what happens when your wife lawyer files a continuance

by Isom Donnelly 3 min read

A continuance gives you and your divorce attorney more time to prepare for your hearing.

For example, a continuance gives you and your divorce attorney more time to prepare for your court hearing. You may use the time to do additional discovery such as depositions. Finally, you can use the additional time to negotiate and try to resolve some of the outstanding issues or even your entire case.Jul 15, 2021

Full Answer

Why does my spouse want to file a continuance?

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord. Reasons for a Continuance Lawyers typically seek continuances because they want more time to prepare for trial.

When to file a continuance with a divorce court?

May 31, 2014 · So your attorney could show up and charge you money to object to the continuance, which would have been granted anyway and you would need to pay your attorney for his time for this, and be unhappy when his refusal to continue the matter was not granted. You can fire your attorney. You can hire another attorney or you can represent yourself.

Can a lawyer get a continuance to prepare a case?

Feb 03, 2014 · Website (214) 225-2998 Message Posted on Feb 3, 2014 A motion for continuance is a request to the court that the court reschedule whatever hearing is the subject of the motion. So if your spouse has filed a motion for continuance regarding your final trial date, then, yes, if the court grants that motion it will affect when your trial goes forward.

Will a motion for continuance affect my trial date?

Nov 23, 2021 · 2. Asking for a continuance. Your spouse may tell the judge that he or she did not have enough time to prepare for a hearing and request a new date. While you need a good reason to file a continuance, your spouse may simply be able to say that he or she has not gotten legal advice yet. 3. Going back on their word.

Is a continuance a good thing?

If the prosecution makes meaningful changes to the facts contained in the indictment, the defense may be justified in seeking a continuance so that they can prepare for the changed facts. If the change is relatively minor and not relevant to the merits of the case, however, a continuance probably is not warranted.Oct 18, 2021

What is a good reason to ask for a continuance?

The incapacity of the defendant, counsel, or the court. The defendant's or counsel's illness is good cause for a continuance, though the court may demand proof (including medical testimony).Jun 18, 2021

What is a continuance in legal terms?

The suspension or postponement of a trial or court proceeding. Continuance is made on a case-by-case basis at the court's discretion. Courts balance giving the moving party enough time; the need to make the trial timely and speedy; and the interests of justice. courts. criminal law.

What is exculpatory evidence?

In criminal law, exculpatory evidence is some fact, testimony or document that, if used at a criminal trial, might help prove that the accused was not guilty of the charges.Sep 14, 2021

Why do attorneys reset court dates?

Resets happen for any number of reasons—courts face an overload of cases to manage, attorneys require additional time to prepare, or witnesses' availability changes. However, some reasons run deeper than mere logistical management and point to a pattern of coercing guilty pleas.Aug 12, 2020

What is the difference between continuation and continuance?

As nouns the difference between continuance and continuation is that continuance is (uncountable) the action of continuing while continuation is the act or state of continuing; the state of being continued; uninterrupted extension or succession; prolongation; propagation.

What is the difference between adjournment and continuance?

(US) the postponement or adjournment of a legal proceeding. CONTINUANCE, practice. The adjournment of a cause from one day to another is called a continuance, an entry of which is made upon the record.

What is enlargement in law?

TO ENLARGE. To extend; as, to enlarge a rule to plead, is to extend the time during which a defendant may plead. To enlarge, means also to set at liberty; as, the prisoner was enlarged on giving bail. A Law Dictionary, Adapted to the Constitution and Laws of the United States.

Why do attorneys request continuances?

Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys. Time for the defense.

What is a continuance in a trial?

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

Why is a continuance warranted?

However, a continuance due to a change in a charging document is warranted only if the change (known as "variance") compromises the defendant's case.

What is new evidence?

the new evidence is reasonably related to evidence the defendant already knows about. the defendant has enough time without the continuance to prepare for the new evidence. the defendant wasn't diligent in anticipating the evidence (for example, defense counsel failed to read forensic reports turned over by the prosecution ...

What is the most important consideration for a judge?

Perhaps the most important consideration for a judge is whether the party requesting the continuance has been diligent —in other words, whether the party put in sufficient effort. Parties must be active in reviewing evidence, interviewing witnesses, issuing subpoenas, and testing forensic evidence.

What is a reasonable time to prepare for trial?

Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: review the evidence.

How to prepare for trial?

Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: 1 review the evidence 2 investigate the facts 3 consult with witnesses 4 negotiate a plea agreement (if one is possible), and, 5 in the case of the defense, hold lawyer-client meetings.

What would happen if my attorney refused to agree to a continuance?

If your attorney had refused to agree to the continuance because you did not agree, your attorney would look bad to the court and to opposing counsel. It is entirely possible that there was a perfectly good reason why the other attorney needed the matter set over. So your attorney could show up and charge you money to object to the continuance, which would have been granted anyway and you would need to...

What is a continuance request?

A continuance request is such a situation.

Can I fire my attorney?

You can fire your attorney. However, doing so may just be a waste of your money since you would need to hire another attorney who will charge you money to review your case to catch up.#N#The court can grant a continuance whether you or your attorney agree to the...

3 attorney answers

When I file a Motion for Continuance, I review the Court's local rules to see whether they have any special rules regarding them, their content or timing. I support my Motion for Continuance with as detailed an Affidavit as I can. Your Affidavit should focus on your diligence in trying to obtain counsel--if that is your reason for the continuance.

Dorothea Elaine Laster

A motion for continuance is a request to the court that the court reschedule whatever hearing is the subject of the motion. So if your spouse has filed a motion for continuance regarding your final trial date, then, yes, if the court grants that motion it will affect when your trial goes forward.

Christopher Alan Meuse

Yes, if granted, the continuance would move ("continue") the trial date to a new day. If there are continuances being filed, this is not a simple divorce. You do yourself a tremendous disservice by trying to do it pro se. Please hire an attorney to advise and represent you...

What happens when you delay a divorce?

If a spouse wishes to delay the divorce, he or she may suddenly go against a verbal agreement, causing new issues to arise. 4.

What happens if my spouse is at default hearing?

Further, if your spouse appears at the default hearing, the judge may give him/her time to file the responsive pleadings and may decline to rule on the divorce at the time.

How to contact a divorce attorney?

If you'd like to talk about how to navigate the divorce process, or to learn more about different tacitcs to makes the most of your challenges schedule a consultation or please call us today at 425-460-0550.

What are the things that can be done during a divorce?

1. Abusing the discovery process. It is normal for both sides to ask for evidence during the divorce process, but some spouses may drag out your divorce by filing excessive requests and motions. Suddenly, you are asked to produce huge amounts of information, bringing the process to a crawl. 2.

How long do you have to wait to get divorced?

After the judge signs your order, you must wait a total of 90 days from the date you filed the petition or from the date you served the petition before a judge is able to sign your divorce papers. And even then, your divorce may drag beyond the 90 days.

Is divorce possible?

But in other cases, one of the spouses is unwilling to accept the end of the marriage. It doesn't mean that a divorce isn't possible, but it does complicate things and can draw out the process longer.

Is divorce an emotional time?

Divorce is an emotional time. Sometimes people just need time to process it. If you are getting divorced – whether your spouse is willing or not – get legal representation. It's important to have a lawyer who can help you negotiate with your spouse and manage the legal process for you.

Why do defendants ask for continuances?

Typical Reasons Why Defendants Ask for Continuances. Judges are often asked to continue a hearing or a trial for these reasons: At the arraignment, to secure counsel. An arrestee’s first court appearance is often the arraignment, when the judge reads the charges and asks for a plea.

What happens when a defense asks for a continuance?

When that happens, the defense may ask for a continuance to locate that witness. Again, however, the defense will have to convince the court that the witness’s testimony is important and will have to show that the defense used due diligence in trying to secure the witness’s appearance in the first place.

What questions should I ask my attorney?

Questions for Your Attorney 1 I’ve waived time and need more time to prepare my case. What do I have to tell the judge to get the trial date pushed back? 2 If the prosecutor asks for a continuance and gets it, can I challenge the delay by filing a writ in the appellate court? 3 I’d like to hire new counsel because I think the one I have is not doing a good job. What do I have to tell the judge to get time for finding a new lawyer?

What happens if a defendant needs another lawyer?

If the defendant needs to find another lawyer, a court could also give the defendant a reasonable amount of time to secure a new attorney. To deal with adverse pretrial publicity. Occasionally, defendants will ask for a continuance on the grounds of prejudicial publicity.

What is the right to prepare for trial?

To prepare for trial. States typically provide defendants with a minimum amount of time between entering the plea and going to trial. But a defendant has a right to adequately prepare defense (which includes the right of counsel to prepare).

What are speedy trials?

Speedy Trial Rights and Requirements. For the reasons above, speedy trials are required by statute in most states, which set “speedy trial” windows. Defendants can give up these speedy trial protections by “waiving time,” but even when they do, continuances are explicitly disfavored. In spite of this general approach, ...

What is the first appearance of a defendant?

In spite of this general approach, both the defense and the prosecution in a criminal case (and the court, on its own motion) may ask for and obtain a continuance, beginning with the defendant’s first appearance, which is typically the arraignment (where the defendant is appraised of the charges and asked how he wishes to plead).

How to force spouse to turn over financial information?

Family law courts have multiple tools they can use to force spouses to turn over financial information. First, you can file a “Motion to Compel,” which is a request to have the court order your spouse to turn over documents.

What to do if your spouse won't provide financial information?

If you're going through a divorce, one of the first things an attorney will tell you is to gather your financial information, including bank account statements, credit card statements, title documents, and mortgage documents.

What is an attorney's fee award?

an attorney's fee award— where your spouse pays for the attorney’s fees you incurred in bringing the motion. evidentiary sanctions—where the court prevents your spouse from introducing certain evidence at trial, and. jail time—ordering that your spouse spend a certain amount of time in jail.

What is a request for production of documents?

Whether you live in a mandatory disclosure state or not, you can send your spouse a formal request for information, typically called a “Request for Production of Documents.”. You can also send questions for your spouse to answer under oath, called “Interrogatories.”.

What is a financial affidavit for spouse in Georgia?

For example, in Georgia, spouses must provide each other a "Domestic Relations Financial Affidavit" that includes each spouse’s assets and debts, income information, and a detailed monthly budget, which identifies all normal expenses for both parents and children.

What is the term for requesting financial information during a divorce?

In some states, divorcing spouses must provide each other certain financial information at the beginning of the case, sometimes termed “mandatory discovery" or "preliminary financial disclosures.

Do you have to give your spouse a W-2?

In some jurisdictions, spouses must also provide each other with certain documents at the beginning of the divorce. Typically, spouses give each other the last few years of tax returns and bank statements , W-2’s, and recent financial account statements, such as brokerage and retirement account statements.