From time to time, an individual will want to have a hearing in his or her divorce case rescheduled. This may be due to a previously scheduled vacation, a death or illness in the family, or a conflict with a work schedule. In order to do so, the individual or his or her lawyer must file a motion for a continuance of the hearing with the court. It is totally up to the discretion of the judge as to whether to allow the hearing to be continued or rescheduled. In most courts, you must have a good reason for asking for a continuance; simply not being ready to go to a divorce hearing or having a work conflict is often not a sufficient reason to have a continuance granted by the court.
Some examples of valid reasons for the court to grant a continuance in a Georgia divorce case might include the following:
- Illness, injury, or hospitalization of the individual or his or her attorney
- Death of an immediate family member of the individual or his or her attorney
- An attorney needs additional time to prepare or review evidence because the other side has not provided requested or necessary information in a timely fashion
- The couple has decided to pursue mediation or arbitration in order to try and resolve issues related to the divorce outside of the courtroom.
- A witness who has been subpoenaed to court and is essential to the case doesn’t show up to court for the hearing.
Most attorneys will caution individuals, however, to ask for continuances as rarely as possible, and only if it is truly necessary. The court is not likely to be happy to have a hearing repeatedly continued; the judge will want the case to be resolved, one way or another. Therefore, it is best to ask for a continuance of a Georgia divorce hearing only in the appropriate circumstances.
Atlanta divorces can be difficult and complicated for all parties involved. A Georgia divorce lawyer can make all the difference in giving you the knowledge necessary to make informed decisions about your divorce.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.