Can I have my divorce trail date postponed?

I am two weeks away from the trial date for my divorce. My soon to be ex has not complied with any requests for producing income and we only have child support to figure out. My lawyer is telling me that it could get expensive to go to trial and to settle out of court. I don't have the money to pay my lawyer his fees for trial, but can't afford to settle out of court. I'm already $7K in debt with the fees already borrowed for lawyers, and the ex wants to drag it out longer.
Any suggestions??

Sherry C

This is a tactic that some ex's use to make you settle for really nothing nothing in the end. You should have a meeting with your attorney and let him/her know what is going on financially and what your options are. He/She works for you not the other way around. Why would you want a continuance or postponement when you are so close. If your ex was requested to produce income and other documents and he has not, that would be contempt of court. He could be incarcerated until he purges himself of the contempt charges. Your attorney should know that and in the final order your attorney (who works for you) should make ex pay for all or some of your attorney fees due to it not being your fault and you don't have funds.

aaron b

As part of the settlement, make the ex pay part of your divorce costs. When he realizes he will have to pay to extend it, you may find he is much more helpful in getting things moving along.

tlogan

Your spouse has to provide accurate income information. Depending on your state you can reopen the case at a later date and get more money out if your spouse provided incomplete or inaccurate income information.

Regarding child support, you can always have this adjusted at a later date if you can show that one of your incomes has changed significantly (usually a 10% change would be enough) since the support was set. You can get more information about your state child support by speaking with someone at the child support office; be informed as possible so you can tell your lawyer exactly what you want.

Rosita

If you're short on cash, your lawyer would be more then happy to ask the Judge for an adjournment. So yes, an adjournment wont cost you anything extra (unless the attorney decides to charge you for going to court to ask for an adjournment). In my office, no money, no attorney. the attorney does adjourn over the phone, that way, he doesn't have to show up, and we don't bill the client.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: