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Divorce court has not sent mail regarding court date - court contempt supposed to be this week - can it be postponed ?

Boston, MA |

Can a failure to send a court date via mail by divorce court (I did nor receive it - nor did my lawyer) be used as a reason to postpone the court date?

Last time my lawyer was in court - the judge was supposed to make a decision and told him we are scheduled for April 16th - I am supposed to appear on child support contempt (which is what we are fighting to change to begin with).

After numerous attempts to reach my lawyer + not receiving anything by mail about the court date - can I demand that the court postpone the court date due to failure of both the court to produce the court date document and my lawyer not getting back to me? (I am seriously considering replacing my lawyer after THREE emails and 4 phone calls were made in the last 10 days trying to get an answer regarding this.

Attorney Answers 4


  1. If you have a lawyer who is familiar with the case, court, and judge, then you should ask your lawyer.

    If you trust a bunch of lawyers on the Internet (who are not familiar with your case, court, or judge) more than you trust your own lawyer, you should consider finding a new one.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.


  2. You can contact the clerk of the court directly to confirm a hearing date. You can adjourn your hearing, on consent of the opposing party. You do not demand a continuance, you request it--it is always at the court's discretion.

    This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney


  3. Speak directly to your attorney about this. They will resolve this, or explain to you in detail why it cannot be resolved.

    I wish you luck.

    Anthony Rao, Esq.

    The above response is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer, and any communication between us is not protected by attorney-client privilege.


  4. There are some concerns here; there first being that you have not been able to communicate to your lawyer about this. Communication between yourself and your lawyer is so crucial at every stage of litigating a divorce, especially a contempt, because a contempt has the potential for civil (monetary) and criminal (jail) remedies. I would suggest contacting the other side to see if they would agree to continue the case and/or go into court and file an assented motion to continue (if the other side agrees) or ask the Judge for a continuance based on what you stated above. Good luck!

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