Legal Question in Family Law in Virginia
divorce
my attorney is trying to file a divorce she signed for me and is having a hearing she has not informed me about I only know because I monitor the court docket and went down there today and they told me. I tried to see attorneys today who tell me she has a right to do it. I do not understand I sent her a certified letter on Sept 9 which she ignored and asked her if i had legal grounds for a mistrial. Told her I wanted to do an ADRO and Quadro etc to file the proper paper work with the court and instead she tries to stab me in the back with a knife.I was told today Civil Court does not have any legal rights like due process of law that can only be obtained through criminal cases. I feel screwed to put it plainly is there anything I can do to reopen this case, mistrial it for procedures that were not done? ANyTHING?
1 Answer from Attorneys
Re: divorce
If you want to discharge your attorney of record, you should send her a written notice of this action and the effective date with a demand that she file a motion to withdraw from your case.
A copy of this letter should then be sent to the court, and if there's a hearing scheduled in the matter in the near future, you should plan to attend and make your sentiments known to the judge.
(The Fifth Amendment's Due Process Clause in the Constitution applies equally to civil as well as criminal matters.)