Fresno, CA asked in Divorce for California

Q: IM IN CALIFORNIA..COURT HAS BEEN CONTINUED TWICE. HOW MANY TIMES CAN IT GET EXTENDED? BECAUSE THEIR PAPERWRK ISNT READY

MY EX FILED FOR DIVORCED NOV 2013...COURT DATE WAS MARCH 2014..HE WASNT READY...COURT WAS EXTENDED TO DEC 2014.. HIS LAWYERE SAYS THEIR PAPER WRK STILL WASNT DONE/READY ON TIME.. I SERVED HIS LAWYER WITH MY DECLARATIONS....I NEVER GOT ANY OF HIS ... COURT ORDER 3WAY MEDIATION DEC 2014...HIS PAPER WORK STILL WASNT READY.. OUR COURT HEARING IS NOW AGAIN IN NOV 2015... NO I DONT HAVE A LAWYER..HOW MANY TIMES CAN THE COURT EXTEND IT??? BECAUSE THEYRE NOT READY??? I HATE TO SPEND MONEY ON A LAWYER.. WE HAVE NO KIDS AND JUST SIMPLE HOUSE/CARS PROPERTY TO DIVIDE EVENLY

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: It is hard to tell in family court. Extension are very common depending on the judge, the case, etc. However, repeated continuances because one side is consistently not prepared is not something any judge likes. Emphasize or remind the judge the next time in court that this is the 6th time, 10th time, etc that the case has had to be re-scheduled because the other side was not prepared.

Also, the rule is that financial disclosures (FL-150, 142, 141, etc) have to be served by a party within 60 days of their filing the petition or response. If the other side has missed that deadline, they must be sanctioned under Family Code 2107(c). These sanctions are mandatory -- meaning the judge has to award them, although nothing stops the judge from awarding tiny sanctions (e.g. $50).

Andy

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