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

Dear Chadd,

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

Family Division


Case No.:____________________


Petitioner

VS.

Respondent
_____________________________/


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: __________________________

Name: _________________________________

Address: ______________________________



Dated: ________________________________

_______________________________________

Signature, pro se

Printed Name: _________________________

Address: ______________________________

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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Just Got Served Divorce Papers
by: Glenn from Kissimmee

I'm not financially able to get a Florida Lawyer. I have temporary custody of my 3 children. My wife was ordered to pay child support of $1,200 a month and she has not paid a dime. I have 20 days to respond to the received divorce papers. Can I write to the court to give me more time to get Legal representation?

--You could ask for more time in your Answer, just be sure to file your Answer before the 20 days elapse. --Staff

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