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North Carolina Divorce Law Divorce and Separation Answers
1

Some counties assign judges and some do not. It sounds like you live in a county that does not assign judges and unfortunately if it is not their policy you cannot make them do it. You could request your own continuance on the basis that a different judge is more familiar with your facts and the court may grant it.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

I’m trying to do my EQ Pro Se. I had my court date yesterday (which I was the one who initiated it. Well, I was prepared, papers ready, and had the judge I wanted. Now when my name is called, his attorney asks for a continuence (I am not surprised.) for 2 wks from now. I wasn’t sure who the judge would be, however found out right afterwards that it was the judge I didn’t want. I specifically had the EQ date set to yesterday due to who the judge was and he is more familar with our case.

I had heard on here, that I can get a judge assigned to my case. But when I mentioned that to the clerk, they said they didn’t know anything about it. So this is my question… Can I get this judge assigned to my EQ case and what do I need to do. Do I go to court in 2 wks to have this continued or can I file paperwork for a continuance? I am worried that if I do just go to the court date to ask for a continuence, the judge will deny it and have it be heard that day w/ him. Please someone shed some light on this for me.