How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Tutor, Esq. Your Own Question
Law Tutor, Esq.
Law Tutor, Esq., Lawyer
Category: Family Law
Satisfied Customers: 165
Experience:  N/A
Type Your Family Law Question Here...
Law Tutor, Esq. is online now
A new question is answered every 9 seconds

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: 9 months ago.
Category: Family Law
Expert:  Law Tutor, Esq. replied 9 months 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.

Your satisfaction is my goal, and I'm happy to answer any follow-up questions you may have.

If you have no further questions, please do not forget to leave positive feedback (click on the 5 stars at the top of your page), as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

There is no additional charge to you for rating me.

A bonus is not required but is always appreciated.

Customer: replied 9 months 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 9 months ago.

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

Expert:  Law Tutor, Esq. replied 9 months 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 9 months 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 9 months 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 9 months 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 9 months 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 9 months 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 9 months 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.