A common source of anxiety for anyone going through a divorce is the uncertainty of how long the process will take. This is a legitimate concern, as social science research indicates that a prolonged divorce can have significant negative impacts. A 2011 meta-analysis involving 6.5 million people and another in 2012 covering 600 million people found that divorced adults experience a 20-30% increased risk for early death relative to their married counterparts. This risk is comparable to other public health risks such as obesity or excessive alcohol intake. The stress and anxiety from the process can also negatively affect work outcomes over time.
Why Does It Take So Long?
Despite the desire for a quick resolution, there are often important reasons to continue a case to ensure a fair and just outcome. In Illinois, 735 ILCS 5/2-1007 and S.Ct. Rule 231 identify specific circumstances that allow for a continuance, such as the absence of material evidence, military service, or conflicts with religious holidays. A court may also grant additional time for “good cause shown”, on a need basis.
Illinois courts have provided some guidance on what constitutes “good cause,” noting that a continuance should be granted when proceeding to trial would severely prejudice a party’s rights or interests. For example, in Robinson v. Thompson, a plaintiff’s case was dismissed with prejudice after her counsel was unable to appear for a trial due to a conflict. The appellate court reversed the decision, stating that barring the plaintiff from her “day in court” was an abuse of discretion, especially when the party requesting the continuance was not at fault and the denial prevented them from having prepared counsel.
In other words, imagine you have a court date for a car accident, and your lawyer has a conflict and can’t be there. The court dismisses your case forever. A higher court reviewed that decision and said it was unfair. They ruled that since you weren’t at fault for your lawyer’s absence, and the dismissal prevented you from ever having your case heard, the court’s action was wrong. In short, you shouldn’t be punished for something your lawyer couldn’t control.
There are legitimate reasons to continue a case. Vollentine v. Christoff and Reecey v. Reecey are key Illinois appellate court cases that provide examples of when a judge’s refusal to grant a continuance is considered an abuse of discretion. In these cases, the appellate court found that the trial judge made a mistake by not allowing a continuance, which ultimately hurt one of the parties.
Specifically, the rulings established that a continuance should have been granted when:
- The party requesting it was not at fault.
- The denial of the continuance prevented them from having a key witness testify or from being represented by a prepared lawyer.
The court in Reecey v. Reecey highlighted that a trial judge’s decision can be overturned if it’s so severe that it “forever bars” a person from having their day in court. This shows the importance of ensuring a fair process, even if it means delaying the trial.
Military service is another case-pausing protection for service members involved in family court. The Servicemembers Civil Relief Act is a federal law that protects military members from legal issues while they are on duty. This law also applies to people in the military reserves. Because of this law, if a person in the military reserves is called to duty, they have the right to ask a court to pause or delay their legal case—like a divorce or another civil lawsuit. This is to ensure their military service doesn’t negatively impact their rights in court.
An Illinois case, In re Marriage of Brazas, confirmed this, stating that a reservist could seek a stay of proceedings because of their reserve duty.
KHK’s Approach: Strong Litigation
At KHK Law, we understand that while a swift resolution is important, a fair and comprehensive outcome is paramount. That’s why we always try to resolve cases through negotiation and mediation as soon as possible whenever we can do so while securing an excellent deal for our client. Our goal is to minimize the time, financial cost, and emotional toll associated with divorce litigation while ensuring that your rights and interests are fully protected. Our firm’s founder, a former high school teacher and clinical social worker, founded the firm with the idea of significantly reducing the psychological fallout of these cases for our clients, whenever possible. By focusing on efficient negotiation, we aim to help you move forward with your life in a timely and secure manner, saving you time, money, and mental health.
Contact Us
Contact KHK Law today for a free consultation to discuss your divorce case and learn how we can help you achieve a fair and timely resolution.
