How to File a Continuance Hearing in a Family Law Court

By Shannon Johnson

Life can happen at really inconvenient times. If one of those times happens to be when you have a scheduled family law court date, you will need to ask the court for a continuance, or postponement, of the hearing . The process varies by state, so check the specifics with your local court clerk. Two ways to get a continuance are by filing a motion or by agreement between the parties.

Getting a Continuance

Step 1

Ask your spouse or his attorney to agree to a continuance. If you do reach an agreement, ask for a document (fax, letter or email) showing that the other party agrees to the continuance. You can either take the letter to the judge’s clerk or file for a continuance and attach the document as an exhibit, depending on the rules in your state.

Step 2

Prepare a motion for continuance or write a letter asking the court for a continuance. Some courts have a pre-printed form. If you are writing a letter or motion, include your name, other side’s name, court’s name, case number, and reason you need the continuance. Include a good reason for your request, such as a medical or family emergency or an out-of-town business obligation.

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

Step 3

File the motion or letter for continuance. You should attach evidence of your need for a continuance. This might include medical records, printout from the clerk showing faulty notice, or a letter from your employer. If the other side objects to your request, your reason and the supporting evidence will be crucial to your success in gaining the continuance.

Step 4

Request a hearing on your request for a continuance if a hearing is required. (The judge may grant your request without a hearing.) Once the clerk of court gives you a date, you are required to provide the other side with notice according to the rules of your state.

Divorce is never easy, but we can help. Learn More
How to Change Your Name in Idaho


Related articles

How to Change a Legal Name in Kansas

You can get a new name in Kansas legally by petitioning the district court in your county. You must be a resident of Kansas for at least sixty days before you're allowed to file a name change petition in the state. Kansas state law allows each district court to decide what hearing notice method is used for name change cases, so depending on where you live, you may have to send notice of the name change hearing by mail or publish a legal notice in a Kansas newspaper.

Information on How to Fill Out Divorce Papers in Kansas

A Kansas court can grant a divorce as soon as 60 days after you file your petition. The court’s divorce decree establishes child custody issues, property division and other terms. There are several steps you must take before the court can issue such a decree, including serving notice on your spouse and taking parenting classes in some cases.

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 time. The only person who can delay the hearing is a judge. If your ex wants to delay the hearing, he will be able to only if the judge agrees the delay is appropriate.

Get Divorced Online

Related articles

How to Legally Change a Child's Last Name

Unless you wish to change the last name of a child you are adopting, you will need a court order to change either the ...

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 ...

How to Change a Baby's Last Name Legally

Changing your baby's name is typically a simple process if both parents agree to the new name. Exact state requirements ...

Rules to Show Cause for Divorce

A Rule to Show Cause is a court order. It is used to schedule a hearing so that a dispute can be heard by the court. ...

Browse by category
Ready to Begin? GET STARTED