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Law Tutor, Esq.
Law Tutor, Esq., Lawyer
Category: Family Law
Satisfied Customers: 163
Experience:  N/A
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I filed for divorce pro se, but my wife has not signed the

Customer Question

I filed for divorce pro se, but my wife has not signed the waiver of notification and my case is about to be dismissed. I need help with a motion for continuance? Is that rigt?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: In Texas.
JA: Has anything been filed or reported?
Customer: not by her.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I filed a motion to give notice by posting, but in order to avoid an attornty ad litem, I am still trying to get a waiver or service.
Submitted: 1 month ago.
Category: Family Law
Expert:  Law Tutor, Esq. replied 1 month ago.

Hello. I am an attorney with experience in multiple jurisdictions and I look forward to assisting you today. Note: (1) If you want legal advice, please consult with a local attorney before acting or deciding not to act; information given here is for educational purposes only; (2) No specific course of action is proposed and no attorney-client relationship or privilege is formed herein; and by continuing, you confirm that you understand and agree to these terms and other site disclaimers. You may file a Motion for a Continuance and ask the judge to give you more time to get your spouse to sign a waiver. If that doesn't work, have her served and then she will have 21 days to file an answer. I know you are trying to get divorced in the most simplistic fashion, but if she won't sign the waiver, you will need to have her served. In the meantime, maybe the judge will entertain a motion for a continuance for you. You may want to call the clerk's office to see how the judge normally would handle this. I hope this helps.

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Customer: replied 1 month ago.
Is there a sample Motion for Continuance online? Or can I upload what I have written up to be reviewed and any errors pointed out?
Expert:  Law Tutor, Esq. replied 1 month ago.

Hold on please. Let me see what resources I can find for you.

Expert:  Law Tutor, Esq. replied 1 month ago.

Here is a sample continuance form. You will need to tweak it to tailor it to your needs. Good luck to you.

Customer: replied 1 month ago.
OK. Thank you. I have this form. I would be the plaintiff? not defendant. If she does not sign the wavier and I can not have her served, I will have to file a motion to appoint a lawyer ad litem (due to real estate). Is there a sample form for that? No Kids.
Expert:  Law Tutor, Esq. replied 1 month ago.

Here is a link - you may be able to use this as a guide. You may want to ask the clerk's at the courthouse if they have a sample form or try your local law library. I hope this helps.

Expert:  Law Tutor, Esq. replied 1 month ago.

Also, I don't know where you are in Texas, but in some counties, such as Harris County, you can get an ad-litem waived. Most courts do not waive this requirement. Again, you should probably go ahead and have her served. She may still make an appearance after being served and maybe the court will dispense with the need for an attorney ad litem.

Expert:  Law Tutor, Esq. replied 1 month ago.

Do you have any additional related questions? If not, can you please press a positive rating above in the star rating section so that I will be paid for my time assisting you today. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star in the rating section above so I do appreciate a positive rating before you leave the website. THANK YOU VERY MUCH

Customer: replied 1 month ago.
I believe the motion that I suggested initially is not correct. Should not I file a "Motion to Retain Case on Docket" ?
Expert:  Law Tutor, Esq. replied 1 month ago.

You are pro se, so the courts will give you some latitude. Perhaps filing both motions (just in case) would be a good idea. Attached is a sample Motion to Retain Case on the Docket. Contact the clerk's office and ask them which form of motion is normally used in their court under these circumstances. The clerks are very helpful. Although they cannot give you legal advice, they can give you direction. I hope this helps. Please don't forget to give me a positive rating so that I may be compensated by the site for help you today. Good luck to you.

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