I've had a hearing scheduled that stems from my divorce. I live in Europe but have only been given two weeks before I have to appear. I don't have the money for a ticket and won't for another month. It seems unfair for them to tell me to get from here to there in two weeks. If I cannot do it - and I cannot - I am going to lose since I cannot defend myself. Is there any solution for this?
In general, if there is a scheduled hearing then you have to appear. If one cannot appear on the date and time in question, a request for a continuance is filed with a date that has been cleared with the court and the other parties to the case. The court will then consider whether or not to grant the continuance. This is just a general statement. Talk to your attorney about your specific case.
This answer is for general purposes only and does not establish an attorney-client relationship.
You should file a Motion For Continuance right away, and ask for additional time to hire and attorney or be able to appear in court. If your case is in Lucas County Domestic Relations Court, you can find a fillable Motion For Continuance form on the court's website, or try this link. (http://www.co.lucas.oh.us/DocumentCenter/View/47476/Motion-for-Continuance?bidId=)
You will need to submit the Motion to the court, and also to the attorney for your spouse (or to your spouse if unrepresented).
If the upcoming hearing is actually a pretrial, you may be able to get permission from the court to appear by telephone. However, if it is your final hearing/trial, you must be present for that court date if you intend to present evidence and testimony.
Best of luck to you.
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