Legal Question in Family Law in Massachusetts
Divorce Hearing Cancellations
My soon to be ex wife and I both have attorney's. We had a temporary court hearing in March 2005 and our divorce hearing was set for June 2005. Because of my wife's attorney, that hearing was cancelled and set for August 2005. Again in August, because of my wife's attorney, the hearing was cancelled and postponed until September. I am currently paying spousal support to her (only married 4 yrs)due to the temporary order - How many more times can her attorney cancel our divorce hearing?
2 Answers from Attorneys
Re: Divorce Hearing Cancellations
Hi & Thanks for Writing -
It's unrealistic to think that the Court would allow further continuances, so my thought is that the next attempted postponement will be denied.
In Massachusetts, some counties are worse than others, Middlesex County (Cambridge MA), as an example, is among the worst for backlogs, delays and slow-moving cases.
I understand your frustration - it's legitimate - tell your attorney that from this point forward s/he is to object to any and all requests for continuances from the other side.
Regards & Good Luck -
Leonard Wm. Foy III, Esquire
Re: Divorce Hearing Cancellations
As long as you and your lawyer allow it. The next time a continuance is requested, your lawyer should at least insist that the other party pay his fees for the missed appearance and the continued hearing. That'll end that problem.