My divorce trial is in two weeks i haven't had the $ hire a new attny. Me and my ex are tring to work out some terms on our own about shared parenting.
1) can I postpone the trial date with out an attny? If so how and what should be said?
2) can the court not allow me to set a later date?
>1) can I postpone the trial date with out an attny? If so how
>and what should be said?
Are you and your ex actually in agreement about postponing the hearing?
>2) can the court not allow me to set a later date?
Yes, the court can force the hearing to occur.
We are in agreement on moving the trial date back.
1) what do we need to do to get this pushed back?
>We are in agreement on moving the trial date back.
>1) what do we need to do to get this pushed back?
Some jurisdictions have court required forms for standard motions/pleadings. If yours is not one of those jurisdictions, then the following will work:
(text assumes that you are Petitioner -- if not, then replace with the appropriate designation. also assumes that you know how to format a typical pleading for your court, i,e., court name, parties, case no., margins, etc. Make sure you get it notarized, so that the court knows that you are both in agreement as to your request)
Joint Motion for Continuance
Petitioner, YOURNAME, and Respondent, EXSNAME, both in propria persona, hereby appear and jointly move that the court order the hearing now set for ??/??/???? at ??:?? ?M, continued for ?? days, on grounds that the parties believe that they can reach an amicable settlement of the matters currently at issue before the court.
By: ______________
YOURNAME
Petitioner, Pro Se
STREET
CITY, STATE ZIP
CONTACTFONE
Acknowledged before me, this ___ day of April 2005,
By: _____________
NOTARY PUBLIC
My commission expires: _________
By: ______________
EXSNAME
Respondent, Pro Se
STREET
CITY, STATE ZIP
CONTACTFONE
Acknowledged before me, this ___ day of April 2005,
By: _____________
NOTARY PUBLIC
My commission expires: _________
-----------------------------------------------------------------
Order on Joint Motion for Continuance
The Court hereby Orders that the Parties' joint motion for a continuance be:
_____ Allowed, and the hearing, currently set for ??/??/2005, be continued until ____________ (date), at ______ (time).
_____ Denied.
Dated, this ____ day of _____, 2005
By: ___________
Judge