Q: I was sued for divorce in Jan 2023. I retained an attorney who failed to get a continuance granted, and I lost all righ
She attempted suicide 12/23/23. Woke up and bit my abdomen, an agg assault I have not supplemented the report with. She destroyed our 2700sf home in front of my 16yo daughter and 19 yo son, as well as our then 1.5yo.. she smashed glass all over the tiled floors and my daughter’s bathtub. She stole business equipment including my iPhone and MacBook, accessed, deleted portions, and modified others. Erased sensitive business data, tax related records and years of client contact information. She has a young gentleman attorney in Boerne TX named Casey. She resides with our son, at 130 Heinen Circle Bandera TX 78003 with her father and stepmom. I’m 46, she’s turning 30 in November. She hid my medication and caused a severe episode that has destroyed the parent child relationship I’ve worked for two decades to maintain. The mother of my older two who I spent 23 years with passed away tragically in 11/2018.
A:
It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has not been pending long, and become increasingly reluctant to grant a trial continuance the longer a case is pending. The reason for asking for a continuance is paramount in determining whether a trial judge will grant one or not. In many instances, what else is pending on a trial judge's docket may affect whether a motion for continuance is granted.
Every divorce and child custody case is determined on its own particular facts. From your description, it sounds like you have some evidence which may be helpful to you, although none of what you describe is in and of itself dispositive.
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