Can the Defendant in a Divorce Reschedule the Trial Date in Michigan?

By Wayne Thomas

In Michigan, divorce trials often involve the participation of more than just the spouses. At times, the court must juggle the competing schedules of parties, attorneys and witnesses in order to ensure attendance. However, while judges will generally reschedule a trial for good cause, the court is also mindful of delay tactics. In that light, a judge will consider the reason for the request, as well as the timing and number of requests, in determining whether to alter the trial date.

In Michigan, divorce trials often involve the participation of more than just the spouses. At times, the court must juggle the competing schedules of parties, attorneys and witnesses in order to ensure attendance. However, while judges will generally reschedule a trial for good cause, the court is also mindful of delay tactics. In that light, a judge will consider the reason for the request, as well as the timing and number of requests, in determining whether to alter the trial date.

Initial Scheduling

Mandatory pretrial and settlement conferences are part of the divorce process in Michigan. These conferences are an opportunity for the divorcing couple to attempt to resolve any outstanding issues and avoid a trial. If an agreement cannot be reached before or at these conferences, the judge will issue a domestic scheduling order. This order will include deadlines for discovery, pretrial motions and mediation, and set a date for trial.

Divorce is never easy, but we can help. Learn More

Rescheduling Request

Once the trial date is set, either party may file a written motion for adjournment with the court to request that the trial be rescheduled. The motion must include facts supporting the reason why you cannot comply with the current trial date. You must also indicate whether this is the first request or if any other adjournments have been granted or denied. This is accomplished by titling your motion based on that number, such as "Plaintiff's Request for Third Adjournment."

Timing

In order to have your request approved, you must show good cause for the rescheduling. In evaluating whether this requirement has been met, the judge will closely consider the timing of the motion. For example, while an inability to depose a witness before a trial date due to financial constraints might be good cause, a judge could deny the request if it was inexplicably made on the date of the trial. Further, some judges will not consider any requests filed less than one or two days before the scheduled date, except in cases of emergency. Certain judges may also, as a rule, grant only one request per party. For this reason, it is important to ascertain a particular judge's policy regarding rescheduling requests in advance.

Ruling

After the court receives and considers your motion, the judge will issue an order either rescheduling the trial, usually immediately, or denying the motion. As part of granting or denying the request, the court may impose additional conditions, including payment for costs associated with any delays. If payment is not made according to the order, the judge may withdraw the adjournment and proceed with the trial as originally scheduled.

Divorce is never easy, but we can help. Learn More
How to Get Your Divorce to a Jury Trial in Georgia

References

Related articles

How Long Does a Complicated Divorce Take?

There is no easy way to estimate how long a complicated divorce will take; it varies depending on the unique circumstances of each case. A contested divorce will generally take longer than an uncontested divorce. A divorce with significant assets or substantial debt will take longer than a divorce with limited assets and debts. While it is possible for a very simple divorce to be finalized within a few months, other divorces can span as long as two years or more.

The Time Between the Preliminary Hearing & the Final Hearing for Divorce in South Carolina

The divorce process in South Carolina can range anywhere from six to 18 months, from start to finish. No two cases are alike; therefore, the time frame of your case will depend on your particular set of circumstances. If your case is uncontested and you and your spouse have signed an agreement, your divorce will move through the divorce process much faster than a contested case.

What Does Notice Mean in Divorce Proceedings?

Spouses have a right to participate in the divorce process. An important part of exercising this right is being made aware that a divorce has been filed and the nature of any other legal action taken as the case progresses. However, the exact form the notice must take and paperwork involved is governed by state law, which can vary between jurisdictions.

Get Divorced Online

Related articles

How to Postpone a Divorce Court Day

Divorce hearings are scheduled at the court's convenience. However, judges have the discretion to push back a hearing ...

Divorce Procedures & Documents

Divorce law varies by state, but the general procedures are similar throughout the country. Should you decide to ...

Can My Ex Delay Our Custody Hearing?

If you have a custody hearing scheduled before a court, the hearing will normally take place at the scheduled date and ...

Contested Divorces in California

While some couples agree on financial and child custody issues in divorce cases, other do not. Sometimes only one issue ...

Browse by category