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GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12049
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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My wife has filed for divorce and now that she has cooled off

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My wife has filed for divorce and now that she has cooled off she wants to stop the petition so that we can get counseling and save our marriage, but her lawyer says that she can't do this herself because she has already hired legal counsel. Is this true? We live in Montgomery County, TX.

Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

That is correct technically. Since she is represented by counsel the attorney would need to file the motion to withdraw but she can always write a letter and fire the attorney and file the motion to withdraw on her own. Of course the attorney will have to file a motion to withdraw as attorney of record with the court and after that motion is granted, your wife can then file the motion to withdraw the petition.

 

The other option is to pause the case indefinitely and that can be done by notifying the court the parties are attempting counseling and putting the case in abeyance indefinitely. It's an easy thing to do and if neither party files anything else, the case will just remain open for up to a year. This is a good option because it allows you to try to work things out and if things do not work out, you can just move the case forward and not have to file another $300+ for filing fees and service of a new petition and if the counseling works, you can then file a motion to withdraw at that time and close the case.

 

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