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 File an Extension for a Divorce


Related articles

How to File for Child Custody in South Carolina

A South Carolina parent can file for child custody as part of a divorce proceeding or, if unmarried, as part of a paternity proceeding. The custody portion of either proceeding is very similar, requiring a petition requesting custody and providing reasons the request should be granted. If the other parent disagrees with your petition, the South Carolina family court orders both parents to try to reach an agreement as to custody, visitation and support. Failure to agree results in the court deciding custody after taking testimony and evidence from both parents at trial.

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.

How to Make a Legal Name Change in West Virginia

There are a number of reasons people change their names, and West Virginia law allows people to change their names by formally petitioning the court and advertising the name change. In some cases, such as marriage, adoption or divorce, you may be able to avoid advertising the name change. If you're unsure of how to proceed with your name change, an online document review service can complete the forms for you, and an attorney can help you if anyone objects to your name change.

Get Divorced Online

Related articles

Can You Put a Divorce on Hold in California?

A divorce case is similar to any other civil proceeding in the state of California, and spouses can put the proceedings ...

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 ...

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

Rescheduling a divorce hearing can provide you with more time to prepare your case. In Virginia, a request to ...

The Procedure for Court Postponement of a Divorce Hearing

Any court proceeding, including a divorce, has a schedule that the judge has set. Many courts issue scheduling orders ...

Browse by category
Ready to Begin? GET STARTED