QUESTION
Do I have to complete the pending divorce through the attorney or can I follow through on this on my own?
Asked on Dec 03rd, 2012 on Divorce - California
More details to this question:
I have a pending divorce (I chose to stop it by trying to reconcile). This was about a year ago. The attorney I was using moved and I chose to leave my file at her original office because of location. I have emailed the attorney I was told would be handling my case, twice, and have received no response. Anyway, I was told (by my original attorney) the divorce provisions were still in place because I had not dismissed the case. Now I want to go forward with it (divorce) as quickly and as simply as possible. My spouse is 65 and I, 63. What are my simplest and all/any options? Do I have to complete this through the attorney or can I follow through on this on my own? For example, can I just take new signed paperwork to the court house and have the judge sign it? Thank you for any and all information you may provide.
7 ANSWERS
You need to go through an attorney to sort out the status of your pending divorce.
Answered on Apr 11th, 2013 at 1:17 PM
You can complete the action on your own if you so desire but you must first file a substitution of attorney relieving the attorney of the responsibility for your case. You should consult either another attorney or family law facilitator to determine how best for you to proceed.
Answered on Dec 05th, 2012 at 12:43 PM
Family Attorney serving Hurst, TX
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Law Office of Eric A. Maskell
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You always have the right to represent yourself. However, you should consider officially terminating the counsel that you currently have and let the court know that you are going forward pro se. Often times the courts will refuse to set any hearings or court dates without your attorneys consent.
Answered on Dec 05th, 2012 at 12:42 PM
Steven D. Dunnings
Whom ever is the attorney of record needs to file a motion, or get you to sign a consent allowing him/her to withdraw from further representation of you. I do not have enough information to respond to the rest of your question.
Answered on Dec 05th, 2012 at 12:42 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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It depends on the current status of the case. If it was dismissed you need to reinstate the matter. You can file the correct paperwork on your own assuming all statutory language is included and the other spouse agrees.
Answered on Dec 05th, 2012 at 12:41 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Without knowing what state you are in or exactly what has been done so far, it isn't possible to advise you on whether it is simple enough for you to do yourself because there is nothing to show what still needs to be done. Generally, however, it will always be a little more complicated than simply taking things to the courthouse. Your best option would be to consult another attorney now who can review the situation and better advise you about what specifically needs to be done and how best to do that.
Answered on Dec 05th, 2012 at 12:40 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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One problem you have is the paperwork that's required to get a divorce may have changed since you put everything on hold. Go to the court and get a copy of your file and find another attorney to help you figure out what else needs to be done. Opinion not legal advice.
Answered on Dec 05th, 2012 at 12:40 PM