Many people who come to the decision to end their marriage want it to be over as soon as possible. Others, though, will engage in behavior that ultimately delays the resolution of the case. The Florida courts will grant requests to continue divorce trials in some instances, but only if a continuance will not be prejudicial to the other party; otherwise, such requests may be denied. Recently, a Florida court discussed the grounds overturning the denial of a continuance in a divorce matter in a case in which the husband argued that the trial court erred in refusing to push back his divorce trial. If you decided to seek a divorce, it is in your best interest to talk to a trusted Miami divorce attorney regarding your rights.
The History of the Case
It is reported that the trial court entered a final judgment dissolving the marriage between the husband and the wife. The husband appealed, arguing in part that the trial court erred in refusing to grant his prior motion to continue the trial which forced him to proceed without an attorney, placing him at a disadvantage.
Grounds for Overturning a Denial of a Motion to Continue in Divorce Cases
The Florida appellate courts will review a trial court’s denial of a motion to continue for an abuse of discretion. In doing so, the appellate court will weigh whether the moving party will suffer injustice due to the trial court’s denial of the motion, whether the underlying impetus for the motion could not have been foreseen by the moving party of whether it is motivated by dilatory tactics, and whether the opposing party will suffer injustice or prejudice if the trial court granted the motion. Continue reading ›