Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I live in Kansas. I was served divorce papers. Our son is…

Customer Question
I live in Kansas...

I live in Kansas. I was served divorce papers. Our son is going through some emotional issues and we have put him in counseling. Husband has said he is going to postpone the divorce. What are those options and how does it work?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in KS family court?

He filed divorce papers a week ago and I just got served yesterday

Lawyer's Assistant: Have you talked to a lawyer about this yet?

Briefly but not about him postponing the divorce

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just what are the options of postponement and how it works.

Submitted: 5 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
3/23/2018
Family Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 14,348
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Family Law Question
Customer reply replied 5 months ago
ok i will wait for your answer
Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

Ok, so you can't technically "postpone" the divorce, but you can postpone certain court hearings or proceedings that are coming up. You may want to have him just dismiss this divorce proceedings for now (as he can file later), but if he doesn't want to dismiss, then you may need a motion to continue the proceedings. Generally, the court may, for good cause, extend the time if one party requests additional time or the court may just extend additional time on their own if they feel it is necessary in the case. In your motion document, the moving party has to be sure that they are explaining the reasons for the continuance. Many times, the court will grant the motion if there is something like an illness, death, the loss of an attorney, or some other “good cause” reason to extend the time for some event. Although each state is different, a motion to continue must be filed at least 14 days before the upcoming hearing date. Make three copies: one to keep, one to file, and one to serve on the opposing party.

When you have your motion ready, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Once the motion is served on the opposing party, they will have a chance to oppose the motion if they wish. They must file and serve their opposition. Regardless, the magistrate will review the documents and either a) call a hearing to have you make oral arguments or b) make a decision without a hearing. Regardless, you’ll be notified of the magistrate’s decision in writing.

What other questions did you have for me today that I can help you out with:-)?

Ask Your Own Family Law Question
Customer reply replied 5 months ago
Thank you for this information!
Family Lawyer: Legal Eagle, Lawyer replied 5 months ago

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. You can save me as a favorite if you would like.

  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

  5. Don’t forget to tell your friends about justanswer.com!

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 14,348
14,348 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I'm in. I got the house in my divorce by default. I can't
I'm in Washington. I got the house in my divorce by default. I can't contact my ex husband and I don't know what to do. I don't have money to hire another attorney. The house is paid for, no mortgage … read more
Michael Bradley
Michael Bradley
JD
1,668 satisfied customers
My wife wants to divorce me however at the time, I signed
My wife wants to divorce me however at the time, I signed those damn divorce papers I was in a state of insanity and i recently got discharge from a Veterans Mental Health program, would this have any… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,020 satisfied customers
I have a few questions regarding support. 1). I am not
I have a few questions regarding support.1). I am not employed and when my attorney did the financial sheet he used my temporary employment as income and now I do not receive income from anywhere how … read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
I'm writing to seek the best advice on a path to follow
Good day, I'm writing to seek the best advice on a path to follow concerning a marriage i entered and i feel i was deceived. Firstly i got married on the 21st April 2016 to my husband, we met online d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Here is the situation. A mother trying to divorce her loser
Here is the situation. A young mother trying to divorce her loser husband. She lives in Massachusets and he resides in Maine. He was supposed to come today for a court hearing regarding the divorce an… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
my parents gave me an acre of land but they put my ex husband
my parents gave me an acre of land but they put my ex husband name on it 30 years ago. Our son want to live on the land. I was awarded 400 a month child support but he never paid. I am not sure where … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
I live in SC and recently learned of a single affair between
I live in SC and recently learned of a single affair between my husband, of 7 years at the time, and my step sons mother 3 years ago. I know alienation of affection does not stand in SC. But there are… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
In order to start a new date of separation, would that happen
In order to start a new date of separation, would that happen in California, if the petitioner ends the divorce proceedings(respondent hasn't filed yet but needs to in a few days) and the respondent a… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
Can I sue my x husband for emotional stress ? I live in Washington
Can I sue my x husband for emotional stress ? I live in Washington state . We got divorced 3 years ago we were married for 20 years he had cheated on me in the past but I forgave him and believed his … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Hi! I was married when I gave birth. However, my husband is
Hi! I was married when I gave birth. However, my husband is not the biological father of my child. We were both living separately ( in different states) and were going through some issues. My child bi… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
I found an old response to filing an alienation of affection
I found an old response to filing an 'alienation of affection' lawsuit in KS. I was married for 11 years to a man who sustained a traumatic head injury in 1998. This past year my now ex-best friend lo… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
Hi Lucy, I am debating about filing a claim against my last
Hi Lucy, I am debating about filing a claim against my last atty with the ARDC because I am so drained from this divorce process. I briefly spoke to a business atty who knows my last attorney and says… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
How do I postpone a child custody trial I want to use my
How do I postpone a child custody trial? I want to use my divorce attorney and not my custody lawyer. I do not believe that my custoday lawyer is prepared for the trila of my life. She just asked my f… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
If I file for divorce before my husband deploys, can he still
If I file for divorce before my husband deploys, can he still delay the proceedings durings his entire deployment? If he chooses to delay, is there anyway I can fight it. I have met someone else and d… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Hello, I had a no trespass order on my ex husband in February
Hello, I had a no trespass order on my ex husband in February of this year. How do I get it reversed?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
HOw easy would it be for my ex husband to get custody of our
HOw easy would it be for my ex husband to get custody of our son , after he already lost it to me in our divorce, and now has tried to call Dss in to get custody now, and after Dss ruled that there wa… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
Question for Michigan no fault divorce. 3 weeks from the final
Question for Michigan no fault divorce. 3 weeks from the final court date to finalize the divorce and the wife, who initiated the divorce in the first place, wants to postpone or stall it. She doesn't… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband is in the military and is stationed in GA. I live
My husband is in the military and is stationed in GA. I live in SC and am a student. He and I agreed to have my 4 year old son stay with my husband until the end of this school quarter. The quarter en… read more
A.D. Barnett
A.D. Barnett
Attorney
Doctoral Degree
411 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x