I need to file a continuace in my divorce case so I can hire an attorney

Business 2 views 3 answers
Hi, I need to know how to file a continuace in a divorce case. When my ex and I split, we had agreed to be civil and just do a joint dissolution. Well he went behind my back and hired a lawyer and is trying for custody and child support of our daughter. I just got that paperwork yesterday, and we have a hearing to schedule the rest of our court dates on monday morning, and i need to file a continuance so that I can get an attorney.

Attorney Answers

3
Mark Mackin ·
Use the court caption on the documents. Label the request a Motion for Continuance. Explain in plain English why you now need a lawyer when you did not anticipate having to hire one. Ask for as much time as you think you will need x 2. File it immediately by fax and follow up with original to the clerk in 5 days. Serve a copy on your ex' atty by same methods as you file and include a certificate of service to that effect. The court may hold the scheduling hearing anyway, just to get things rolling. But your motion may give you the basis to request an extended schedule to the first deadline, which amounts to the same thing as a continuance. Nothing material should be decided in a scheduling hearing. Object if something happens you do not understand. Good luck.
0 upvotes
Brian Arnold ·
If you do not get it done and have to go to the hearing I would explain the situation to the judge and see if they would reschedule the hearing to allow for you to get an attorney.
0 upvotes

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