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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33911
Experience:  Began practicing law in 1992
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My wife and I are going through a divorce proceeding. Her attorney

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My wife and I are going through a divorce proceeding. Her attorney call me this evening at 6:11 P.M. That trial is set for tomorrow at 9:00 A.M. . I did not receive any notice from the family court. I represent myself in this case. What are my course of action at this point since it was too late to notify the court of my lack of knowledge for trial ?

The case has been lagging for a while . I am willing but not prepared since the last mediation was over nine months ago.
What should I do at this point ? There was no notification from the court and my wife who lives out of state all of a sudden arrives back in town after three year of Abandonment. We have no communication or contact . She never was present for hearing and prior mediation , however she had counsel to represent her .

What Should I do?

Dwayne B. :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

Dwayne B. :

You will have to prepare and file a written Motion for Continuance alleging lack of notice of final setting.

Customer:

Do I go to the trial tomorrow?

Dwayne B. :

You show up and urge the Motion for Continuance.

Customer:

Urge the motion for continuance due to lack of notification from the courts?

Dwayne B. :

Yes, lack of notice from the court and the other side.

Customer:

The otherside notified me at 6:11 P.M. today. That is not enough time for notification especiallyif my wife had to come from out of state. That means she was notified.

Dwayne B. :

Yes, they have to give more notice than that. Usually at least three days but it can be more than that depending on what else has happened.

Customer:

I appreciate your advice.

Dwayne B. :

You're very welcome. Just so we're clear, yo need to draft a written Motion for COntinuance and present it tomorrow at the court. In it, state when you were informed of the setting and how and ask the court to continue it to give you time to prepare.

Dwayne B. :

Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) by clicking on a rating or a Smiley Face below so I get credit for my work. The experts only get credit from the website when you issue a Positive Rating.

Customer:

I will. Thank you again.

Dwayne B. :

You're welcome. Bye!

Dwayne B. and 2 other Legal Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.