Legal Question in Family Law in Montana
Hearing
We are scheduled for our divorce hearing on 8/20/07- my soon to be ex husband is going to ask the court to delay this so he can go to mexico on vacation- is there a way I can prevent this? I want this done and over with.
1 Answer from Attorneys
Re: Hearing
If he is the Respondent, he is not required to be at the hearing. Actually, I represented one respondent who went to the final hearing with me, and the Petitioner did not show. The Court took Respondent's testimony, which would have been the same answers to the same questions Petitioner's attorney would have asked Petitioner. A little off the norm, but worked out fine.
Otherwise, you can object to a continuance because the vacation is not a crucial trip (as, for example, a work related trip might be). The Court might grant his motion for continuance anyway.
You might also object to the continuance but, in the alternative, if the Court is inclined to grant the request, you can move the Court to accept your testimony regarding the Parenting Plan, Child Support, and Settlement Agreement, all of which should already be part of the Court's file.
CJ Stevens|Law
Lolo, MT