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How do I postpone a bench trial in family law.

Duluth, GA |

This is the first trial I'm assuming its for the divorce and not custody. We will be going through both types im assuming...The trial is in one business week and 2 weekends.

I had previous counsel but ran into financial difficulty and do not have a lawyer right now. During the time with out counsel i tried to contact my wife's attorney in hopes of coming to an agreement.

According to my wife she said we would come to an agreement and that her lawyer was sending the papers soon. She assured me I would get the paper work soon and that lasted for a couple of months. I never got papers and she is still trying to tell me we will come to an agreement and her lawyer will soon be sending the paper work.

Now the trail date has been set and I have no counsel and I do not wish to do this alone.

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Attorney answers 4


The first step is pretty clear - get a lawyer immediately. Make some calls and set up an appointment or two today, or just call the lawyer you had before. The lawyer will handle the rest.


Contact an attorney for advice and representation. If the issues are truly resolved an attorney may be able to finalize all of the issues with the other attorney. If the case is not resolved, I would definately recommend that you obtain representation for the hearing.


You really should not handle a contested divorce pro se, especially since your wife is represented. The court will not grant a continuance without a good reason, such as to give you time obtain another atty. I would do so ASAP and try to work out a payment arrangement for your fees.

Robert G. Rothstein, Esq.

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I agree. You need an attorney. You never want to proceed pro se when the other side is represented. I do not practice in your jurisdiction, but if you absolutely are unable to find counsel I would call the clerk's office and ask them if they can recommend a low-income lawyer or put you in touch with the Judge's clerk and see what steps the Judge would like you to take to request the trial date be moved.