Awaiting trial

It’s been over a year since I have filed for divorce. I know courts have been catching up due to COVID. We are going to litigation for ED, alimony and custody/support. We are currently on our 4th setting due to things being continued. Is there a rule or even unspoken rule to how many times things can be continued? I just want to ensure my patience isn’t being taken advantage of. Have you all seen things being continued repeatedly due to the court not giving a time slot?

There is no rule about how long court hearings and trials can be continued when they’re being continued because the court/judge simply doesn’t have the time to reach your matter.

Unfortunately this is very common in every county. It can take well over a year or even two years to have a court hearing/trial. This is because the court calendars are much too full and overloaded with litigants and there aren’t enough judges for every case to be heard expeditiously.

You may want to consider arbitration as an alternative to court. This works similarly to a trial but a mutually agreed upon arbitrator, who is an experienced family law attorney, hears the evidence and makes a binding decision. Arbitrations can typically be scheduled and completed within 2-4 months.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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