Changing your representation mid-divorce isn’t as uncommon as some think, especially in a divorce case. There is a multitude of reasons for why you feel the need to change attorneys and an even greater number of factors that have lead you to this breaking point.
Some of the more common reasons for switching are that a spouse rushed into choosing a lawyer, and have come to realize that this partnership will no longer work and that it is time to change your divorce lawyer. Or, maybe you just don’t like how your attorney is handling your case; whatever it might be, know that you have the right to have whomever you want to represent you. While it is your right, don’t exercise it at the expense of your case.
First, you must find and retain a new lawyer. Note that this is prior to terminating your relationship with your current attorney. This is because you shouldn’t be without legal representation at any time while in the divorce process. So, sign a new contract with your new attorney, and bring them up to speed with the case so far, and any upcoming court dates they need to know about.
Then, you must end your contract with your current divorce lawyer. This can be done either in writing or in person, but a good rule of thumb is that even if done in person, you should still have a letter of termination. This letter should clearly indicate the date on which you want to terminate, and should also include the name and contact information of your newly retained attorney. Most importantly, don’t forget to include that you want all relevant information the attorney has pertaining to your case sent to your new attorney and include a specific due date.
From there, it’s a matter of paying off any remaining outstanding bills, having the rest of your client file moved to your current attorney, and have your new attorney file with the court that they are now your new legal representation.