by Robin Roshkind, Esquire, West Palm Beach, Florida
In my continuing series of blogs on how to “work the system” in divorce litigation, the first blog was about getting your name changed during divorce proceedings so you don’t have to pay extra to do it later. The second blog was about imputation of income where a spouse is voluntarily under employed or unemployed but has a fruitful work history. These strategies are perfectly legal and accepted among the Bench and the Bar.
This third blog is how to work the system by using motions for continuance. Why and when would a divorce court judge in Palm Beach County postpone a legal proceeding? Here are some examples:
1. Motion for continuance of mediation. Mediation is set by court order. Your spouse and/or his or her attorney does not comply with mandatory disclosure of financial documents which are necessary to go to mediation with, if you are to attempt a settlement of your divorce case. In addition to doing a motion to compel these documents and information, your divorce lawyer should do a motion to continue mediation to another date.
2. Motion to continue a temporary relief hearing. Your divorce lawyer wants to take the deposition of your spouse’ accountant. The lawyer or your spouse play the “unavailable game”. If your lawyer cannot schedule the depositions, he/she has to ask for a continuance of the temporary relief hearing in addition to a motion to compel the requested depositions.
3. Motion to continue trial. A trial date is set by the court. A discovery cut off date has come and gone while trial is imminent. If your side does not have the information you are entitled to, like a witness list for example, your divorce lawyer would want to file for a continuance to allow more time to get the other side’s witness list and perhaps even take depositions of those witnesses.
Those are just three examples of when your lawyer might work the system by asking the court to reschedule litigation events via a motion for continuance. It is perfectly legal. There are many others, in response to the other lawyer’s “working the system” too. For more information about this or other divorce topics, 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.