Legal Question in Family Law in Texas

Divorce

I hired an attorney in August to get a divorce. Recently, the attorney went before the judge representing my case and the judge did not grant the divorce decree because the attorney needed to add to the decree and he refused to do it.

The attorney did not show up for court and has refused to speak to me. I paid him in full as he requested. Because of this, I have been informed by court clerk in 245th judicial district that my case will be dismissed.

What can I do to get my uncontested divorce before it is dismissed and I have to start over.


Asked on 11/18/08, 1:20 pm

4 Answers from Attorneys

Arthur Bashor Arthur N. (Art) Bashor, Attorney at Law

Re: Divorce

You can ask the clerk to keep your case on the docket; they will probably want a letter from you. Explain the situation and that you will be hiring a new lawyer or representing yourself, as the case may be.

You are entitled to a copy of your file from your attorney. If you are on good terms with your lawyer and can get an electronic version of the file you can add in the language that the court requested to your decree. Otherwise, if you get a hard copy of the decree, you will need to retype the whole thing manually.

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Answered on 11/18/08, 1:29 pm
Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: Divorce

You did not specify the language that the Court wanted in the decree, but which the attorney refused to include. This Court has some specific and rigid rules concerning the dismissal of cases. I practice in the Houston area and am a board certified specialist in the field of family law. Please contact me dircetly if you want to discuss your options.

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Answered on 11/18/08, 2:57 pm
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Divorce

It doesn't make sense that the Judge would tell your attorney that something needed to be added to the decree and that your attorney would refuse to do it. I practice in Harris County. If you are interested in discussing your situation, feel free to call my office and set an appointment. I do not charge for initial consultations.

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Answered on 11/18/08, 4:26 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Divorce

Based on what you have written, you have a few options. First, you may always release your current attorney and retain a new attorney to handle the case. If you choose to release your current attorney, then you will need to provide your current attorney a written letter instructing your current attorney that you are no longer desiring to be represented by him and that you are requesting a complete copy of your file.

As for the specific language which was not included; that seems to be somewhat strange. Generally, the judge will let the attorney or party know what specific language is missing from any court documents.

As for your case not being dismissed, you can let the court know that you want to retain your case on the court's docket and that you are seeking another attorney to represent you. The court will generally allow you some time to continue your case and locate another attorney.

If my local family law firm can assist you with this legal issue or any other legal matter, please contact my paralegal Tina ([email protected]) to arrange for a free initial consultation.

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Answered on 11/18/08, 5:40 pm


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