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Limitations on number of trial date changes in a divorce trial?

Endicott, NY |

Long story short, my girlfriend filed for divorce in Oct 2012, her original trial date was Jan 2014. This was pushed back to March by her Ex, then to April by his lawyer, May by "the court" according to her lawyer and the lawyer's aide says it has been pushed back again to June. Is there a limit to this? If not, is there anything we can get filed to just get the divorce done now since the Judge already let the lawyers know he was transferring the kids back to her during the lawyers conference (custody is the only issue and we've agreed to some standard visitation terms). We're down to the wire on money, we can't keep jerking our witnesses around and her lawyer, though helpful, doesn't have a great record for getting back to us on time.

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Best Answer

Trial dates are being set (and rescheduled) pursuant to the discretion of the judge. a party who insists to expedite a case should direct his or her lawyer not to consent to the adversary's request for adjournment absent real emergencies. No one can give you more definitive and accurate advice than your lawyer, who should have his hand on the pulse and knows all the players.

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Divorce cases are assigned "tracks" by the court. If you've had a preliminary conference you should have a trial date - which is, absent unforeseen delays, the date by which the case should be resolved.

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Thank you for the response. Unfortunately, the delays are the issue at hand: We had a trial date, originally for January. We're literally getting rescheduling notices every few weeks to say it's been pushed out yet another month. The first two times had reasons, the second two had no reasons attached.


This is all discretionary with the judge.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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