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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9090
Experience:  since 1983
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my friend is the petitioner, if he wants to drop his divorce

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my friend is the petitioner, if he wants to drop his divorce case, can he fire his attorney and just drop it himself at the courthouse? or how does it work? does a hearing have to be set to drop it?

also if the respondent dont want to drop it now, what are her options now, if he drops it?
If the other party has not filed a response yet, the petitioner can get the case dismissed without a hearing by having his attorney file a request for dismissal. If the other part has filed an appearance in the case, then both of their lawyers would have to sign the request for dismissal and the case will normally be dismissed without a hearing in that situation also.

He would have to file a substitution of attorney form to be able to file anything without his lawyer agreeing to it, and that appears to require a hearing, see
http://pdf.legalformsfortexas.com/PDFs/Divorce/FLDIV_2226.00.pdf

If the other party has not filed anything yet, he can instruct his lawyer to file a request for dismissal.

I hope this information is helpful.
N Cal Attorney and 3 other Family Law Specialists are ready to help you
Thank you for the Excellent rating!
Customer: replied 3 years ago.


if he filed to have it dropped and the other side dont want to drop it, then what could happen?

Did the other party already file a response in Court?

If so, did the other party also ask for a divorce?
Customer: replied 3 years ago.


yes and yes.

If the other party filed a response requesting dissolution of the marriage, the Court is very probably not going to dismiss the case.
N Cal Attorney and 3 other Family Law Specialists are ready to help you