So... . my court date was just cancelled at the last minute... . seems exBPDw and her lawyer are stalling. They started asking for all kinds of info last minute - this was supposed to be an uncontested divorce.
Par for the course. However, just with a one year marriage and no children from the union, this should be a less complicated case. You or your lawyer needs to speak up to the judge. Yes, my lawyer told me too, "But ex will get her continuance anyway." The point is that the judge needs to know you're not agreeable to delays. For all you know all the judge heard was was seemed like a joint request, "WE have some unresolved issues and WE need more time to prepare."
Ask and you might receive. Don't ask and you won't receive.
1. While continuances are often granted upon request, it's usually only once or twice before the judge starts getting peeved and tells the slow lawyer to get moving.
2. Continuances are less likely to happen if you object to them. If you're silent or passive then the judge can assume you're okay with another delay.
The reason no one seems to object to continuances is because it is "professional consideration" between lawyers, as in, work with me here and I'll work with you at another time. However, in high conflict cases continuances are too often used as a delay strategy and not for real need.
I recall that my ex's lawyer filed for a pre-trial continuance claiming ex was under a doctor's care for pain. Judge clearly noticed the case had already been 'continued' multiple times and didn't even give my lawyer a chance to object, said No, said it was a pre-trial and only the lawyers needed to be present.
It's okay to speak up and object. You shouldn't timid, passive or inclined toward inaction. (Perhaps not the other extreme and overly aggressive either.) But you do need to be assertive and proactive.
