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How many continuances can I get in family court. My finanscial case & divors case were separated. My x keeps postponing!

Los Angeles, CA |
Filed under: Divorce

I had my divorse and my financial cases separated so they r independent of each other. My divorce trial was originally set for Dec 17th. My ex cried (!!) and begged to save a family. We have not been living together for 4 years now, there is no "family". The judge still gave her 3 month and moved trial to March 18th-today. On last Sunday she had a car accident. Now they moved the trial to July!! How much longer can she keep postponing the divorce? She is doing it purposly. Is there a limit to how many times she can do it? What can I do to make the divorce happen?? HELP

Attorney Answers 1


It is within the judge's discretion on whether to grant a continuance. Generally, judges do not like to grant them because they are interested in moving cases to conclusions to get them off their dockets. Now, if there is a good reason for a continuance like a medical reason due to a car accident, you can politely ask the court for some type of confirmation that the medical reason truly exists. The continuance might still be granted, but at least, you're not letting the other side walk over you. At the next continuance hearing, perhaps you should assert that you are incurring attorney's fees (or using vacation time) for someone to appear at these continuance hearings. Perhaps, you can emphasize that you followed all of the rules and are ready for trial. Best of luck.

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