How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3471
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
18210975
Type Your Family Law Question Here...
Michael J, Esq. is online now
A new question is answered every 9 seconds

I am the petitioner pro se in a divorce case, Fort Bend County,

This answer was rated:

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?
Thanks,
Jean-Yves Gourmelon

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

1. Yes, the motion hearing will be regarding whether the Judge issues the continuance or not.

SoloLawyer :

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.

SoloLawyer :

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.

SoloLawyer :

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.

Customer:

Thanks. Just a moment while I review..


 

Customer:

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?


 

SoloLawyer :

No. It will only deal with issuing the continuance. The Judge will reset the final hearing later.

Customer:

Can either party request Final Hearing, or is it just the Petitioner?


 

SoloLawyer :

Both parties should be able to request it.

Customer:

Very last Q. Being the Petitioner, can I send if I want to a discovery to the Respondent ?


 

SoloLawyer :

But it is best to coordinate with the opposing party.

SoloLawyer :

Yes, discovery is an important part of the divorce process.

Customer:

Excellent. So you would recommend I assist , rather than trying to cancel?


 

SoloLawyer :

Well, if you want to leave the country, it would seem like your best bet to join in the motion for continuance.

Customer:

As I said, I could leave tomorrow and have a lot of work. Need to be there asap. Trying to weight what's best...


 

Customer:
SoloLawyer :

Sounds like the best plan. :)

Customer:

You mean leaving or staying here until the hearing??


 

SoloLawyer :

As I mentioned, if you want to leave, you can join in with his motion for continuance.

SoloLawyer :

That would most likely allow the Judge to simply order the continuance without a hearing.

Customer:

Thanks. Great responses.


 

Customer:
SoloLawyer :

I hope it works out for you!

Michael J, Esq. and 3 other Family Law Specialists are ready to help you