How to File an Extension for a Divorce

By Michael Butler

Courts are generally busy with many cases on their dockets, so they like to keep everything moving according to set timelines. However, courts are often generous in granting extensions for a final divorce hearing in cases where the parties are attempting to settle their differences concerning property or child custody. Courts are even more generous in granting extensions when the parties are attempting to reconcile. If you want to extend the time before your divorce is granted, you can ask the court if it will allow it.

Step 1

Ask your spouse or her attorney if she will agree to the extension. The court is more likely to grant the request if both sides are in agreement.

Step 2

Obtain a form for a motion for continuance. Your state court system or local court may have one available online. You can also get one from an online legal document service.

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Step 3

Complete the form and state your reason for requesting an extension of time before the divorce is granted.

Step 4

File the completed Motion for Continuance with the Clerk of the Court and serve a copy on your spouse or her attorney. The judge in your case will decide whether to grant your request and may hold a hearing. If so, attend the hearing and tell the judge why you want the extension.

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References

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Oregon Divorce Mediation & Arbitration

Oregon courts encourage divorcing spouses to work together and resolve marital issues such as custody and property division on their own. To that end, the court will order couples to attend mediation when custody disagreements arise. If the contested issue involves property, the court will send the couple to arbitration so that the couple can decide the matter in a less formal setting. By utilizing mediation and arbitration when necessary, Oregon spouses often move through the divorce process quickly, and with fewer costs.

Can Children Refuse Visitation?

While the courts will give a child's wishes more consideration as she grows older, someone younger than 18 can't refuse to visit her noncustodial parent. Unless visitation would risk physical or mental harm to the child, the courts won't allow her to refuse visitation without consequences for the custodial parent.

How to File a Continuance Hearing in a Family Law Court

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.

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