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If I dismiss my attorney will it dismiss my divorce petition?

If I dismiss my attorney will it dismiss my divorce petition?

Q: What does dismissal docket mean?

A dismissal docket refers to a list of cases scheduled for dismissal due to inactivity or failure to prosecute. If your case is on this docket, it may be dismissed if no action is taken. It's important to respond to any notices from the court to avoid losing your case.

Q: When should you fire your divorce lawyer?

You should consider firing your divorce lawyer if they are unresponsive, fail to communicate effectively, or do not align with your goals. If you feel your lawyer is not advocating for your best interests or if you have lost trust, it may be time to find someone new.

Q: What does dismissal for want of prosecution mean in divorce?

Dismissal for want of prosecution means that your divorce case has been dismissed because of inactivity or failure to move the case forward. This typically occurs when there has been no significant action taken by either party for a specified period, leading the court to close the case.

Q: How do you know if your lawyer is selling you out?

Signs that your lawyer may not be acting in your best interest include lack of communication, failure to follow your instructions, or making decisions without your consent. If you suspect your lawyer is not advocating for you, seek a second opinion or consider switching attorneys.

Full question:

I have filed for divorce but I do not want to use my attorney any longer. I have expressed this to the attorney. The attorney has filed for a "Dismissal For Want Of Prosecution Docket." Will this dismiss the filing of the divorce? I have since moved since filing for divorce. Can I have that one dismissed and then file Pro Se in the county in which I have lived for over six months?

Category: Courts
Subcategory: Attorneys
Date: 04/07/2025
State: Texas

Answer:

As long as it's not dismissed with prejudice, you may refile. Texas law requires that a suit for divorce may not be maintained in the state unless at the time the suit is filed either the petitioner or the respondent has been:

1. a domiciliary of this state for the preceding six-month period; and

2. a resident of the county in which the suit is filed for the preceding 90-day period.

Please see the information at the following links:

http://definitions.uslegal.com/c/civil-procedure-dismissal/

http://definitions.uslegal.com/f/failure-to-prosecute/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What do I do if I don't like my lawyer?

If you're unhappy with your lawyer, first communicate your concerns directly. If the issues persist, consider seeking a new attorney. You have the right to terminate your attorney-client relationship at any time. Make sure to review your contract for any specific terms regarding termination. If you're in the middle of a case, ensure a smooth transition to a new lawyer to avoid delays.