Many people who come to the decision to end their marriage want it to be over as soon as possible. Others, though, will engage in behavior that ultimately delays the resolution of the case. The Florida courts will grant requests to continue divorce trials in some instances, but only if a continuance will not be prejudicial to the other party; otherwise, such requests may be denied. Recently, a Florida court discussed the grounds overturning the denial of a continuance in a divorce matter in a case in which the husband argued that the trial court erred in refusing to push back his divorce trial. If you decided to seek a divorce, it is in your best interest to talk to a trusted Miami divorce attorney regarding your rights.
The History of the Case
It is reported that the trial court entered a final judgment dissolving the marriage between the husband and the wife. The husband appealed, arguing in part that the trial court erred in refusing to grant his prior motion to continue the trial which forced him to proceed without an attorney, placing him at a disadvantage.
Grounds for Overturning a Denial of a Motion to Continue in Divorce Cases
The Florida appellate courts will review a trial court’s denial of a motion to continue for an abuse of discretion. In doing so, the appellate court will weigh whether the moving party will suffer injustice due to the trial court’s denial of the motion, whether the underlying impetus for the motion could not have been foreseen by the moving party of whether it is motivated by dilatory tactics, and whether the opposing party will suffer injustice or prejudice if the trial court granted the motion.
In the subject case, the appellate court found that the husband did not suffer an injustice due to the fact that the trial court’s denial of his motion were consistent with findings set forth at a prior hearing that dealt with temporary matters. Additionally, the appellate court noted that the reason the husband sought the continuance, namely his desire to have additional time to retain a new attorney, was not unforeseeable in light of the fact that his prior attorney withdrew his appearance two months earlier. As such, the husband had more than enough time to hire a new attorney. Lastly, the appellate court found that while denying the motion to continue would not negatively impact the husband, granting it would be prejudicial to the wife, as the divorce action had been pending for over two years. Based on the foregoing, the appellate court affirmed the trial court ruling.
Speak to a Knowledgeable Miami Attorney About Your Divorce
Ending a marriage can be stressful, and while most people their divorces to be settled as soon as possible, others unnecessarily delay matters. If you are interested in seeking a divorce, it is in your best interest to talk to an attorney about your options. The knowledgeable Miami divorce attorneys of the Law Offices of Sandy T. Fox, P.A., are well-versed in what it takes to achieve successful outcomes in dissolution proceedings, and if you hire us, we will work tirelessly on your behalf. We have an office in Aventura, and we frequently assist people with divorce matters in Miami. You can reach us via our online form or at 800-596-0579 to set up a meeting.