Filing For Continuance in Divorce Case
by Chadd from Ohio
I am in Ohio and my said wife has filed for dissolution of marriage with a minor child in the state of Florida.
I am pressed for time and have no money.
How can I properly petition for a continuation of the set court date?
I contacted the clerk of courts and they told me they can not give me any legal advice on how to petition for continuation. What are the steps?
Answer to Florida Divorce Question
I’m so sorry that the clerk of court wouldn’t help you. It is simple.
There are many family law forms for pro se litigants on the Florida Supreme Court’s website, www.flcourts.org.
However, there is no form for a general motion.
The following is a sample form for a general motion.
If you began the case as the Respondent, you remain the respondent throughout.
Sample Motion Form
IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT,
IN AND FOR ________ COUNTY, FLORIDA
PRO SE MOTION TO: _________________
COMES NOW the ___________________ and moves this Honorable Court to:
The reason for this request is:
I HEREBY CERTIFY that a copy hereof has been furnished by _______ mailed; ______faxed and mailed; hand delivered; to the persons listed below on _________ day of __________ 20 ____.
Other Party: __________________________
Signature, pro se
Printed Name: _________________________
City State Zip: _______________________
Telephone No.: ________________________
End Sample Motion Form
I suggest that you change the title from simply "Pro Se Motion" to Motion for Continuance. Then state what you are asking the court to do (re-schedule your hearing); then state your reasons for needing it to be re-set.
You can copy and paste the above into your favorite word processor or text editor. Be sure it is properly formatted before you print it out.
Is it too expensive to come to Florida to appear? It is also very likely that no one told you that you may be able to appear telephonically.
Use the same format to prepare a Motion For Telephonic Appearance, so that you do not need to travel from Ohio.
You can use our Petition Preparer service. We can create a custom Motion for Continuance form to your specifications and have it completed for you, too! Just ask us for a free quote.
Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.
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