Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.
1. Yes, the motion hearing will be regarding whether the Judge issues the continuance or not.
2. If you do not show up at opposing counsel's hearing, the continuance will most likely be granted. The only reason you would need to show is to offer a defense to it.
3. You may want to contact the lawyer. If he enters a joint motion (you both sign), you may be able to do away with the hearing all together and let the Judge just issue the continuance. If this doesn't work out, I would always advise to show up at all hearings.
4. No, this won't automatically cancel the Motion for Continuance hearing. The opposing attorney would need to manually let them know you withdrew and therefore the Continuance motion is moot.
Thanks. Just a moment while I review..
Can I at least expect from that hearing that a date for the Final Hearing be set? or could I try to have it set?
No. It will only deal with issuing the continuance. The Judge will reset the final hearing later.
Can either party request Final Hearing, or is it just the Petitioner?
Both parties should be able to request it.
Very last Q. Being the Petitioner, can I send if I want to a discovery to the Respondent ?
But it is best to coordinate with the opposing party.
Yes, discovery is an important part of the divorce process.
Excellent. So you would recommend I assist , rather than trying to cancel?
Well, if you want to leave the country, it would seem like your best bet to join in the motion for continuance.
As I said, I could leave tomorrow and have a lot of work. Need to be there asap. Trying to weight what's best...
Sounds like the best plan. :)
You mean leaving or staying here until the hearing??
As I mentioned, if you want to leave, you can join in with his motion for continuance.
That would most likely allow the Judge to simply order the continuance without a hearing.
Thanks. Great responses.
I hope it works out for you!
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