What to do if I am an out-of-state resident, cannot travel to the final divorce hearing, and my attorney withdrew due to lack of funds?
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What to do if I am an out-of-state resident, cannot travel to the final divorce hearing, and my attorney withdrew due to lack of funds?
I had retained an attorney in 03/10, as my soon to be ex-wife filed for a divorce in GA. I am a MD resident. The temporary hearing was held in 05/10, and since that time, I have been unable to get settlement terms from her, which has exhausted my funds. The final hearing is scheduled for 11/22/10. Her attorney has requested my physical appearance, to which I do not have the funds as I do not have an operational vehicle, nor do I have the vacation time at work to travel. Due to the exhausting of my funds, my attorney sent me today an intent to withdraw from the case, and I have no idea at this time what to do.
Asked on November 8, 2010 under Family Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Write to the Court immediately (and copy the other attorney) and ask for an adjournment of the hearing. Tell the Court that your attempts at settlement have exhausted all your funds and that your attorney has withdrawn or sent you an intent to withdraw because of same. Ask the court to allow you time to apply for help from Legal Aid or to allow you time to be able to save funds to hire another attorney. You could act "pro se" meaning for yourself but it may not be the most advisable thing to do here. But if you think that you have enough information from your attorney as to what your rights are you could ask that the court intercede and hold a settlement conference with you calling in. Start calling legal service organizations i Georgia for help as well as local Bar Associations for their Pro Bono (free) help. Good luck.
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