Divorce hearings are scheduled at the court's convenience. However, judges have the discretion to push back a hearing date if you or your spouse request a different date.The court knows, however, that one or both spouses may use rescheduling as a tactic to delay a case unnecessarily. Knowing how to ask for a different trial date and when the court may deny a request will help you make sure that you get suitable trial date for your divorce.
Motion for Continuance
To request the court to reschedule your divorce hearing, you must file what is called a "Motion for Continuance.' In the motion, you must tell the court the reason why the court should change the current date. An example might be if your attorney is in court with another case on that date and at that time. The other side can object to your request. If the court determines that the continuance would cause harm to the case or the continuance is only a delaying tactic, the court may deny the request. For example, in a custody determination, if you and your spouse disagree on which school your child should attend -- and the school year is about to start -- the court could deny the continuance because a delay could harm the child.