Delaying a hearing


#1

My husband is trying to get divorced quickly because he has a girlfriend. We have been separated several times, but we never were separated by more than a few months. He is counting time from previous separation periods and making it look as if we had been separated for more than three years. This is a lie, but he filed for an absolute divorce and is trying to make it move forward. When we were separated before I moved to live with my mother in California. He claims that I live there, but had me served at the marital home (which is in the name of both of us but he pays the mortgage).

To make things worst, I have to leave the home to go for a trip with our grown up son, who is on vacation from college. We have planned a family vacation to the West Coast and Canada and my husband was coming as well. We have airfare, hotels, everything set up and planned. He may even show up for the trip.

Now the question. I have been served the divorce papers, and I need to respond. I want to challenge his claim that I am NOT living with him. I don’t want to cancel my trip, and I want to respond within the 30 day period but I don’t want a hearing to be scheduled during my trip. Is there anything I can do to have the hearing delayed for at least two months? While going to CA I was planning to stop by my mother’s place, and pick up some documentation showing dates I was there to help me make my case. Can I file a request for a continuance even though a hearing date has not been set by the court?


#2

You will need to file an answer which denies that you separated on the date he alleged, and that states you are presently still living together. You may submit a Motion to extend time to file your answer, and the clerk will issue an order that gives you an additional 30 days to respond to his complaint (for a total of 60 days).