Last Updated on: 28th July 2023, 07:15 pm

Your divorce hearing will be scheduled at the convenience of the court. When necessary, however, the judge presiding over your case does have the ability to push your hearing date back if either you or your spouse choose to submit a formal request for continuance. Such a motion will only be granted in instances in which the act of moving the court date is not believed to place either party in danger of harm, and when there is no reason to assume that the request has been made to delay the case without good cause. If you think that postponing your divorce hearing is in your best interests, understanding the process of filing a Motion for Continuance is essential.

What A Motion For Continuance Is

In order to have the hearing for your divorce rescheduled, a Motion for Continuance must be filed. This will give you the chance to explain your motivations for pursuing a later court date. The judge in charge of determining whether or not the motion gets granted will be looking for evidence of a solid reason for delaying the proceedings. For instance, your attorney may be scheduled to appear in court for a different case at the same time as your scheduled hearing. Given that the other party in your case will have the ability to file an objection, it is important to have a sound reason for filing. Should the judge decide that your motion is merely a delay tactic or that failing to proceed with the divorce could be detrimental to the case itself, your request for a continuance will likely be denied.

Agreement Between The Parties

Filing a Motion for Continuance is not the only way to have a divorce hearing postponed. You and your spouse may be amicable enough to agree on changing the hearing date jointly. This is known as an agreement between the parties. You can initiate this process by asking your spouse or his or her lawyer whether or not an extension would be acceptable. By establishing an agreement between the parties, you can limit if not eliminate the potential for having your request for continuance be denied by the court. With both parties in agreement, there is little reason for the judge to deny a postponement of your divorce proceedings.

Area-Specific Requirements

All parties in divorce proceedings should be mindful of the fact that the process for postponing a court date can vary greatly from one location to the next. This makes it important to check the requirements in your area by consulting with a local court clerk. If you’re unable to strike an agreement between the parties, filing a Motion for Continuance is likely your only option and it must be done in accordance with local laws.

How To File A Motion For Continuance

If you are able to establish an agreement between the parties, ask your spouse or his or her attorney to submit a document that shows their willingness to agree to a continuance. This document can be attached to your formal application for continuance. In most states, this statement can be sent to you via email, letter or fax. Completing and filing an application for a Motion of Continuance is essential for formalizing your request and for getting an approval from the judge. This will need to be prepared whether or not an agreement between the parties has been established. As such, an agreement of the parties only serves the purpose of ensuring that your request in’t denied.

The application for a Motion of Continuance will need to include the names of both parties, the case number, court name, and the reason for postponing the court date. Business obligations that take either party out of town, conflicting schedules for attorneys, medical emergencies, and family emergencies are among some of the more commonly accepted reasons for filing a continuance. If there is any evidence that supports your reason for needing a postponement, be sure to attach this to your application as well. Applicants can attach letters from employers and medical records among many other things. Properly notifying the other party of any resulting changes is the final step in these efforts. After you have been given a new court date by the clerk, you will need to provide proper notice to the other party, as per the rules of your state.