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My spouse and I have a temporary order in place in collin county, we would like to break our contracts with our attorney's

Mckinney, TX |
Filed under: Divorce

Is there a requirement to inform court of dropping our attornies. Their signatures are on the temp order. In addition, we would like to make a change to the temp order. It currently states that we are order to attend mediation with so and so by a date in July which we would like to skip since we are attending marriage therapy.

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Attorney answers 3

Posted

You should notify the attorneys formally, in writing, with some record that you did (fax receipt, certified mail, etc.) that you are terminating their services. Request a motion to withdraw that you can sign off on. You do not want them spending any unintended time on your case and they will remain your attorney of record until the motion is signed by the judge. Further, request a date certain that you can get your file from their office.

James D. Roark

James D. Roark

Posted

...and accept my heartfelt hopes that your marriage counseling is successful.

Asker

Posted

Thanks a lot for your help and kind words.

Posted

The attorneys will file the orders to withdraw. If you two can draft a temporary order and agree to it and file it with the court, you should be fine.

Asker

Posted

Thanks Mark for your answer. So the original orders need to be withdrawn? Is there a form to fill out on our end to indicate we are taking over our own case? Per your answer above, the modification forms are not applicable and another order needs to be drafted from scratch?

Mark Anthony Cohan

Mark Anthony Cohan

Posted

Nope. Attorneys file a motion to withdraw as counsel and if you agree, you make it an agreed order. There are no forms you need to indicate you're taking over your own case. You just need a new temporary order that both of you sign.

Asker

Posted

Thanks for your prompt answer Mark. Do we need to have that temp order in place first or first inform the attorneys?

Posted

You either retain new counsel who can file a motion for substitution of counsel or you can ask your attorneys to withdraw from the case, which requires them to file a motion to withdraw.

Asker

Posted

Thanks.

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