What Is A Motion For Continuance?

By Robin Roshkind, Esquire, West Palm Beach, Florida

A motion for continuance is a tool for a divorce lawyer, much like a hammer is to a handiman.  These motions are used to postpone proceedings until someething necessary in the process can be accomplished.  They are NOT an abatement which puts the divorce case on hold, to give the parties a chance to go to counseling, nor are they an abandonment or dismissal of the divorce lawsuit, as the divorce matter is still pending.

A motion for continuance is a minor delay in the proceedings to allow a new attorney to get up to speed with what is happening in the case;  it is also used to “buy” more time to produce needed documents for discovery, to delay trial until depositions can be taken, or to allow for further investigation as to witnesses and testimony.

In Palm Beach County, a divorce court judge must grant or deny a continuance that is asked by one or the other attorney.  It must be for a reasonable amount of time and for a reasonable reason to delay.  For more information about getting divorced in Palm Beach County, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

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2 CommentsLeave a comment

  1. What are examples of “reasonable reasons”?

    • Reasonable reasons to continue a proceeding would be if more time is needed to file an answer or counter petition due to an attorney’s notice of unavailability for medical, vacation or other advance reason, the other party has not timely complied with the family law rules of discovery, there is an impending change in circumstances that are not yet defined and things like that. Robin Roshkind, Esq.


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