If I filed for divorce 9 months ago and our final hearing is set in 3 months but my husband’s attorney just fired him as a client, will this delay our court date?

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If I filed for divorce 9 months ago and our final hearing is set in 3 months but my husband’s attorney just fired him as a client, will this delay our court date?

We have 3 minor children and we were not granted even temp orders for child support and I pay their health insurance, as well as, food, clothing, school related supplies, etc. He is not consistent in visitation and he lives over 150 miles from us. I am forced to meet him half way, if he should want to see the children for a night or two. I don’t want this delayed any further. By our final court date I would like for support to be completed and visitation guidelines set up.

Asked on April 11, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Divorces can proceed without an attorney.  This is called pro se representation.  Since you are not seeking to terminate his rights, the court will not appoint an attorney to represent him.  Plan on going forward with your final hearing.  However, be prepared that he may show up with a new lawyer at the last minute and ask for a continuance.  If he does ask for a continuance and the court is considering granting his request, then this will be an opportunity for you to ask for temporary orders since he will be the one responsible for delaying the divorce action.  Many courts will grant temp orders at this point so as not to penalize the children.


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