11 Oct 17

Can the court hearing be rescheduled due to my work?

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Can the court hearing be rescheduled due to my work?

Court dates aren’t something people look forward to. Not only are they stressful because of their legal implications, but they’re often something that interferes with our day to day routines and responsibilities. That being said, it’s not always possible to postpone a court date for your divorce. There are some acceptable reasons to postpone a court date. The procedure for postponing a divorce hearing includes requesting a new court date and the confirming the new court date. The court will only grant your request for a new court date IF it meets their standards for what is acceptable. If your reason is acceptible, the judge will grand a postponement and set a new date. That brings us to the main question.

Will a judge reschedule a hearing because of your work schedule? The three good reasons to postpone are (1) If the couple is trying to reconcile, (2) If there is a medical appointment or another professional appointment, or (3) If one side isn’t completely prepared for the hearing. One could definitely argue that work is a possible reason to postpone. However, both parties may sometimes work and usually you can take a day off work to attend a court hearing, especially one that is as important to your life as this one. If you did request a hearing, you would need to show exactly why you can’t afford to take a day off work in order to attend the hearing. In some cases, the judge might consider this.

To make the request for postponement, your lawyer will need to file a motion with the court to postpone. Sometimes they call a postponement request a “continuance.” They’re both the same thing. There are some courts that want you to get the other party to agree to the postponement, since it may be something that they very fervently wish to get out of the way. The judge will listen to the motion at a motion hearing and if he grants it, he’ll set another court date.

Confirmation can be obtained by checking the court order issued. This will show you the date of the new hearing. If you don’t have a copy of the order, call your attorney to check on the date OR you can call the court clerk or the opposing party at the hearing to see what the date is. It’s very important that you keep the new date, whatever the reason. You cannot perpetually avoid a divorce hearing simply because it is scheduled during your work. Eventually, you’ll need to take a day off work to attend the hearing, and the good news is that the majority of employers are very understanding about this.

A lawyer can advise you on whether or not it’s a good idea to postpone the hearing. In reality, you’re just postponing the inevitable because eventually you have to take a day off work anyway. Most employers give you personal days or a certain number of days that you can miss per year so that there’s no real excuse to keep using work as a way to get out of a divorce hearing. And remember that the judge can always deny the request to postpone if he doesn’t think your reason is a good enough one to skip a hearing for. Divorce is a legal matter and eventually you’ll need to face your hearings and court date so that you can resolve the legal matter. The longer you let the hearing date extend to, the longer it’s going to take to have your divorce finalized so that you can move on with your life.

Divorce is never a pleasant experience and it can cause you a lot of inconvenience during the time you spend getting everything together and making all of the court dates. For those who are committed to getting through their divorce, though, there’s no good reason to keep putting off a court date.

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