When you ask the court to reschedule a previously-calendared hearing in your divorce, and a judge allows it, that’s called a continuance. Judges can resolve continuance requests informally—for example, after a conference call with both parties and their lawyers—or, if the divorce litigation is ugly and one side won't agree to move the date, via a formal motion brought before the judge in a courtroom.
Usually, when the divorce begins, the court will issue a scheduling order, which contains dates for all the significant case events, like hearings, trials, and discovery deadlines. Pushing back a hearing date means that the other dates on the scheduling order will have to be adjusted too. Judges generally try to stick to the scheduling order because that’s the best way to manage their caseloads, so whether you’ll get a continuance depends on a number of considerations.
Have you already requested a continuance?
If you’ve already asked the court to accommodate you by rescheduling a hearing and your request was granted, the judge is less likely to reschedule the hearing again. There is a limit to how much the judge can help one side at the expense of the other. After all, changing the hearing date affects your spouse’s calendar too. The court may feel that prolonging the case on multiple occasions, at your request, is unfair to the other side.
Does the other side agree?
It helps if your spouse agrees to a continuance, although the court still may decline your request for reasons of its own. If your spouse opposes a continuance, then the judge will have to decide.
If your spouse has a good reason to keep the original hearing date, the court will be less inclined to grant a continuance. But if it's clear that your spouse is opposing your request simply to try to thwart you or because the divorce has turned hostile, the judge may decide to give you additional time.
Has this particular hearing been rescheduled before?
If a hearing has already been continued at your request—or your spouse’s—the court may become concerned about the case getting too far off track and veering away from the scheduling order. But if this is your first request, then a judge is likely move the date.
Why do you need a continuance?
You’ll need to give the judge a good reason for the continuance. For example, if you want to change the hearing date because you’re seriously ill or absolutely can’t arrange child care, the court will be more inclined to reschedule it. But if you’re asking because your car is in the shop (you can get a ride to the courthouse or take a cab) or you have a minor medical condition (you came down with a cold), you aren't likely to convince the judge to grant your request.
What kind of hearing is it?
If a hearing is time-sensitive or addresses an urgent and sensitive subject matter, it’s a lot harder to persuade a judge to postpone it. For example, if the hearing is based on emergency concerns about child safety, the court won't want to put if off. But if the hearing is about something less critical, like who has to pay the auto insurance while the divorce case is pending, then a court may be more likely to allow a short continuance