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I am the petitioner to a divorce case. If I fire my lawyer, does the petition gets dismissed?

Mount Prospect, IL |
Filed under: Divorce

I wanted to drop the case and move on without adding more expense. There is no counter suit from the dependent. What else should I do to close the case?

Attorney Answers 3

Posted

The petition does not get dismissed if you fire your lawyer. You'll have to dismiss your petition on your own if you don't want to instruct your lawyer to do that for you.

File a Motion to Dismiss, send proper notice to the other side and offer to reimburse any court costs the other side incurred, schedule your court date, and appear (remember to bring to court the money you'll have to tender to the other side or a receipt showing you already have done that.

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Asker

Posted

If I fire my lawyer then do nothing to dismiss the petition, will the court close/dismiss the case at a certain period of time for no movement from both parties?

Peggy M. Raddatz

Peggy M. Raddatz

Posted

It will be dismissed for want of prosecution.

Wes Cowell

Wes Cowell

Posted

Maybe; maybe not. A pro se litigant on the other side might l file something and improperly notice it and the case could continue to pend. The clerk, too, could misfile or mis-docket something causing the case to pend endlessly. The smarter thing to do, here, would be for the Petitioner to dismiss.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

I agree

Posted

You need to file a motion to voluntarily nonuit and dismiss your case. You need to call the clerk's office for a court date or visit in person and send a notice of motion to spouse. You can do it yourself or have your lawyer enter. It requires a court appearance. Check online for forms at the clerk of the court website and circuit court website. They probably have a motion to dismiss for and the order to enter and the notice of motion form.

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Posted

No, it does not.

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