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max713, Lawyer
Category: Family Law
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Experience: I am responsive, respectful, and relentless.
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I am going through a divorce for 2 years now. I am out of money

Resolved Question:

I am going through a divorce for 2 years now. I am out of money and have no attorney. I am the plaintiff. Can I just drop the case? I guess I would have to hire an attorney for that too. I don't care if I am divorced, I am renting now, she is in the house. Will this just force her to have to do it?

Submitted: 12 months ago.
Category: Family Law
Expert:  max713 replied 12 months ago.


max713 :

Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.

max713 :

You don't "need" an attorney to take or to drop the case.

max713 :

You can motion to withdraw your attorney from the case.

max713 :

You can reach a settlement agreement, to prevent continued divorce proceedings. Short of that, you can proceed on your own (without an attorney); this is called pro se.

Customer :

I notified the attorney this morning to withdraw. He is going to do that. If I don't go to court, they will give her everything. My question is can I just do something to withdraw my request for divorce. And if so, where does that leave us. Note: She wants 99% of what we have, including 4000 a month permanent alimony. I wish I could just drop the case and stop paying for things and make her do some work for a change.

max713 :

Wow.

max713 :

I'm so sorry.

max713 :

You should not have to pay alimony unless she has a need

max713 :

You cannot withdraw the divorce, as she can divorce on her own in a no-fault state such as yours.

Customer :

She is a hairdresser, only works 3 partial days a week now, does not claim hardly any cash, I can't prove it though but they know what hairdressers do. I don't care if she divorces me, that would be great. I just know based on what my attorneys said that I am going to get railroaded. Evidently my county is extremely hard on men. The surrounding counties don't have that reputation. If I am going to get railroaded, I would just like to drop it. What happens then?

max713 :

Did you initiate the divorce on your own?

max713 :

Did you jointly enter?

max713 :

Or did she enter on her own?

Customer :

yes, I am the plaintiff

max713 :

In that case, you can request that a court drop the divorce.

max713 :

To do so...

max713 :

File a motion to dismiss, and notify the other party

Customer :

What happens then? Will she have to start the whole process over?

max713 :

There will likely be a hearing, and the judge will sign the order (or won't).

max713 :

Yes...

max713 :

Then, the respondent can petition (which would start it all over)

max713 :

Is that what you want, or is there something else?

max713 :

I want to help you as much as possible.

Customer :

I am just disgusted with the unfairness. I no longer trust the judge. I just want it over but if they award her a large permanent alimony and most of what we owned, I don't know what I will do. I do know that I have been studying ways to get out of this life.

max713 :

I understand. I'm so sorry you feel that way.

max713 :

You can file a motion to dismiss.

max713 :

Or, you can come to an agreement...

max713 :

Or, you can proceed with or without your attorney

max713 :

...

max713 :

Or, if you believe the judge's crooked, you can request that he be removed as there is the appearance of impropriety

Customer :

The only agreement she wants is to get 99% and 4000 a month permanent alimony. I always thought she was being unreasonable but my attorneys lead me to believe not. I do not have evidence that the judge is crooked, I just base it on my attorneys digging in the case then coming back and saying I definitely will pay alimony and not get 50/50. On my side, there is no reason for them to say that. It is only after they talk with the judge or her attorney that their minds changed. That says crooked to me. I do not believe anyone would remove him based on what I said my attorney said.

max713 :

You never know. That might be your best shot at this point.

max713 :

If not, your other options are those that I gave you.

max713 :

I'm so sorry you're going through this, my friend.

Customer :

I feel that you really do care. The problem is, it seems there is nothing anyone can do for me. It just looks like I am fighting a losing battle. Statistically, what happens when a man does it pro se?

max713 :

I do care. The chances aren't great, but you never know. If you choose to proceed that way, please ask for max713.

max713 :

...with any questions you have.

Customer :

Which way are you referring to? I really believe it stems from the balls of her attorney, evidently she is a big shot. She is from a few counties over and has a big reputation.

max713 :

I understand. That can be a predicament.

max713 :

Sorry that's happening to you.

Customer :

Thanks for your help.

max713 :

You are most welcome, my friend.

max713 :

Best of luck

max713, Lawyer
Category: Family Law
Positive Feedback: 97.9 %
Satisfied Customers: 1893
Experience: I am responsive, respectful, and relentless.
max713 and other Family Law Specialists are ready to help you

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