letting the court know that a shorter time is needed and asking to forego arbitration. (It is easier and faster to get court time if less time is needed.)

Please let me know if you have any further questions or if there are more questions based on what I have provided.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Category: Family Law
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