We don't...we just exile them to Texas.


Punishment beyond merely killin' em. <img src="/ubbt/images/graemlins/blush.gif" alt="" />

edited to add: Dang...arkie, way to channel me.

Anyway...considering Melody USED to live in Michigan this all might be a clue how she ended up in Texas.

great northern minds think alike

damnyankees! <img src="/ubbt/images/graemlins/rolleyes.gif" alt="" />

[Lord, please DO NOT let that silly yankee, weaver, see this thread! pleasepleaseplease! she will humiliate me severely! <img src="/ubbt/images/graemlins/crazy.gif" alt="" />]

My first inclination was to say that those needing hang'in in Michigan are merely sent to the Upper Peninsula.

But that, of course, would really be begging for Weaver's admonishment.

Mr. W

weaver is close enough to kick your [censored], too! <img src="/ubbt/images/graemlins/grin.gif" alt="" />

I am NOT an attorney, just a paralegal (for 15+ years) and now a legal assistant for past 2.5 years. Since you have an attorney of record, I believe your attorney would need to file a motion to withdraw. You can FIRE your attorney and they can't hold your case hostage for lack of payment. Do you both have the same lawyer?

Once you fire him/them, then they would HAVE to file the withdrawal. Once they do that, then your wife can file a "Motion for Nonsuit" pro se (representing herself) (if she's the Petitioner that simply states she desires the suit to be nonsuited.) She would also need to include an "Order of Nonsuit" for the Judge to sign off on. Short and sweet. If you're the petitioner then you would have to do it.

I also believe that any orders that were made during the course of the suit would become void as the case would be over (non-suited).

Usually a non-suit does not require a hearing of any kind. The Judge just signs off on it and the file is closed.

Thanks Ms. Princess

Is there any way you could email me a copy of what a "Motion for Nonsuit" looks like. I will forward it to Jayban and she, as the petitioner, could utilize the example to prepare her own motion.

Would it hurt to indicate in the motion title something like "Motion for Nonsuit and Quash of Protective and Temporary Support Orders"???

Do you believe he really needs to wait for their attorney's to withdraw. The protective order and support orders are really hanging over their heads right now. Jayban is scared to be in her presence AND early reconciliation efforts, as we know, are tenuous at best. The faster this matter is settled the faster they can get on with the business of reconciling without this threat looming. If a new attorney took over wouldn't they just have to file an appearance...if so, why can't they just file an appearance in pro per???

Mr. Wondering

Coming your way. I'm gonna check on the appearance. I think they COULD do that but it would have to be clear in the certificate of service that they served her attorney with the appearance.

I don't think it would hurt to add the quash just to be safe but really, the only person that would enforce this would be her. The thing is that "temporary orders" are just that. Temporary. They go away once permanent orders are in place or the case goes away. I recognize the title, it's pretty much standard. Says, no harrassment, etc., etc.

You have mail Mr. Wondering.

This is from the Texas Disciplinary Rules of Professional Conduct

Discharge

4. A client has the power to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyers services, and paragraph (a) of this Rule requires that the discharged lawyer withdraw.

So they CAN fire their attorney and he has to withdraw by law. They remain liable for the fees.

Here's the link where I found this: http://www.txethics.org/reference_rules.asp?view=conduct&num=1.15

Jayban,

Since restraining orders usually go through local law enforcement (city police or sheriff), they can usually be lifted the same way. I can email you a copy of our Motion & Order to Dismiss. But you can't tell anyone where you got it, because I can get in trouble. But I can tell you this.

Look at the top of your divorce petition. You'll have to have your attorney remove himself from the suit. Then take the info at the very top of your petition & put it at the top of your paperwork. Basically ask that the divorce be dismissed due to parties reconciling. Give me an email addy & I will send it to you. Don't know what county you're in. I would try the District Clerk's office first. They may have the forms you need to dismiss the attorney & suit. Contact law enforcement about the restraining order & get it lifted first. We don't do RO's. We send them to the sheriff's office. Just don't tell your attorney where you're getting the info. They get kinda touchy about that. Also, when you fire your attorney, ask for your file back. Then see if you can work out a payment plan. We ask for so much up front & the rest has to be paid by the court date. If it's dismissed, any money not used is returned to our client. If you had to pay the whole thing already, you may be owed some money. If not, you may not get anything back but you may not owe any more, either.

We are the least expensive divorce in town. $750 from start to court date for the whole thing, as long as everything is agreed on. Let me know & I'll help as much as I can. I use ProDoc software, approved by the State Bar, & I know that there is no dismissal paperwork in there. We had to create our own but it works. Our District Judge won't accept DIY divorces if there are children involved. They still have to have an attorney prepare the Final Decree with custody, which we charge $250 for. He's that way based on the new laws.

Actually protective orders go through and are enforced by law enforcement. RO's get served by the sheriff but are enforced by the Court. If the RO was issued by the Court, then the Court will lift it when the suit goes away.

If it's a protective order through law enforcement, then they'll have to go through the agency that issued it to get it dismissed.

If you do a non-suit, there's no need for a dismissal. A non-suit order does the same thing in effect.

Yes, definitely ask for your file back from the attorney. He does have the right though to keep his attorney's notes.

If you non-suit, there's no need for a decree. Case over. No divorce.

t/j lostafter24yrs, y'all got any trees out there in east Texas? We have some yankees saying we have no trees in Texas!

Did you hear about the Aggie who got hurt raking leaves?
No, what happened?
He fell out of the tree.

Now, folks, you know why there are no trees in Texas.

He77 yes, we have trees. I have so many around my house that my boss & his wife can't take an aerial photo of it because the house don't show. They are both pilots & do this on the side.

And only someone from Illinois would try to tell an Aggie joke, LOL!!!

Why do you think we have enough paper for all the frivolous lawsuits filed in this state? I actually live in a part of East Texas that has a lot of Pines. We have several clients that we do timber deeds for, which they have to have before cutting someone's timber off their property. We had ours cut one year & made almost a thousand $ off it.

No trees!! Whaddaya mean no trees?? Biggest cause of accidents among teens here, "Tree just came out of nowhere. I couldn't stop" <img src="/ubbt/images/graemlins/grin.gif" alt="" />

You better look at a map first!! LMAO

Princess,



Here in our little hick county (and I mean that truthfully because we are sometimes a little backward), we use a Motion to Dismiss. It's one page, signed by the parties or the attorney & the order is signed by the judge. No decree issued or needed. We have never worked with Order of Non-Suit. I have an old fashioned lawyer for a boss, he's 78. And the judge here is using our Order for Counseling for the kid thing. It's called ChildFirst here but the next county over calls it For Kids Sake. No one here likes the order that's in ProDoc. It hasn't been enforced very well either so the judge is cracking down. In fact, my boss is the only attorney in town who makes his clients take it before hearing, as the law states.

Sometimes I know more about some of these divorces than I want to. One man came in with his wife, who had filed for divorce, to sign the Waiver of Citation. He brought back his copy of the Petition on which he'd written (above the language about insupportability) "She found another man!" He was hateful to me about it. Since I'm just a lowly secretary, mean people think they can get away with treating me with disrespect. My boss hears it & he lets 'em have it & in one case, fired the client. BTW, his wife is his paralegal. She's 75.

Ain't law grand??<img src="/ubbt/images/graemlins/grin.gif" alt="" />

Please everyone say a prayer for Jay. He might have to go back to plan B.

Even so-called West Texas has trees. I have 4 (four) mature pecan trees on my two lots. And they are really heavy with growing pecans this year because of all the rain.

I hope the back pain from picking them off the ground will be compensated by the money we get; looks like at least a hundred pounds per tree.

Larry

Larry, I even saw THREE trees while I was in Amarillo last July!

Again, tumbleweeds are NOT trees <img src="/ubbt/images/graemlins/grin.gif" alt="" /> <img src="/ubbt/images/graemlins/grin.gif" alt="" /> <img src="/ubbt/images/graemlins/grin.gif" alt="" />