Trial Would Attorney Withdraw From A Divorce Case In North Carolina
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Firing Your Lawyer If you do decide to fire your lawyer, you should do so in writing. Your letter should set forth and document any conduct or reasons supporting your decision. It should also give instruction as to where he or she needs to send your file.
The absolute fastest way is with a 50--10(e) divorce by clerk (if your county's courthouse does them) combined with your spouse signing a couple waivers that reduce the 30-day window they would otherwise have to file counterclaims.
An attorney is not mandatory for pursuing a divorce, however it can be very beneficial to have legal representation. You may want to consider contacting the North Carolina State Bar lawyer referral service for a referral to a reputable divorce attorney in the area.
The proper thing to do is to let your attorney know that you no longer wish to have them represent you and have them file a notice or motion to withdraw (assuming they have already made an appearance in the case, either in court, by signing a pleading, or entering their appearance by submitting a form.
§ 7A‑66. A proceeding to suspend or remove a district attorney is commenced by filing with the clerk of superior court of the county where the district attorney resides a sworn affidavit charging the district attorney with one or more grounds for removal.
If you do decide to fire your lawyer, you should do so in writing. Your letter should set forth and document any conduct or reasons supporting your decision. It should also give instruction as to where he or she needs to send your file.
Just fill out a State Bar grievance form or send us a letter describing the problem. You can get a grievance form by clicking here or by calling our office at 919-828-4620. We can also send you a brochure describing the grievance process. What Should the Grievance Say?
One spouse can request that the court reopen the settlement unilaterally, although it will be necessary to meet fairly high criteria for this to be done. Mistakes, newly discovered evidence, or fraud may be considered by a court.
