my spouse is not resident of collin county filed divorce petition. my attorney without informing me agreed with the other party to let my wife to become the resident of the county. i live in dallas county and resident here. i want to file in dallas. is this a problem, my ex attorney agreed with other party and the court order as agreed order? how we can challenge the order? what can be done against ex attorney can i file a grievance? is new attorney bound by the previous attorney rule 11 agreement?
No one can say without looking at your file. But you are probably stuck with agreements that your prior attorney made, but I can't say for sure without looking at the file.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
If residence requirements for divorce are not met, a plea in abatement is filed, set for hearing, and that case is stayed. If the residence impediment is cured the stay is lifted. If it is not cured and a divorce is filed in another proper county and served on opposing party, then the first divorce will die if the second divorce is prosecuted. You need family law counsel because the whole situation may be bordering on a huge mess.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
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