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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 15 years experience
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If I discharge my divorce attorney does that mean my temporary

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If I discharge my divorce attorney does that mean my temporary orders regarding the children are no longer in effect?

Hello,

 

No, this would not affect any temporary orders that have already been put in place by the judge. The orders are put in place to bind the parties, not the attorneys. The attorney is your representative with you being the principle, so when you discharge the attorney, that means that you are "pro se", or representing yourself, until you obtain new counsel and get the judge to release your previous counsel and let the new one formally take over the case.

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If the orders do not address who gets the exemption, then that is something that would need to be clarified with the court if you can't resolve it between the two of you. You don't want to get into a situation where you both are claiming them and someone ends up getting penalized by the IRS later for it. So to be on the safe side, you would need to get the judge to clarify it so there is no opportunity for confusion later on.

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thanks

Barrister

 

 

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