QUESTION
can I file an emergency motion of continuance 3days before a final divorce trial?
Asked on Dec 01st, 2023 on Divorce - Texas
More details to this question:
Contested divorce I'm the respondent.Petitioner has an attorney, I have filed an answer and have been representing myself Pro Se but was not aware I had a solid case for a fault based divorce until recently, I need to file a fault-based counter-petition for cruelty and adultery and ask the judge for a motion of continuance to allow more time for gathering my witnesses and evidence. The case does involve family violence, however a police report was not filed due to I was worried of retaliation and he shortly there after moved out of the home and in with his girlfriend. I do have a clear audio recording of the domestic incident and many audio recordings of past cruelty and aggressive outbursts as well as pictures of numerous occasions of property damage from his outbursts and texts showing his emotional cruelty toward me. Do I let the judge know the case involves family violence in my motion letter for a continuance, and I plead for more time to ensure a fair trial? I'm very confused.
1 ANSWER
Commercial Litigation Attorney serving Frisco, TX
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Reid Dennis & Frick, PC
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Yes, you can file an emergency motion for continuance at any time, including three days before your trial begins. You will need to describe in detail the emergency and support the factual allegations with an affidavit or declaration.The fault issues and domestic violence issues should be raised in your pleadings and do not need to be raised in the motion unless they are germane to the emergency requiring a continuance. To be clear, only learning recently that you have grounds for a fault-based divorce based on past conduct you witnessed or experienced does not constitute an emergency. Past domestic violence that you experienced or witnessed, similarly, does not constitute an emergency.An example of a good ground to support an emergency motion for continuance might be that you have recently been hospitalized and do not expect to be released from the hospital before your trial is scheduled to begin. If you have been hospitalized because of a recent domestic violence incident, then that incident would be germane to the emergency.
Answered on Dec 08th, 2023 at 1:02 PM