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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32325
Experience:  Began practicing law in 1992
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I am trying to write a motion of a divorce hearing/trial

Customer Question

I am trying to write a motion for continuance of a divorce hearing/trial because of unforseen medical issues/hospitalization and because my attorney and I agreed to part ways and I'm currently unrepresented. I am looking for a template to file the motion for the continuance. I've already done the praecipe to put it on the scheduling docket which is required here in Loudoun county, Virginia but I have to submit the motion with it. Does anyone have a template for this?
Submitted: 4 months ago.
Category: Legal
Customer: replied 4 months ago.
I also cannot currently afford a new attorney.
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

We're actually not allowed to provide forms but I can tell her where to get one if that will be sufficient. I've run online searches and haven't found any that are good.

Customer: replied 4 months ago.
are you saying that there isn't any good ones to use? I've also searched and cannot find any.
Expert:  Dwayne B. replied 4 months ago.

I found a couple of them that are workable. Virginia has had this problem for years, they have a ton of forms online just not the ones that are used most often. However, here are two examples:

http://www.bedfordmuni.org/documents/MotionforContinuanceCV.pdf

http://hanovercounty.gov/CM/General_District_Court_Continuance_Form.pdf

Continuances are actually very simple. In addition to these you would want to attach an affidavit stating that the information in the motion is true and correct, that you are over the age of 18, etc.

Another good source is to go the clerk of courts office and ask for a file where one has been filed by an attorney and then get a copy of it and use it as a guide. Almost all files are public records and you may have to pay a few dollars for a copy, but there shouldn't be an issue getting it. That's where lawyers go to get forms for things that they've never done before. When I was clerking I did that to get the first set of medical malpractice discovery I ever drafted.

You can also go here and find an affidavit form:

http://google.virginiainteractive.org/courtssearch.html?cx=006541648125353085856%3Auv2vvymdhqm&cof=FORID%3A10&ie=UTF-8&q=affidavit&sa=Search+this+Site&siteurl=http%3A%2F%2Fwww.courts.state.va.us%2Fforms%2Fhome.html

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