Ongoing Continuances

Ok we’ve hit the 2 year mark on filing for divorce. We’ve only gone before the judge for temporary CS and PSS and a show cause in the last 2 years. Payments are still behind and the only way to get payments is if we actually are going to court the week of. We do have ED, alimony and CS to trial for. I understand the courts were recouping from COVID, but is that still the case. We’re on our 7th and 8th setting. Is this normal? Is there anything I can do to push for payments? Anything I can request from my lawyer to push for our case to actually happen?

Unfortunately this is not unusual. Court dockets in all counties are too full and there is not enough time, courtroom, and judges to hear every case that needs to be heard timely. This was the case pre-Covid as well.

Other than filing motions for contempt and ensuring that all parties and attorneys are available on a continuance date, there isn’t much you can do to ensure you are heard as you are at the mercy of the court schedule and the judge’s calendar.

In some instances you may be able to file a motion for a temporary restraining order and preliminary injunction to force the other party to do something, and these must be heard more quickly, but this is not always an appropriate remedy.

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

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.

Thank you so much Anna. This helped to understand and reassure my confidence in my attorney.