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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4779
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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My husband has surprised me and sued me for divorce. I filed

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My husband has surprised me and sued me for divorce. I filed my "answer to complaint," and in it, asked for a continuance. I waited too long to hire an attorney, first hearing is tomorrow, and attorney I intend to hire advised me to ask for a continuance. I have written a letter to present to clerk before we commence asking for this. Should I do anything else? Thank you.

texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

Did you serve a copy on your husband? Does your husband have an attorney?

Customer:

I did serve my answer to husband's attorney, to husband, and also filed it in court. My husband hired an attorney to get all this started and remains in close consultation with him.

texlawyer :

Did you serve a copy of the motion for continuance on your husband's attorney? Your letter will likely be construed as a motion for continuance?

texlawyer :

In other words, do they know you are going to be asking for a continuance?

Customer:

I included request for continuance in my answer to complaint, which was served 10 days ago. Neither the attorney nor the court has indicated they are or are nor okay with this request. I plan to take a second letter asking for continuance to court tomorrow.

texlawyer :

If you immediately requested it and explained your reasons, you've done the right thing. At the hearing, you don't need to file another letter, but you should orally re-urge your motion and clearly explain that you are in the process of hiring your attorney.

texlawyer :

You should explain to the judge that you do not wish to proceed pro se (without a lawyer).

Customer:

My reasons have changed. In initial answer to complaint, I asked for a continuance to try to work out differences with husband and resolve our problems to avoid divorce. In second letter ai wrote tonight, zi am more emphasizing realization that I need a lawyer there.

texlawyer :

OK. That should not make a difference. In reality, judges normally would rather a litigant have an attorney. It makes the process smoother.

Customer:

So, it sounds like you think I have done okay. I do not want to waste court's time. I will get my lawyer on board. Thank you. You are helping me get ready to at least begin to rest.

texlawyer :

You

texlawyer :

You've done exactly what any attorney would have done.

Customer:

Thank you so much. Sounds like tomorrow should go okay. Bless you.

texlawyer :

Glad to help.

texlawyer :

If I can't do anything else for you, please remember to "rate" my answer. Good luck.

Customer:

Glad I found you. Keep up good work!

texlawyer :

I hope things work out for you tomorrow. Also, if you have any questions in the future, you can direct them to me by putting "this question is for TexLawyer" in the title.

texlawyer :

If I can't help you with anything else tonight, please remember to "rate" my answer. Have a good evening.

Customer:

Okay. Will do. Thanks again.

texlawyer :

Good luck tomorrow!

texlawyer :

Is there something else I can do for you?

Chris T., JD and 2 other Family Law Specialists are ready to help you

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