I generally consent to my adversaries’ requests for adjournments.
Every so often, a client will question my doing so.
“Why are you going to make their life easier?” The client wonders.
In certain counties, where the average divorce litigation takes at least a year, an adjournment can be seen as an unnecessary conciliation. “Hasn’t this divorce gone on long enough already.”
For those readers unfamiliar with the court process, an adjournment request is essentially a request for a certain court appearance or procedure to be delayed, generally one to two weeks.
So why do it? Why consent to a request? Here are the three major reasons for why I generally consent to adjournment requests:
1) The Court Will Likely Grant the Adjournment Request Anyway – There is so much to contest in a divorce, so why fight smaller issues that likely can’t be won? It’s usually simply a waste of the Court’s time and the client’s money. There are certainly more productive ways to proceed.
2) You Don’t Want to Have You And/Or Your Client Come Across as Unreasonable – It behooves you as an attorney or as a client to appear reasonable and logical at all times. Fighting over scheduling issues generally comes across as petty or unreasonable. This can hurt your reputation and therefore your case. Fighting a reasonable adjournment request can become a poison pill–unnecessarily harming your chances at an expeditious and fair settlement.
3) You May Need an Adjournment of Your Own Someday – Scheduling problems arise. Issues occur and the unexpected becomes reality. If you fought your adversary when they requested an adjournment, it is likely that they will reciprocate if and when you need an adjournment.
My opinion is that the big fights should be reserved for the big issues. If a big fight can be avoided entirely and an equitable result crystalized, then all the better.
Although there are instances where consent to an adjournment likely should be withheld (ex’s: to avoid a substantial injustice or when multiple or improper use of adjournments occur), more often than not, it is best to consent to an adversaries’ adjournment request.
In my opinion, there’s nothing wrong with seeking some good divorce litigation karma.
Your New Jersey Divorce Lawyer:
If you’re considering a New Jersey divorce or Family Law action contact me to discuss your options. You can schedule an initial consultation by calling my office at 908-237-3096 or by scheduling your own divorce consultation online by clicking here.