Continuace issues

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.

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

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

  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.