CanI file my divorce myself?

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CanI file my divorce myself?

I had a lawyer accept my divorce case pro bono around 3 years ago. I am still legally married despite having signed every paper my lawyer asked me to sign. Is there a way to handle my divorce myself? Would it be faster to do it myself? We have one child together and he is frequently in and out of jail.

Asked on January 13, 2012 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no requirement under the law for you to have an attorney for any legal proceeding, filing for divorce included.  I can surely understand your frustration here but I see a problem that you may run in to: there is already ana ttorney associated with the filing.  You can discharge him and proceed on your own (called "pro se") but it may be an easier thing for you to write him a letter and state that you wish to know the status immediately of the filing (and by the way you can check it yourself at court as you are a party) and if he does not respond you will take what ever steps are necessary and available under the law regarding the matter.  You are implyng you will file a complaint against him but not really saying it.  It may be enough to get him moving.  Even though he is not being paid he is under an ethical obligation to see the case through.  Good luck.


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