Do I need to reply to a continuance if I do not want to change the hearing date?

Asked over 1 year ago - New Haven, CT

I received an email from my soon to be ex husband requesting a continuance bc he got a new job n cannot make the original date for the dissolution. I do not want to change the date. I want this over n done with n it causes me a lot of anxiety.

Attorney answers (4)

  1. Anneshia Miller Grant

    Pro

    Contributor Level 18

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    Answered . You need to consult with an attorney on what you should or should not do. Only after a careful review of your facts and circumstances would any advice be relevant and helpful.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  2. Robert M Lorey

    Contributor Level 12

    5

    Lawyers agree

    Answered . If you object to any request or motion, you should at least write a letter to the Court letting the Judge know that you object. I assume that neither of you are using an attorney for this process, since you and your soon-to-be ex are communicating with each other directly. If you do have an attorney, you should let your attorney know about the email and about your objection to the request for a continuance.

    If you do not have an attorney you should at least send a formal letter to the Court setting out your objection. Since you are acting pro se there may be some slack extended to you with respect to the procedures of filing a formal Objection to a motion. A formal, factual and accurate letter to the Court should at least document the file with your objection to the requested continuance. Ideally, the Court would deny the request, or at least schedule a hearing on the request.

    You should really consider hiring an attorney to at least review the property settlement agreement and the divorce decree, if not actually represent you through the process. Many attorneys will offer free or low-cost initial consultations. Even an initial consultation might give you a chance to avoid some of the pitfalls and traps of a pro se divorce. You might think that you cannot "afford" an attorney, but for this kind of major life change -- enforced by the Court and the power of contempt of Court -- you really cannot afford to go without an attorney.

    www.integrityoregon.com

    Good luck!

  3. Alan James Brinkmeier

    Contributor Level 20

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    Answered . You may object sure

  4. Brian S Karpe

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Yes, if your husband filed for a continuance in court, you need to file an objection in the court so the judge will consider your objection. If your husband did not file anything with the court, there is nothing in the court records to grant or deny.

    As counsel have indicated, if you are unrepresented, a manuscripted objection is probably sufficient. Check with the court clerk, he/she will be able to lend some guidance without providing legal advice. You will have to mail or otherwise provide a copy of the objection to your husband or his attorney (if he is represented).

    Be aware that if your soon-to-be ex has a good reason (for instance the new job), then a continuance is likely. The court (and probably you) does not want him to lose the job.

    Brian S. Karpe, Esq. (860) 242-2221 Note: This response DOES NOT constitute legal advice and therefore no... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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