You Can Get a Continuance (Postponement to another date) on Your Divorce Case in Franklin County, Ohio: Here is How!
Sometimes, there's a good reason one spouse or the other needs a continuance in divorce proceedings.
Do you live in or around Columbus? Here are some great tips on how to get a continuance in Franklin County, Ohio:
Go to the court and ask the bailiff
Sometimes, it is as simple as aking. Whether this method works depends heavily on how busy the court is.
Hire an attorney and ask the attorney to do it
Often a judge will be more inclined to listen to an attorney’s request for a continuance than a request from a non-attorney. Make sure it is for a good reason.
It helps if you have never asked for one before
People who ask for more than one continuance run the risk of looking disorganized and disrespectful of the court’s time. So, if you only ask for one continuance, then you are far more likely to get it. The first one is usually not a problem.
Ask the other side or counsel if it is OK
A continuance can be much harder to obtain if the other party involved in the lawsuit resists. If you ask the other side first, then they might be more likely to agree to it because you were considerate.
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If you cannot be there for military reasons
The court will usually grant a continuance if military duties conflict. The court does not like to be an obstacle to military duty.
If you cannot be there for medical reasons
Like military service, the court will usually approve a continuance for medical reasons. If you go into surgery suddenly or if you break your leg, etc., the court will be understanding. Just make sure you communicate.
If you are not prepared and it is not your fault
There could be other reasons you need a continuance. For example, if there was a death in the family, or if some other unexpected, major event occurs.
If the judge knows that you are prepared and something happened that is outside of your control, then there is a good chance the court will grant your request.
If you cannot be there for other legal reasons
Legal reasons may include a criminal trial, a civil suit, jury duty, etc.
If you have planned on being somewhere else and it is important to you
For example, if one of your best friends is getting married and you had been planning on attending the wedding for months, or if you booked a vacation a year in advance, etc.
If you have what the court calls "good cause"
"Good cause" miscellaneous reasons the court will consider. Examples include the unavailability of an essential witness, and the unavailability of a council due to illness, discovery still due, etc.
Bonus: Good cause example from a real divorce case:
- To determine whether or not a motion for a continuance will be granted, the trial court should consider such factors as the length of the delay requested;
- Whether other continuances have been requested and received;
- The inconvenience to litigants, witnesses, opposing counsel, and the court;
- Whether the requested delay is for legitimate reasons or whether it is dilatory, purposeful, or contrived
- Whether the defendant contributed to the circumstance which gives rise to the request for a continuance;
- Any other relevant factors, depending on the unique facts of the case. Look up the case of Unger, 67 Ohio St.2d at 67-68 or Elijah Council v. Charstine Council, 2010-Ohio-3445, 23514 for more information.