Legal Question in Family Law in California
My ex and I are trying to finish our divorce. We have all agreements in place and are ready to go through the courts and finish this thing off. The problem is that my former laywer has not provided us nor filed a signed substitution of attorney form, so I can represent myself in the matter. She has not responded to my calls and I have even gone as far as resending the document to her and asking her to file it or send me a signed copy so I can file it myself. What am I to do, I want to be divorced already
2 Answers from Attorneys
I can't guess the reason that your former counsel will not respond. Sometimes, it has to do with unpaid fees; sometimes it is simply personal problems for the attorney.
In any event, you can send a demand for your former counsel to sign and return a Substitution of Attorney. If your attorney does not respond, you can bring a motion in court and you can file a complaint with the State Bar. If you are going to get another attorney, turn the matter over to the new attorney.
It appears that you simply need to get your former attorney's attention.
You should fax a letter to your attorney telling them that if you do not have the signed substitution in hand in five business days you will file a complaint with the state bar, and a motion to have him/her relieved as counsel and sanctioned.
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