J.S.
answers from
St. Louis
on
They are just closing out the file
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Hey ladies,
WOW I was really surprised to get this email in my inbox. I have been divorced for 18 months. I just received an email from my lawyer (who I haven't had contact with since then), with an attached "Motion for leave to withdraw" and a date that the motion will be filed with the court.
Is this normal in divorce situations? Why would he have to move to withdraw himself from my case if it's been settled for 18 months? Do I have to do anything? Anyone know?
Thanks!
OKAY thanks ladies, you definitely helped! I was worried about calling him because when the divorce was in process, I'd call and speak to the receptionist for 5 minutes, and get billed for it. So I wanted to avoid that if possible. Thanks for setting my mind at ease!
They are just closing out the file
Sounds like someone who is just dotting all the *i*s and crossing all the *t*s... Maybe the law in your state dictates that your attorney would still be your attorney of record if he doesn't file. Just give his/her office a quick call to find out. They can probably tell you in about 5 minutes or less exactly why they filed it.
Any chance new actions have been filed in your case since 18 months ago? If so, and copies were sent to your attorney, then they are making it clear they are no longer involved and you need to be served appropriately independently of their representation.
Just give them a quick call and ask. It's probably just cleaning up "old" files and housekeeping on their end.
Yes, this is normal in divorce proceedings. You don't have to do anything. The divorce is final so your attorney probably just wants to close out your file.
If something happens in the future in your divorce case (e.g. your husband filing a motion to change custody, support, etc.), you'll be served with papers rather than your attorney. If something like this does happen, you just have to go see your attorney again (if you want him/her to represent you for that particular matter) and he can represent you again. Or you can have another attorney represent you. Same thing if you want to file papers to change custody, support, etc. Hope this helps!
He does that so that if something comes up in the future, he won't be served on your behalf and he won't be expected to respond/appear in court. It's pretty standard in divorce cases - as least with the divorce attorneys I know. You don't have to do anything.. The date on the motion is the hearing date not a date the motion will be filed. It's probably already filed - does it have "Endorsed Filed" and date? That's the date it was filed.
