Can a Person Ask for a Continuance Without a Lawyer During a Divorce Hearing in Virginia Law?

by Wayne Thomas
The decision to grant a continuance is at the discretion of the court.

The decision to grant a continuance is at the discretion of the court.

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Rescheduling a divorce hearing can provide you with more time to prepare your case. In Virginia, a request to reschedule is referred to as a motion for continuance, which may be done in person at the scheduled hearing, regardless of whether or not you are represented by an attorney.

Continuance Requests

In Virginia, continuances may be requested in writing in advance of a divorce hearing or verbally at the hearing. The law requires that you demonstrate "good cause" for why the matter should be rescheduled. An example of good cause might be if your spouse submitted new evidence the evening before the hearing and you have not had a chance to review it or prepare a response. However, the court is keenly aware of how rescheduling can be used as a delay tactic. For that reason, a judge may be inclined to deny multiple continuance requests, particularly if your spouse objects.