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Delta-Lawyer, Attorney
Category: Family Law
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I am going threw a divorce. I have filed a motion

Customer Question

I am going threw a divorce. I have filed a motion for contemped of court a nd temporary relief. My hearing is today at 2pm. I was homeless and had to move out of florida where the case is and move in with my daughter in. Newyork so iam not able to attend what can i do at this point.
Submitted: 5 months ago via Cornell Legal Info Institute.
Category: Family Law
Expert:  Delta-Lawyer replied 5 months ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of experience. It is a pleasure to assist you today. There is really not much you can do here. I would recommend that you call the court and ask for a continuance and explain that you are not able to attend today through no fault of your own. You can state that if the court can have a telephonic hearing, you can call in and the hearing can be conducted in that manner (essentially a conference call). Some courts will allow that in limited circumstances. Otherwise, if you cannot be there and do not call, the court will rule against you by default. So, the best method is to reach out to the court and seek a continuance. Let me know if you have any other questions. Please also rate my answer positively (THREE or More Stars). Best wishes going forward!
Customer: replied 5 months ago.
Can i request a continuance over the phone or does it have to be in writing
Expert:  Delta-Lawyer replied 5 months ago.
You can verbally request it and then you will have to likely put something in writing and they will allow you to scan/email or fax the motion in to the court. If you can convince the attorney you are facing to allow this continuance, the court is much more likely to accept it. If this is the first continuance request, most attorneys will agree as well.
Customer: replied 5 months ago.
What from do i need to file the continuance.
Expert:  Delta-Lawyer replied 5 months ago.
Here is a motion (actually from a Kansas court system), but it will work just fine when you change the court to the necessary one here. Motion for Continuance is pretty standard form across jurisdictions. Let me know if you have any other questions and please rate my answer positively. Thanks!
Expert:  Delta-Lawyer replied 5 months ago.
Did you have any other questions?
Expert:  Delta-Lawyer replied 5 months ago.
Just checking in this morning to see if you have any additional questions or comments. I want you to be as comfortable as possible moving forward. Thanks

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