Can I file a motion?

[Torakki]

What is the name of your state (only U.S. law)? Ca.
I'm curently "in between" lawyers and want to know if I, myself, can file a motion with the court in my final stages of the divorce case? I have a lawyer picked out for my "day in court" but trying to save $$ when I can. I've spent enough. The motion would include: What I owe from my retirement account, (I had a seperate QDRO accounted do it since the court appointed one can't figure it out) also I'm requesting my ex's entire retierment account balance, originating from marriage since she has been hiding it, claiming it was depleted during marrage. Also, fees incured to subpena her accounts and all my legel fees to handle "this" part of the case since she hasn't cooperated with any requests. So, Can I do this on my owen? Is there someone in the court that can guide me through it?
Thanks for any helpWhat is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? Ca.
I'm curently "in between" lawyers and want to know if I, myself, can file a motion with the court in my final stages of the divorce case? I have a lawyer picked out for my "day in court" but trying to save $$ when I can. I've spent enough. The motion would include: What I owe from my retirement account, (I had a seperate QDRO accounted do it since the court appointed one can't figure it out) also I'm requesting my ex's entire retierment account balance, originating from marriage since she has been hiding it, claiming it was depleted during marrage. Also, fees incured to subpena her accounts and all my legel fees to handle "this" part of the case since she hasn't cooperated with any requests. So, Can I do this on my owen? Is there someone in the court that can guide me through it?
Thanks for any helpWhat is the name of your state (only U.S. law)?

I know that you got the idea of asking for your wife's entire retirement account here, but that's a rather extreme idea and its odds of success are not strong. You have a better shot at getting the legal fees you would like to request.

In addition, its extreme enough that the attorney that you have picked out for court may not be thrilled to argue that motion...or may not be thrilled to argue a motion not authored by the attorney. If you want the attorney that you have picked out, don't do anything without that attorney's blessing.

 

[Torakki]

Thanks LdiJ. Yes, I got the idea here but the attorney I have picked, that specializes in qdro cases, also mentioned it. But did add, that it may be unlikely that I win that point.
So, I get the impression from your response, that I "can" file a motion, as long as the attorney knows what it includes and agrees with it's terms?

Thanks again.....

 

[Free_Advice]

go file an appearance if needed .. then off you go

 

[ecmst12]

Definitely clear it with your lawyer before you go doing anything like that...most likely he will tell you Hell No.

 

[Torakki]

Thanks for the responses....

"file an apperance..."??? Is that like a motion? I do that at the court house?

Thanks again.

 

[Tex78704]

Not only is it highly unlikely this attorney will give you any blessing or ok whatsoever for you to proceed with a pro se motion, once you start down that path it is very likely the attorney may politely decline to accept your case. So you should be prepared for the fact you may be finishing off this divorce on your own.

...the attorney I have picked, that specializes in qdro cases, also mentioned it. But did add, that it may be unlikely that I win that point....

On your own, the odds of you prevailing on punitively taking your ex's entire account balance is pretty slim.

 

[garrula lingua]

If you are intending to file or appear pro per, then you need to file a Substitution of Attorney form.
Your attorney is currently the attorney of record. You have to change that to yourself in order to file any Motion.
Then, the attorney would have to file another Substitution of Attorney form in order to become the attorney of record again, in order to make an appearance.

You can talk to the attorney and offer to do the 'legwork' - serve the Motion, file it at court - to save money, but you really can't bounce back & forth as to who is the attorney of record.

Ethically, and for malpractice and reputation purposes, the attorney should walk away, completely, from the case when you begin lawyering.

 

[mistoffolees]

Ethically, and for malpractice and reputation purposes, the attorney should walk away, completely, from the case when you begin lawyering.

Exactly. It's a foolish idea.

Besides, it probably won't save much (if any) money. By the time the attorney deals with the change of status, that's almost as much work as filing what amounts to a single motion.

If the attorney disagrees with it, it's probably not worth doing. If the attorney agrees, just let him handle it.