Dec92025
Family Law Q&A Series

How can we request a continuance for a divorce hearing when the other side just changed the type of divorce right before court? – North Carolina

Short Answer

In North Carolina, a party can ask the district court to continue (postpone) a divorce hearing by filing or making a motion to continue and showing “good cause,” such as a last-minute change in the claims or type of divorce that affects trial preparation. The judge has discretion to grant or deny the request, and will look at fairness, notice, and whether going forward would risk a miscarriage of justice. The safest practice is to file a written motion as soon as the change is discovered and be prepared to argue it at the calendar call or start of the hearing.

Understanding the Problem

The narrow question is: in a North Carolina family law case, how can a party ask the court to continue a scheduled divorce hearing when, shortly before court, the other side changes the nature of the divorce claim (for example, from a simple absolute divorce claim to additional or different divorce grounds or related relief)? The concern is whether the court will proceed as scheduled or allow more time to prepare for the newly raised issues.

Apply the Law

Under North Carolina law, divorce and related family law matters are heard in the district court division. The court controls its calendar and may grant continuances for “good cause,” focusing on fairness and whether the parties have had reasonable notice and time to prepare. In family law practice, judges expect parties to raise all requested divorce grounds and related claims in the pleadings with adequate advance notice, and late changes that materially expand the issues can justify a continuance if they create real prejudice.

Key Requirements

  • Good cause: The party asking for the continuance must explain specific, concrete reasons why the hearing should be postponed (for example, new grounds or claims that require more preparation or discovery).
  • Timely request: The motion to continue should be made as soon as the problem is known, typically by written motion filed with the clerk and served on the other side, and renewed orally at calendar call or when the case is called.
  • No undue prejudice or delay: The court weighs the need for additional time against any harm from delay, and considers whether denying the continuance would risk unfair surprise or a miscarriage of justice.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With no specific facts given, consider a neutral example: a case is set for an uncomplicated absolute divorce, but a few days before the hearing the plaintiff amends or notices the case in a way that effectively changes the type of divorce or adds complex grounds or related relief that were not reasonably expected at that setting. A party in that situation can argue good cause for a continuance based on lack of adequate notice and preparation time, emphasizing that proceeding as scheduled would be unfair and could risk a defective judgment. If, by contrast, the change is only a clarification that does not affect the evidence or preparation, a judge may find no good cause and proceed.

Process & Timing

  1. Who files: The party needing more time. Where: In the existing divorce case in the District Court Division of the General Court of Justice in the county where the case is pending. What: A written “Motion to Continue” or “Motion for Continuance” explaining the late change in the type of divorce or grounds, why additional preparation is needed, and any specific prejudice. Attach any supporting documents if helpful. When: As soon as the late change is discovered, and, at the latest, before or at the time the case is called on the calendar.
  2. Serve the motion on the other side using the usual civil rules (mail, hand delivery, or as allowed by Rule 5). Plan to argue the motion briefly at calendar call or when the judge calls the case. Be ready to explain what changed, what additional preparation or discovery is needed, and propose a reasonable new date.
  3. If the judge grants the continuance, the court will select a new date and may enter a written order or note the ruling in the court file. The party seeking the continuance should comply with any conditions the judge sets (for example, deadlines to complete discovery or file amended pleadings) so the matter can proceed on the new date.

Exceptions & Pitfalls

  • Judges may deny continuances if the change in the type of divorce or grounds does not materially affect what evidence must be presented, or if the party requesting the continuance has previously delayed the case.
  • Waiting until the hearing is well underway before objecting to the change and asking for a continuance can be treated as a waiver of notice objections and make a continuance less likely.
  • Local district court rules often require written motions to continue by a set cutoff date and may restrict agreements between lawyers about continuances; failure to follow those rules can lead to summary denial of a late motion.
  • If the other side expands the case to add claims such as alimony, equitable distribution, custody, or support, additional statutory notice rules may apply, and a party should raise both the lack of notice of the new relief and the need for a continuance.

Conclusion

In North Carolina, a party who faces a last-minute change in the type or grounds of a divorce before a scheduled hearing should promptly request a continuance from the district court and show specific good cause, focusing on lack of fair notice and the need for time to prepare. The judge has discretion, but must balance calendar control with basic fairness and due process. The most important next step is to file a written motion to continue in the pending divorce case and be ready to argue it at the next calendar call or hearing.

Talk to a Family Law Attorney

If a last-minute change in a North Carolina divorce case is creating confusion about how to request a continuance, our firm has experienced family law attorneys who can help explain the options, local rules, and deadlines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.