Can you postpone divorce proceedings?

If your court date is already scheduled, it is possible to request that this date is changed to a later date. However, in order to do this, you must offer the judge a good reason as to why you are asking for the change of date, called a continuance.

What happens if you have a contested divorce?

If a couple cannot come to an agreement they have to go through a contested divorce. This can be extremely expensive and time-consuming. A contested divorce usually more or less follows the same steps as any other court case. One spouse will file a petition for divorce with the court, and the other spouse will have to file a response.

What happens if you go to trial in a divorce?

Apart from settlement, a divorce trial is the only way that a court can make a final decision about your case. So if you’re going to trial, you may be placing all or just some of the issues before the court for decision.

What happens in the discovery phase of a contested divorce?

However, in a contested divorce, a response to a complaint is almost always guaranteed. Once you have both filed initial paperwork through the court, you must engage in the discovery phase. This means discovering or exchanging detailed information with your spouse.

How long does a spouse have to respond to a divorce petition?

A spouse will then have a limited amount of time to respond to the petition. This varies from state to state, but is generally 21 to 30 days. If a spouse does not file a response, as the plaintiff, you can seek a default judgment meaning that the court will approve the divorce on your terms.

Apart from settlement, a divorce trial is the only way that a court can make a final decision about your case. So if you’re going to trial, you may be placing all or just some of the issues before the court for decision.

What to do in a contested divorce case?

If you are in a contested case, talk to a family law facilitator, self-help center, or a lawyer. Click for help finding a lawyer. These cases can be very complicated. Sometimes, a case is contested because the spouses or domestic partners cannot agree on ALL issues, though they may agree on some.

When to go to court for a divorce settlement?

These settlement agreements can be done by lawyer-led negotiations before or after filing, at mediation, at an impromptu settlement conference, or even on the eve of divorce trial. In fact, most judges encourage us, lawyers, to come to court early the morning of divorce trial for one last chance to see if we can resolve our clients’ differences.

Can a divorce case be tried without a jury?

When the trial starts, you’ll almost always find that your case is going to be tried in front of a judge without a jury (“bench trial”). Juries are only used in divorce trials in a small number of states, and even then, they’re only authorized to decide a very small and limited number of issues.