When to request a Continuance of a Request for Order

October 17, 2024


In family law, timing can be everything—especially when it comes to responding to a Request for Order. Unfortunately, the responding party often receives little more than the bare minimum notice, leaving attorneys scrambling to prepare for hearings. Under California’s Code of Civil Procedure section 1005, the typical notice period is a mere 16 court days, and when an order to shorten time is granted, it can be even less. This rushed timeline can lead to complex situations, especially if the responding party retains an attorney only after being served.


If you're in this position, seeking a continuance is often necessary to ensure you have adequate time to prepare. But timing is key—request a continuance as early as possible to avoid being at a disadvantage. According to local court rules, requesting a continuance during the hearing is generally frowned upon. For instance, in Santa Barbara County, it’s advised to make your request ahead of time to enhance your chances of success.

When seeking a continuance, here are the steps to follow:


  1. Engage the Opposing Attorney: Start by approaching the opposing counsel to request a stipulation for the continuance. Following local court rules increases your likelihood of getting the first continuance approved without hassle.
  2. Be Prepared for Conditions: The opposing attorney may require that any orders granted by the court remain in effect until the new hearing date. Be ready to discuss this condition.
  3. File the Request: If you obtain the stipulation, file the Request to Reschedule Hearing (Judicial Council Form FL-306) promptly. Make sure to provide solid justification in the REASON FOR RESCHEDULING section, including the agreement of both parties and any necessary details.
  4. If No Stipulation is Granted: If the opposing attorney declines to agree to a continuance, you’ll need to file Form FL-306 with the court without delay.


Keep in mind that continuances are not granted lightly; the court requires a strong showing of good cause. As established in Marriage of Hoffmeister (1984), there's no inherent favor towards those requesting continuances. Always be prepared to proceed with your case, even if your request for a continuance is denied.


At M.C. Law, P.C., we understand that family law matters can be complex and time-sensitive. Our dedicated team is here to help you navigate the intricacies of your case, ensuring that your rights and interests are safeguarded.

January 9, 2025
Discussing finances and future planning can be uncomfortable when it comes to marriage. Yet, as many couples discover, clear communication and thorough preparation can lay the foundation for long-lasting harmony. Prenuptial agreements—also known as “prenups”—are increasingly common tools for couples who want to clarify their rights and responsibilities before walking down the aisle. Unfortunately, misinformation often leads to misunderstandings and unnecessary anxiety. At M.C. Law, P.C., in Los Angeles, we believe in empowering clients with knowledge. Today, we’re tackling four common myths about prenuptial agreements to help you separate fact from fiction. Myth: Prenups Mean You Don’t Trust Your Partner One of the most pervasive myths is that a prenuptial agreement signals distrust or doubt. In reality, many couples who choose to draft a prenup have complete confidence in their relationship. They view the agreement as an opportunity to have honest, forward-looking conversations about finances, property rights, and future goals. Rather than indicating a lack of trust, a well-constructed prenup can foster greater understanding, open communication, and mutual respect for each other’s financial interests. Myth: Prenups Are Only for the Wealthy It’s easy to assume that prenuptial agreements are only necessary for wealthy individuals or those who own multiple properties and substantial business interests. However, couples of all income levels can benefit from clearly defining their financial landscape. Whether you’re worried about protecting a family heirloom, outlining rules for handling debt, or ensuring both parties agree on how to manage future assets, a prenup can provide peace of mind. In California, these agreements help protect both parties, regardless of the size of their bank accounts. Myth: Prenups Are “Set It and Forget It” Documents Some couples believe that once they’ve signed a prenup, it becomes an unchangeable document destined to gather dust. On the contrary, a prenuptial agreement can be revisited and amended, provided both parties agree. Life events—such as career changes, the birth of a child, or the acquisition of new assets—may warrant adjustments that keep the agreement fair and relevant. With proper legal guidance, you can ensure that your prenup evolves with your relationship, reflecting each spouse’s evolving needs and priorities. Myth: Prenups Lead to Unfair Outcomes While it’s possible to have a poorly drafted agreement that favors one partner, an ethically created prenup aims for fairness. Both parties should be represented by their own legal counsel to ensure that terms are equitable, transparent, and fully understood. California courts will not enforce agreements deemed unconscionable or signed under duress. By approaching the drafting process openly and honestly—and with the help of skilled attorneys—couples can create a prenup that protects both sides and strengthens their trust in each other’s integrity. Prenuptial agreements don’t have to carry a stigma. Rather than casting doubt on a relationship, they can serve as valuable roadmaps that guide a couple’s financial life through all of marriage’s twists and turns. At M.C. Law, P.C. in Los Angeles, we help clients navigate California’s legal landscape to create prenuptial agreements that are well-informed, fair, and adaptable. By debunking the myths and separating fact from fiction, you and your partner can enter marriage with a deeper understanding, a clearer vision, and a more confident commitment to each other’s futures.
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