If I have all the documents to file for divorce, can I do it without my lawyer?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I have all the documents to file for divorce, can I do it without my lawyer?

Our lawyer prepared our documents a mediator he’s taking advantage of us and asking for more money. Everything is done and I can bring it in to the court myself. Is that allowed?

We must get this done soon.

Asked on April 4, 2016 under Family Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Legally, you may file your own divorce, and if you currently have an attorney, you may fire them in order to do it yourself. You will have to fire the attorney unless the lawyer agrees to let you do this--as long as he/she is your attorney, you can't be fiing papers in court without his/her consent (since otherwise you'd be filing effectively under his/her name without consent, making him/her liable for any problems, errors, etc.). You may have to file a "substitution of attorney" form with the court, stating that your lawyer is not your lawyer any more, but you are rather representing yourself pro se (on your own). And you will owe the lawyer for all work done up through when you discontinued their representation of you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption