I am the petitioner pro se
in a divorce
case, Fort Bend County, Tx. I now work and live in Australia, assigned there by my Houston based company (currently in Houston for a few days), my wife is now back in France.
Divorce was filed in August 2011. Ground is incompatibility.
I am now finalizing the discovery served to me by my wife's lawyer. My Request for Final Hearing has been completed and was filed at the court.
I signed up last week for final hearing and obtained a date/time (Friday 10 August at 1:30pm) which was earlier than I thought could be provided by the court. I took it, and advised my wife's lawyer without prior coordination with him.
My wife's lawyer filed a Motion for Continuance asking for the final hearing to be postponed, because he is not available, my wife is in France, and he would not have enough time to review the discovery responses. No date has been proposed by him, he just indicated he needs like 40 days more. His motion is now set for hearing that same day (10th of August), at 09:00 am.
Question 1: Is this hearing (which was requested by my wife's lawyer) just to have the judge rule whether or not the final hearing will proceed as I requested.
Question 2: His arguments are valid: wife in France (but could have come easily), 4 days to work on the discovery reponses, did not contact her attorney to coordinate, her lawyer committed on another case. I do not have much chances that my request for final hearing that same day be accepted. What happens if I do not show up? Can I expect at least that a final hearing date be set with the judge that day?
I had postponed my departure back to Australia for what I hoped could be the final hearing on the 10th. Obviously, I cannot easily travel back and forth from Australia.
I do not see the point of going anymore
Question 2: I have the opportunity to depart back to OZ tomorrow August 7, having a lot to do there. Is it my best interest, or should I go to the Motion for Continuance hearing?
Question 3: Understand that I can withdraw my Final Hearing Request (showing up to the clerk office with an ID). Will this automatically cancel the Motion for Continuance Hearing?