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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16213
Experience:  Licensed Texas General Practice Attorney
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I had a petition filed here in Texas Oct 2013 and never

Customer Question

I had a petition for divorce filed here in Texas Oct 2013 and never followed thru with it. As of this date the petition is still pending but the attorney that filed the petition is no longer in business. The question is do I have to drop the pending petition and submit a new one or can I continue to move forward?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

When you say that the petition is still pending, do you mean that the case is still active (has not been dismissed for want of prosecution?)

Customer: replied 1 year ago.
The original petition for divorce has not been dismissed.......still active.
Expert:  ScottyMacEsq replied 1 year ago.

I see. In that matter, the case itself is still active. Now you can file an "amended petition" for divorce, that updates any facts that are no longer true in the original, as well as removing the attorney as the attorney of record. The fact that it's still active means that you don't need to file a new one. In fact, filing a new one would mean that new one would be put on hold, as there's a current active one, and until the active one were dismissed, the new one could not progress.

Now often courts will have forms for appearance or removal of attorneys of record, so contact the court clerk and the court coordinator of the court that the divorce is pending in and ask about the process that that specific judge has for removal of attorneys and to have you go "pro se". You can find a number of forms and other processes that you will need at the following site: http://texaslawhelp.org/resource/divorce-in-texas

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

Hello?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting.

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!