Posted by Nydia Streets of Streets Law in Florida Florida Divorce

When a party’s attorney withdraws from representation before trial, is this a basis for the court to grant a continuance of the trial? The answer depends on many factors, but generally, a court has discretion in determining if a continuance should be granted. This was one issue in the case Belanger v. Belanger, 4D21-1243 (Fla. 4th DCA February 16, 2022).

Shortly before the trial date set in her divorce case, the former wife agreed to the withdrawal of her attorney. Her request for delay of the trial was denied, and trial went forward. The trial court made determinations regarding equitable distribution and alimony. The former wife appealed the denial of her request for continuance, the equitable distribution determination and the alimony judgment.

As to the continuance, the appellate court held “Here, appellant stipulated to the withdrawal of her attorney shortly before trial, even though she had not secured a continuance, the trial court had a strict continuance policy, and the case had been pending for over eight months. In addition, appellee was pro se, and thus had no advantage over appellant. On this record, we cannot say that the court abused its discretion.” The court further held that the record below showed the parties were each able to question each other extensively about assets, debts and income, and therefore the court did not err in its equitable distribution or alimony determinations.

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