Pleasanton, TX Divorce Law Firms & Lawyers

Yes, you can file an emergency motion for continuance at any time, including three days before your trial begins.  You will need to describe in detail the emergency and support the factual allegations with an affidavit or declaration.The fault issues and domestic violence issues should be raised in your pleadings and do not need to be raised in the motion unless they are germane to the emergency requiring a continuance.  To be clear, only learning recently that you have grounds for a fault-based divorce based on past conduct you witnessed or experienced does not constitute an emergency.  Past domestic violence that you experienced or witnessed, similarly, does not constitute an emergency.An example of a good ground to support an emergency motion for continuance might be that you have recently been hospitalized and do not expect to be released from the hospital before your trial is scheduled to begin.  If you have been hospitalized because of a recent domestic violence incident, then that incident would be germane to the emergency.

If you purchased the car during your marriage, it is most likely community property regardless of being registered solely in your name.  Reporting it stolen probably will not be an effective way to get it returned.You should ask your divorce attorney to request temporary orders in your divorce proceeding awarding you the exclusive use and possession of the car during the pendency of the case.  If he refuses to return it then, your attorney can file a motion for contempt against your husband.  That is likely to be a far more effective way to get it returned.  Once you have been awarded the exclusive use and possession of the car by the divorce court, law enforcement may be willing to help you because his refusal to return it could be prosecuted as theft.  In my experience, police won't necessarily bring charges, but will stand there with you while you take the keys and drive away to keep the peace between you and your husband.

The judge will expect the parties to abide by the terms of the decree. If the terms of the decree are unclear, the judge can enter additional orders to clarify and enforce the decree.