How Often Do Texas Judges Grant Continuances in Divorce Cases

Key Takeaways

• The decision to grant a continuance in Austin generally depends on whether there is good cause.
• If you are asking how to get a continuance in a Texas divorce, you need to explain why more time is necessary and follow the court’s procedures.
• There is no fixed answer to how many continuances are allowed in a Texas divorce, and prior requests can affect another request.

What Is a Continuance in a Texas Divorce Case?

A continuance is a request to postpone a scheduled court hearing, trial, or other proceeding to a later date. In an Austin divorce case, a party may request a continuance when additional time is needed to prepare or address circumstances that make it difficult or impossible to proceed as scheduled.

A continuance does not end or dismiss the divorce case. Instead, it gives the parties additional time before the court moves forward with the matter. Whether the request is granted depends on the circumstances and the legal requirements that apply.

Do Austin Judges Frequently Grant Continuances in Divorce Cases?

If you have a divorce hearing or trial coming up and don’t feel ready, you may be asking how to get a continuance in a Texas divorce. Texas Rule of Civil Procedure 251 requires sufficient cause supported by an affidavit, consent of the parties, or another legal basis in order to obtain a continuance.

So, how often do Texas judges grant continuances? There is no statewide percentage or guaranteed answer. Each request is considered on a case-by-case basis. How to get a continuance in a Texas divorce truly just depends on the circumstances of each case.

How to Get a Continuance in a Texas Divorce

If you are researching how to get a continuance in a Texas divorce, start by identifying why you cannot reasonably proceed on the scheduled date. You generally need to file a motion explaining why additional time is necessary. If your spouse agrees, an agreed continuance may be easier to present to an Austin court. If not, you may need a hearing.

When deciding how to get a continuance in a Texas divorce, be prepared to:

• Explain why you need more time.
• Provide supporting facts or documents when appropriate.
• Show that you have made reasonable efforts to prepare.
• Follow filing and notice requirements.
• Be prepared to proceed if denied.

Waiting until the last minute can make it harder to show that the continuance request is necessary.

What Are Valid Reasons for a Continuance in a Texas Divorce Case?

Valid reasons for a continuance in a Texas divorce case may include inadequate notice, the need for important evidence, or the need for additional time to obtain legal representation. Texas Rule of Civil Procedure 252 also addresses requests involving missing testimony. One party may need to explain why the testimony matters and what efforts were made to obtain it.

Other valid reasons for a continuance in a Texas divorce case may include:

• Not receiving sufficient notice of the hearing.
• Needing additional time to hire an attorney.
• Needing important documents or evidence.
• An unavailable witness whose testimony is important.
• Other circumstances that provide sufficient cause.

If you are wondering what are valid reasons for a continuance in a Texas divorce case, remember that inconvenience alone may not be enough. An Austin judge will consider why the delay is necessary and whether you have taken reasonable steps to prepare.

How Many Continuances Are Allowed in a Texas Divorce?

A common question is how many continuances are allowed in a Texas divorce. There is no set number across the board. Instead, an Austin judge will look at the circumstances surrounding each request, including why the additional time is needed and whether a continuance has already been granted.

If one spouse has already received multiple continuances, the judge may take a closer look at another request. An Austin court may also consider whether delaying the case would unfairly affect the other spouse or create unnecessary delays in the divorce process. How many continuances are allowed in a Texas divorce ultimately depends on the situation.

Can a Judge Deny a Continuance in a Texas Divorce?

Yes. Even when you believe you have a good reason, the judge can still deny your request. An Austin judge may be less receptive when a request appears designed only to delay the case, when the party has not been diligent, or when the court has already granted a prior continuance.

If you are unsure what are valid reasons for a continuance in a Texas divorce case, an experienced Austin family law attorney can help evaluate your situation and advise you on how to move forward. 

Work with Experienced Austin Divorce Attorneys

If you are trying to determine how to get a continuance in a Texas divorce, it is important to address the issue as early as possible rather than waiting until the day of your hearing. Understanding your options in advance can help you prepare and determine the best way to move forward with your case.

If you are wondering how many continuances are allowed in a Texas divorce, there is no one-size-fits-all answer. Likewise, determining what are valid reasons for a continuance in a Texas divorce case depends on the specific facts and circumstances involved.

At Deyerle Silva Smith, PLLC, our experienced Austin divorce and family law attorneys help clients understand their legal options and prepare for important court proceedings. Contact our team today to schedule a consultation and discuss the specific details of your case.