Q: My highly contentious divorce is set to go to trial very soon and am no longer represented . What are my options?
I am currently going through a highly contentious divorce that is slated to go to trial very soon. I did have an attorney but due to extenuating circumstances I do not currently have representation.
I am not prepared to try and represent myself against my ex-wife’s team of attorneys. I simply need a little time to accumulate the necessary funds to hire a new team and am looking to understand what my options are in the immediate.
I know that a new attorney will not take my case this close to trial. Is it possible to postpone the trial? What are my rights in this matter such that I do not have to try and execute a trial that I am not qualified for.
I filed a Motion to Strike Trial Setting and have not received a response yet. Is there anything else I can do?
A:
Ordinarily, the court will not allow your attorney to withdraw close to a trial setting.
You can fire your attorney at any time, but firing your attorney will rarely get you a continuance.
I have personal experience with competent family lawyers stepping into a case for the first time 60 days before trial without needing to postpone the trial setting. It’s not ideal, and you’ll pay a premium for it, but it can be done.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
