What Is Continuance
A continuance is a court-approved postponement of a scheduled hearing or trial to a later date. In divorce cases, this means pushing back a hearing on custody, property division, spousal support, or other family law matters.
When you request a continuance, you're asking the judge to reschedule the proceeding. The judge may grant it, deny it, or grant it conditionally. Continuances are common in divorce cases because of the complexity involved in gathering documents, obtaining expert valuations, serving the other party, or preparing for trial.
Why Continuances Matter in Divorce
A continuance can significantly affect your case timeline and strategy. Divorce cases in most states take 6 to 12 months from filing to final judgment, but continuances can extend this timeline by several months.
Continuances matter because they give you time to secure financial documents for property division, collect evidence for custody disputes, obtain valuations of retirement accounts or businesses, or prepare witness testimony. Without continuances, you may be forced to proceed without critical information. However, excessive continuances can also work against you by prolonging uncertainty and increasing legal costs.
How Continuances Work in Practice
- Requesting a continuance: You file a Motion to Continue with the court and serve it on the other party. Most courts require written notice before a Hearing or trial date.
- Grounds for continuance: Common reasons include unavailable witnesses, pending discovery (exchange of documents and information), need for expert reports, illness, or lack of time to prepare. State rules vary on what qualifies as sufficient grounds.
- Judge's discretion: Judges consider whether granting the continuance serves the interests of justice and whether it unfairly prejudices either party. Some states limit the number of continuances allowed.
- Stipulated continuances: If both spouses and attorneys agree in writing, many courts grant the continuance without a hearing.
- New hearing date: Once granted, the court assigns a new date, typically 30 to 90 days later depending on the court's docket.
State-Specific Rules
Continuance rules vary by state. California allows continuances for good cause but discourages them in contested custody cases under Family Code Section 3011. New York permits reasonable adjournments but judges may deny repeated requests. Texas requires the moving party to state specific grounds and may limit continuances in custody matters to protect children's interests. Check your state's civil procedure rules or family law statutes for local requirements.
Common Questions
- Will requesting a continuance hurt my case? Not necessarily. A single, well-reasoned continuance for legitimate preparation is normal in divorce. Judges expect thorough case preparation. Repeatedly requesting continuances without good cause, however, can suggest you're unprepared or stalling, which may negatively influence the judge's perception.
- How long can I delay my hearing with continuances? There's no set limit in most states, but judges can deny continuances if they believe you're abusing the process. Courts aim to resolve divorce cases within a reasonable timeframe. Excessive delays can trigger sanctions or default judgments against the requesting party.
- Do I need the other party's permission to request a continuance? No. You can file a motion unilaterally. However, if both parties agree (a stipulated continuance), the process is faster and the judge is more likely to approve it without questioning your reasons.