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Will the court work around my schedule in a family law case?

Posted on May 12, 2016 at 4:57 PM
No. The courts will not work the court dates around your schedule. One of the things I tell my clients to prepare for is losing vacation days. You will have to take time off work. Your work likely doesn't have vacation days for this particular purpose. There are a few that do, but most do not. If you schedule a vacation, get insurance on it so that you can move your dates around. Also, it is probably best not to take a vacation if you can. If you have limited days off, don't make it so that you have to take unpaid days or so that potentially you could get fired. The judge will see this as poor planning and will not, no matter how much you want it to, change maintenance or child support figures. There really is extremely low tolerance for this. Additionally, not showing up is not a good idea. You are required to be in court for the dates that are scheduled for your case. If you have an attorney, it is possible that they may be able to figure out a way to do some of the less important proceedings by phone with you but you need to have a very good reason for it. Some attorneys tell their clients they better have a coroner's note if they don't show up. I won't go that far, but you better have a doctor's note saying you are extremely unwell.  If your car breaks down, you should have repair documentation for the day of the court date. Keep in mind, a big part of the judge's job is separating liars from truth tellers. They are good at it. For that matter so are attorneys.

This is an extremely serious proceeding and the courts are extremely strict about attendance. This takes precedence over most things.  If you are preparing for a divorce or a modification, build up as many vacation days as you can. If you went through a divorce with children or modifiable maintenance, it is never a bad idea to keep more vacation days than you plan to need just in case going back to court becomes necessary. 

Categories: Blog: General

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