Seeking Continuance for Divorce CasesPutnam Law Office
During the tedious divorce process of keeping up with legal documents and filing other documents to court by certain dates, many people with hectic schedules may find themselves falling behind. An emergency can come up that can prevent someone from meeting certain deadlines or from appearing on a certain date for the divorce trial. There are several other factors like these that can warrant a request for a continuance, but obtaining a continuance takes certain steps by itself. Talk to an Oklahoma Family Lawyer if you have questions about this process.
Basics of Continuance
A continuance is a request by you or your spouse that reschedules the court hearing to another date. Continuances are common in situations when you do not have sufficient evidence to present to the court, you have not had enough time to consult with a lawyer, or you do not have all the legal documents ready for a hearing.
Some people may also want to request a continuance if their first language is not English and they are still looking for a translator. Not having a translator can make the court process complicated. If you have been diagnosed with a disability or mental disorder that limits your ability to have everything ready for the hearing by the originally scheduled date, you should talk to a lawyer about requesting a continuance.
Many of the most common reasons people request a continuance are that they have not filed a written response to the court in time and not being served enough before the hearing date. A lawyer can help you figure out how many days you should be served before attending a hearing.
How to Request a Continuance
Requesting a continuance can be simple or complex depending on your reason for doing so. This request can be done in written word or orally and in some cases, oral continuances can be made at the begging of a court session. Working with a lawyer on your continuance statement can help increase your chances of approval of your continuance by the court.
The judge will decide whether your continuance is justified and not done with bad faith. However, if your spouse or spouse’s lawyer can make a valid argument that your continuance would significantly harm their case, then your continuance may be rejected. Various factors go into deciding whether to accept your request for a continuance, but this is a major factor.
To help your case, make sure your argument for why you need a continuance cannot be counter-argued. For example, if recent injuries and hospitalizations have delayed your ability to prepare for the hearing, make sure you have copies of your medical records to prove this.
Divorce Attorney in Oklahoma
Figuring out how to make a strong continuance request can be tricky in certain situations. If you have concerns about whether your continuance request will be accepted by the judge, try talking to an Oklahoma Divorce Lawyer. Contact the Putnam Law Office at (405)-849-9149 for a consultation today. Mr. Putnam is an Oklahoma City, OK attorney who is dedicated to his clients.