Petrified and lost....

[screweyjen]

What is the name of your state? California

My husband served me with divorce papers back in June and our first appearance is slated for Oct. 31st. I didn't respond within 30 days. I have no viable excuse, other than I'm just very ignorant when it comes to divorce proceedings. I suppose it would have helped had I actually read the damn thing too. At any rate, this is where it stands. I didn't retain counsel because he assured me he wasn't going to show for court and wasn't going to go through with it. That was until two days ago when he changed his mind. He's been playing other games as well by hiding the papers I was served in addition to other important financial documents. Now to my question: Can I simply show for court alone and ask for a continuance? Is that possible?

[Shay-Pari'e]

He can't hide papers that were served to you, if he filed for a divorce.

I doubt you will get a continuance, but no one could tell you for sure.

[screweyjen]

No, I suppose he couldn't if we didn't still reside in the same place. However, it only took one slip up for me by leaving them on the counter. He recognized the opportunity and squirreled them away. Does anyone know about continuances and whether or not they are usually granted?

[Shay-Pari'e]

Originally Posted by screweyjen

No, I suppose he couldn't if we didn't still reside in the same place. However, it only took one slip up for me by leaving them on the counter. He recognized the opportunity and squirreled them away. Does anyone know about continuances and whether or not they are usually granted?

Try telling the truth about your situation.

[TinkerBelleLuvr]

Can the OP get a copy of the paperwork that was filed from the court house?

[screweyjen]

I'm not sure what your hostility is due to - but I just told you what happened. I don't have any reason to lie to people who won't ever see me. So really, what's your issue?

[TinkerBelleLuvr]

I just asked a simple question. I believe the OP can get a copy of the paperwork that the STBX filed at the court house. She/he may have to pay for the copies, but it is better than not having any at all.

[screweyjen]

So again, I'll ask someone who doesn't have some sort of vendetta - has anyone heard of a continuance being granted with divorce proceedings?

[screweyjen]

No Ginny, sorry - I wasn't referring to you..... I'm sure I could have. The papers disappeared Friday. I'm a graduate student and research assistant to two professors, so my time during the week is limited at best. I'm taking tomorrow off to see what I can do. I just thought I'd ask to see if anyone knew.

[TinkerBelleLuvr]

did you file any financial affidavits that the courts sent you? did the STBX fill his out? If not, that may be a basis of a continuence.

[VeronicaLodge]

why do you think people here are being hostile? i dont see anything hostile in this thread.

continuances can be granted, whether you will get one, we have no idea.

[Gracie3787]

Yes, you can ask for a continuance, and it may or may not be granted. Continuances are rather routine in most litigation, but you'll need to have a valid reason for asking. Ginny had a good idea, if you nor your spouse has filed financials that can be used as a basis for a continuance. You can also request time to hire counsel, but that can be iffy also.

Either way, you do have the right to ask for a continuance.

[CourtClerk]

I guess since I work in a California Courthouse in the Family Law Dept... I'll give this one a shot.

Yes, you can get a copy of everything in the case file if you go down to the courthouse.

Yes, you can ask for a continuance when you get to your hearing, but be aware, if your STBX has filed for default, you do not have to be heard because you failed to respond to the divorce. That... will be up to the bench officer.

You need an attorney because if he did file for default, you'll need to do a Motion to Set Aside the default judgment in order to protect your rights. As it stands... if that happened, he can proceed and you really don't have to be notified of much.

Note to anyone and everyone that has ever been or will be served with papers from a courthouse... DO NOT IGNORE THEM they don't send them to you just to see how you are and see if you are available to come to open house.

I would suggest you get a copy of anything and everything in the case file and high tail it to either the Family Law Facilitator, Legal Aid or your own personal attorney and see if they can unravel the mess you have caused.

[LdiJ]

Originally Posted by CourtClerk

I guess since I work in a California Courthouse in the Family Law Dept... I'll give this one a shot.

Yes, you can get a copy of everything in the case file if you go down to the courthouse.

Yes, you can ask for a continuance when you get to your hearing, but be aware, if your STBX has filed for default, you do not have to be heard because you failed to respond to the divorce. That... will be up to the bench officer.

You need an attorney because if he did file for default, you'll need to do a Motion to Set Aside the default judgment in order to protect your rights. As it stands... if that happened, he can proceed and you really don't have to be notified of much.

Note to anyone and everyone that has ever been or will be served with papers from a courthouse... DO NOT IGNORE THEM they don't send them to you just to see how you are and see if you are available to come to open house.

I would suggest you get a copy of anything and everything in the case file and high tail it to either the Family Law Facilitator, Legal Aid or your own personal attorney and see if they can unravel the mess you have caused.

I am going to echo this advice. Read through the paperwork very carefully. If he has filed for default, get yourself an attorney ASAP....like yesterday. If he has not filed for default, then it may be save to go through the Family Law Facilitator.