Legal Question in Family Law in Texas
My husband sued me for divorce and I dont want it. I was not sure until now that I do dont wish for him to accompany me to the courtroom. I would however still like to consult him for help as needed. I hired a lawyer more for legal advise than to be represented. I mentioned that but may not have made it as clear as possible. My question is is that allowed? Is it bad etiquette (will he be mad at me)? What about my retainer fee? I put in $2,000 hoping to be refunded the remainder and that's part of why I dont want him in court (but not all of it) Will I not get the money back anyway if I do this to use fewer hours?
Thank you
2 Answers from Attorneys
You can hire an attorney for whatever reason you want. You can also fire an attorney for whatever reason you want. You attorney must refund the unused portion of the retainer.
Having said that, It is a serious mistake for you to go to court without representation. Texas is a "no fault" state. This means that your husband is going to get the divorce. If you go to court without representation, you risk losing much more. .
I absolutely agree with Keith Engelke.
Your husband is going to get this divorce whether you want it or not.
Quite frankly paying $2,000 to an attorney is not much money. I would not expect you receive much money back. Most attorneys charge over $200 an hour. If the attorney did any work or talked to the opposing attorney, you should not expect to receive much money (or any money back).
I'm an attorney and when I have a problem, I always hire an attorney to represent me! I would never set foot in a courtroom without legal representation because I'm too emotionally involved in my own situation.
I assume that you do not understand how to present evidence to a Judge and how a trial or a hearing is handled in Texas.
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