Motion Withdraw Petition Sample For Divorce
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How to fill out Motion To Withdraw As Attorney?
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FAQ
Withdrawal is also permitted if the lawyer's services were misused in the past. The lawyer also may withdraw where the client insists on pursuing a repugnant or imprudent objective or one with which the lawyer has fundamental disagreement.
If you want to dismiss your divorce case, you must file a motion to request that a judge sign your order of dismissal. If the other party has filed a Response to the Petition, then you need to request their signature on both the motion and proposed order to show the court that they are in agreement.
You are known as the petitioner and you can file a Notice of Nonsuit without Prejudice. Once the judge signs it, your divorce will be dismissed. However, if you and your spouse have both filed paperwork with the court, then both parties must agree to dismiss a divorce case in Texas.
If, at any time after the petition is filed, the petitioner desires to withdraw the same, he shall file with the hearing clerk (or, if filed during the course of a hearing, with the judge) a written request for permission to withdraw.
A motion to withdraw may be granted without hearing if: (a) The client has signed the motion or order, consenting to the withdrawal; (b) Another lawyer has made an appearance on behalf of the client; or (c) The motion is accompanied by a letter that notifies the client of the client's right to object to the withdrawal ...
