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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  Attorney with experience in family law.
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I just was served a summons this morning upon returning from

Customer Question

I just was served a summons this morning upon returning from a trip out of state. The hearing is tomorrow at 10am! I have hired an attorney who cannot be present as he has another court case the same time. He told me to just ask for a continuance to be able to confer with legal respresenation. The hearing is for an Order of Protection against Stalking that my ex-spouse is alleging all of which I can prove is just ridiculous. In any case, will the continuance be fairly automatic? My attorney wants to be present for the hearing to contest the Protection Order and also the initial uncontested divorce hearing. I was served with the divorce petition today as well, and that hearing is on November 28th, which is just 10 days away! I live in Johnson County, Kansas.
Submitted: 22 days ago.
Category: Family Law
Expert:  Lucy, Esq. replied 21 days ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Because you were just served with the notice last night, there is a good chance the continuance will be granted. It may help to bring evidence of your trip with you, including a boarding pass, receipts for any plane fare, gas receipts, rental car, hotel - whatever you can get. Even if it's just showing that you made purchases on your debit card at a fast food place out of state, evidence that you not in town helps with your request.

You can also request a continuance on the divorce petition, and that will likely be granted - but the first hearing in a divorce case is usually just a status conference. The parties go in, tell the judge if they think they'll be able to reach a settlement or if they need discovery from the other party. Then the judge either orders another status conference or sets a trial date.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 18 days ago.

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