She keeps filing for a continuance so she can use my benefits (per her own statement), how is she getting to do this.
Family Law Attorney
I assume you are referring to medical benefits, but if not, please provide additional information. Has the judge issued a temporary order that requires you to continue paying for her medical benefits? If not, you are not required to continue doing so. You will need to check your policy though because some policies require proof of a divorce decree to cancel immediately. However, many policies have an open enrollment period where you can change your benefits. That would be a practical way to stop her from manipulating the system. With the poor economy and budget cuts in the court systems, the judges cannot handle their case loads so continuances are probably being granted more often when requested. There are ways to push it, but you really need to have an attorney who can help you navigate the process. This answer is given for informational purposes only and cannot be construed to create an attorney/client relationship.
Divorce / Separation Lawyer
First and foremost, please do not cancel your wife's health benefits during the pendency of this divorce. Experience has taught me that many judges disapprove of such an action and tend to think that such an action is vengeful. I do not know why your wife's requests for continuances are getting granted as I would need some more information from you such as, does your wife have an attorney and is her attorney getting continuances because of conflicts with the attorney's other cases, or ... An attorney representing you would be able to get this divorce specially set on a calendar for a final hearing, no excuses. I recommend that you speak to a divorce attorney about this conundrum of "hurry up and wait" with the court dates. My law firm, Smith Bivek Law Group, practices divorce law and we also provide a free legal consultation. Thank-you, Melanie Brubaker