QUESTION
Do I need to appear in court if my attorney filed a motion to withdraw from my divorce case?
Asked on Jun 02nd, 2014 on Divorce - Florida
More details to this question:
My lawyer filed a motion to withdraw from my divorce case. A court date was set. Do I have to make an appearance on that court date? If I don't go, what will happen to me? I don't owe her any money. Her reason for filing this motion is certain irreconcilable differences.
6 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You probably do not have to go.
Answered on Jun 04th, 2014 at 10:02 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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No, generally you do not have to appear unless you intend to oppose the motion. You should check with your assigned judge's online information, or call their judicial assistant, to be sure though.
Answered on Jun 04th, 2014 at 10:02 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Whether or not you need to be present depends on the Judge; you should call the Judges office and speak with their Judicial Assistant to learn the Judge's preference. My personal recommendation is to appear so you know what is going on in your case.
Answered on Jun 04th, 2014 at 10:02 PM
John Arthur Smitten
No you do not have to attend.
Answered on Jun 04th, 2014 at 10:02 PM
Probably not. These motions are routinely granted without the client being present, as long as the client receives notice of the motion. But each judge has his or her own procedures. You should call the judge's judicial assistant to learn if you need to appear. You should also be looking to hire new counsel.
Answered on Jun 04th, 2014 at 10:02 PM
If the date was set ?only? to rule on your attorney?s motion, you do not have to appear, HOWEVER, it is ?always? best to appear and let the Judge talk with you if he/she so desires.
Answered on Jun 04th, 2014 at 10:02 PM