For those of you who have appeared in court recently, you may have experienced numerous delays from the courts. Previously, hearing dates were obtained approximately 4 weeks from the day the request was filed at the courthouse. Now it may take 2 months to obtain a hearing on a child support, custody, visitation or other request. When you finally appear at your court hearing, there are many reasons why your judge may postpone your hearing, such as one party has not completed their documents, or an attorney for the child may be appointed. When a hearing date is continued, it may take anywhere from 2 to 6 months to obtain the continuance date. This can happen many times just to obtain one court ruling.
After months or years of hearing dates for the court to make temporary orders pending trial, eventually the court will schedule a trial date. When a party finally requests a trial date, it will likely take 3 to 12 months (or more) to obtain the first date of the trial, followed by more trial dates spread out over several months. It is not uncommon for a family law case to take between 2 and 5 years in the court system.
Unfortunately, the court process takes longer than ever with the recent budget cuts. As a result of the severe backlog, Los Angeles Superior Court family law’s Presiding Judge Marjorie Steinberg sends out a letter with every petition filed. In her letter, Judge Steinberg informs the parties of the limited court resources and recommends that parties resolve their cases by using the collaborative process. Using the collaborative process keeps parties and their attorneys out of the courtroom which enables their case to be resolved relatively quickly and in a far less costly manner.
Luckily, if you have commenced your case in court, that does not preclude you from later choosing the collaborative process. It’s not too late to contact a collaborative professional and schedule a consultation to see if collaborative law is right for your case.
By Leslie K. Howell, Esq.
Law Offices of Howell & Howell, APC
http://www.howellfamilylaw.com
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