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Divorce Case - I can't make to the settlement conference

Chesterfield, MO |

My divorce case is pending. I am the petitioner acting pro se and my spouse hired an attorney. I received a letter says that based on my spouse’s attorney's request, the court has scheduled a settlement conference in late February. I have a very important business trip overseas at the same time. Shall I call the court and request a reschedule? What are the chances they will reschedule? Any potential objections from my spouse’s attorney? Thank you very much for your help.

Attorney Answers 2

  1. In most instances you are allowed one or two continuances for good reason, many times you have to file a motion with the court, however calling is a fine idea to start the process, you should be ok. However, if your motion is denied you should seriously consider hiring a local attny by a new attny filing his or her appearance the court will most likely grant the continuance for that reason. It is also a very good idea to have an attny, take care and hope things work out.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

  2. In St. Louis county, the parties are usually required to attend settlement conferences. This is always true if the party is acting pro se. You should call the opposing attorney and ask if they will consent to a continuance. You could also call the court clerk of the judge that your case was assigned to and ask for the next available date that you could have the settlement conference, and file a motion for continuance with the court, stating your reasons. If the court denies your continuance, you should hire an attorney to handle your case. There can be serious consequences for not attending a scheduled court hearing.

    The choice of a lawyer is an important decision and should not be based solely upon advertisements. Any answers to questions are intended to provide general guidance and do not create an attorney-client relationship, and are not intended to provide specific legal advice. You should consult an attorney before relying upon any answers provided.

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