Filing for a divorce and reaching a settlement can be a complicated process. In fact, even if you’re sure that you’re ready to part ways, you may be unsure about how issues in your divorce–like who should get your house or who will care for shared pets–should be resolved.
In some cases, something may arise during the divorce process that complicates matters and warrants a delay in finalizing the divorce. For example, perhaps you discover new information about your spouse’s assets and need to renegotiate your settlement; perhaps a tragic event occurs that affects the divorce settlement; or perhaps you or/and your spouse change your mind about even wanting to get divorced and need more time to think about it. Whatever it is, if you need to postpone the finalization of your divorce, here’s a look into what you need to know–
If Your Court Date Is Already Scheduled…
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. Examples of good reasons for a continuance include:
- You discovered new evidence that is pertinent to the case;
- You have another obligation that cannot be changed, such as appearing in another court at that time, being in the hospital, etc.; or
- You have yet to hire an attorney and have decided that you would like to do so.
When you file your motion to continue, you will need to make sure that you provide enough time for there to be a hearing on the motion prior to the currently scheduled court date. Typically, even if the continuance is granted, the rescheduled date must be within a reasonable amount of time. For example, the court may find it reasonable to give the petitioner three weeks to find a lawyer but is unlikely to delay the case for more than a month.
If a Court Date Hasn’t Been Scheduled…
If a court date hasn’t yet been rescheduled but you want to postpone your divorce, the best thing that you can do is to consult with your attorney. Your options may be dependent upon why you want to postpone the divorce hearing. If you simply do not want to get divorced and your spouse does want to get divorced, you are likely out of options. In fact, if you refuse to cooperate in the process, for example, refusing to respond to the divorce petition or show up in court, a default judgment may be entered against you. If you have a more legitimate reason for wanting to postpone your divorce, talk to your attorney – there may be some legal remedies available to you.
Call Our Illinois Divorce Attorneys to Learn More
Understanding when you can postpone a divorce case and how to do so can be complicated. To learn more about the process of filing a motion to continue in Illinois, call a qualified divorce lawyer today. At the law office of Fay, Farrow & Associates, P.C. we have the knowledgeable divorce attorneys you’re looking for, and we serve clients in Naperville, Downers Grove, Wheaton, Lombard, Lisle, and Aurora. Reach us today online or by phone for your consultation.