When a lawyer withdrawls from divorce proceedings

UPDATED: May 24, 2009

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When a lawyer withdrawls from divorce proceedings

Can the petitioner represent himself and continue with already filed paperwork or do they have start from scratch? If a case review conference re proof of service is vacated, what does that mean?

Asked on May 24, 2009 under Family Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I can't answer this without more information, and I'm not a California attorney.  You should consider talking to another divorce lawyer, to get sound advice based on all of the unique facts of your case.  One place you can look for an attorney in your area is our website, http://attorneypages.com

Ordinarily, a case does not get dismissed just because a lawyer withdraws;  if there is a pending case, it is still pending.  But it sounds like, from your question, as if the petition the lawyer filed for you never got served on your spouse.  That might mean that your case has been, or could soon be, dismissed "for lack of prosecution."  This isn't because the lawyer withdrew, it's because of the failure to get the papers served.

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