Ask for Continuance and File Motion

North Carolina Divorce Law Divorce and Separation Answers
1

Hi, two purpose question.

  1. How do I file a motion with the Court? I am not represented by counsel. I think I can use a form similar to my ex’s but don’t understand the process of who I send to, etc.

  2. Once a Court date is established, if I have a conflict in appointments can I ask for a continuance without actually being in Court? If so, how.

Thanks.

2

To file a motion you simple draft a document that states the relief you are seeking, and upon what basis you seek such relief. You will file it wit the clerk and mail a filed stamped copy to your ex, or if your ex is represented, you your ex’s attorney.

In order to seek a continuance you must file a motion to continue and submit a draft order to continue, sending a copy to your ex, or your ex’s attorney. There is form motion and order to continue on the AOC website. CCF-05A Motion For Continuance (fillable) | North Carolina Judicial Branch