Can my husband extend a divorce case for an indefinite amount of time because he does not have an attorney?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my husband extend a divorce case for an indefinite amount of time because he does not have an attorney?
We have a court date set for 5/02. He has been gone from the home under a relief from abuse order for nearly a year. He is letting everyone understand that he means to extend our divorce for an indefinite amount of time, due to the fact that he does not (yet) have an attorney. Is this something that occurs in a divorce proceeding? I was under the impression that the right to an attorney is a criminal court case, not necessarily a civil or family case. Can you enlighten a worried woman? Thanks.
Asked on April 1, 2011 under Family Law, Vermont
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your husband can ask the court for a continuance to postpone the court proceeding and give him additional time to retain an attorney. However, he will NOT be allowed to do this indefinitely. It is within the discretion of the judge to give your husband additional time to retain an attorney. The judge will probably set a date for him to have obtained an attorney. If he doesn't have an attorney by that date, it is unlikely that the judge will grant additional continuances. It is not uncommon for people to represent themselves in divorce proceedings without an attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.