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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28087
Experience:  Attorney with experience in family law.
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I filed divorce with the help of an Attorney in LOS ANGELES

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I filed divorce with the help of an Attorney in LOS ANGELES COUNTY . The attorney charged to take care the case and she consulted and wrote the agreement for us which has been denied by the court. She now wants to charge extra money to set up the court hearing. I don't think she did a good job at the first time so don't want her to presenting us anymore. Since I move to Riverside country, can I file a new one there. Will that make the divorce faster?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
You unfortunately cannot file a new divorce case in Riverside County. The case stays where it was originally filed unless both parties move to a different states.
What you can do is review the agreement and any reasons the judge gave for denying it to see if it's possible to redo the agreement and refile or if a trial will be necessary. Revisiting the agreement to see if you can come to a settlement that the judge will agree to may be the fastest way to get the divorce, but it depends on whether you think agreement is possible.
It's a violation of the Rules of Ethical Conduct for one lawyer to represent both parties to a divorce. That may be why the judge denied your settlement. If that is the case, either you would both have to represent yourselves or one of you would have to hire a separate attorney. That attorney can review the separation agreement and try to negotiate something that the judge will approve. If you're not happy with the work your lawyer did, you can absolutely fire her - just be aware that you would have to hire two new lawyers if you want to have representation.
Your lawyer has to formally withdraw from the case before you're able to file documents on your own. But if you decide not to work with her anymore, she can file a Motion to Withdraw, and you and your spouse can request a hearing after that's approved.
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