How to Postpone a Divorce Court Day

By Wayne Thomas

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.

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

References

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Kentucky Child Vistitation Laws

Although divorced parents in Kentucky often share legal custody of their children, they don't typically share physical custody. For the parent without physical custody, a visitation schedule protects that parent's right to spend time with the child. Parents should know the Kentucky laws regarding custody rights and related legal issues, such as child support or grandparent visitation.

How to Get Copies of a Divorce Decree in Texas

If you need a copy of a Texas divorce decree, you must request it from the district clerk at the courthouse where the divorce was granted. Typically, you may either make your request in person, by mail or by email. Expect to be asked to complete a form that asks for the date of the divorce, names of both parties and the case number if you know it.

Can the Defendant in a Divorce Reschedule the Trial Date in Michigan?

In Michigan, divorce trials often involve the participation of more than just the spouses. At times, the court must juggle the competing schedules of parties, attorneys and witnesses in order to ensure attendance. However, while judges will generally reschedule a trial for good cause, the court is also mindful of delay tactics. In that light, a judge will consider the reason for the request, as well as the timing and number of requests, in determining whether to alter the trial date.

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