Honey,
In western New York, the filing fees for divorce are $345, so once filed,
the parties may not want to have to refile and pay again. We see that we
have two options: the first is to have both clients file pro se change of
attorney forms with the court (so that neither attorney is the "attorney of
record") and agree not to proceed with the court action until a full
agreement is reached and they decide together about the timing for a
divorce; the second is to have them withdraw the action, knowing that they
will need to refile later and pay the fee a second time.
There are quirks in every state - here, if the action has been started, but
there has been no activity requested of the court, the clients don't show up
on any calendar and can be left alone for quite some time.
Sue
Suzanne L. Brunsting, Esq.
202 Clovercrest Drive
Rochester, New York 14618
(585) 244-4239
fax (585) 244-3746
www.suebrunsting.com
_____
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On Behalf
Of Honey Hastings
Sent: Tuesday, December 12, 2006 8:08 AM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: [CollabLaw] turning a filed case into collaborative
Friends
Linda Wray's answer to my question about MN's court rules raised yet
another question. How would you handle this situation? Lawyer for party
A files for divorce, party B is served, hires counsel who notes that
A's lawyer is also a collaborative professional. They confer about
using CP, consult with clients & all agree to use CP.
When this happened to me, the case was withdrawn & we proceeded as
usual, settled the case, & then filed again. Would you do it
differently?
Honey Hastings
Wilton NH
honeyhastings@ <mailto:honeyhastings%40earthlink.net> earthlink.net
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