- An individual representing himself in a divorce case without the assistance of a lawyer is classified a pro se litigant. While Virginia law does not require representation by a lawyer, the Fairfax County Circuit Court notes that individuals may benefit from legal representation, especially in contested or complicated divorces. However, the law does not treat pro se litigants differently from individuals who have lawyers.
- Parties in a divorce can often obtain a new trial date from the court by showing good cause in a continuance request. The circuit court form to request a continuance order includes a space where the pro se party can identify herself. The relevant procedures vary depending on whether the parties agree on a new trial date or if just one party would like to have a continuance. According to the Virginia Beach Circuit Court, a litigant can make a continuance request in advance or in person on the day of the scheduled proceeding, but the request is subject to court approval.
- The pro se litigant asking for a continuance must provide a good cause reason for the request. The Fairfax County Circuit Court warns that parties should not manipulate discovery procedures, such as scheduling of deposition dates, to create the need for a continuance.
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