Continuace issues


#1

I do not know the answer to this question…

On the second question…yes. Your attorney can ask for the same. If it is believed that money was “hidden” or used without the knowledge of the other spouse, then they can ask for an account. Say your ex has had a savings account during the last 5 years of marriage that you knew nothing about and therefore 1/2 the money at the time of separation would belong to you…or you sold a family car and used the money to buy land without your spouse’s knowledge. I’m not sure how far back they can question. But my husband had to get his banking records from the 2 years prior to their separation from the bank. He never used them in court but that was only due to her settling with him after the prelim custody.


#2

It depends on the county, some counties allow attorney’s to continue matters as often as they wish, while some counties have time-lines the attorney’s must meet. If your attorney is consenting to continuances and you do not wish for them to do so, I would make sure you bring that to their attention.

  1. Yes an attorney can ask for receipts for expenses during the marriage, but the other party can object if these requests are not reasonable.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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#3
  1. How many times can a person ‘continue’ pending litigation or issues? I know the court usually allows a 30 continuance and that it’s pretty common to use that one. In this case the ‘standard’ continuace was issued by the judge, then another one was issued (this a 90 day) via mutual consent between attorneys. Now I believe there will be another one asked for. As long as the attorneys agree…can the continuances go on and on?? They’ve already used up the ‘we need more time to get paperwork in order’ excuse. Now a medical issue has arisen that may be the reason for another continuance.

  2. Can the opposing party ask for explanations and receipts for monies spend DURING the marriage and YEARS prior to separation, when going through E.D? (ie: what was this money spent on, where did this money go…). I thought all the figures needed were the ones current at the date of separation.