Motion to Withdraw

A similar situation happened with my husband’s ex. Her attorney withdrew from representing her because she refused to listen to his advice though. This actually gave her the incentive to settle the custody with my husband instead of going through to the trial. It may be that this is a positive thing for you but it’s possible that it depends on how far along the case is and what “evidence” or matters still need to be presented in court. If the attorney is holding all the information that was given to him/her then it’s possible that your case could be delayed. I’m not sure how all that works though…it may be that the judge has enough to make a ruling or that the attorney that excuses themselves makes a motion to cease proceedings. I’ll be interested to see what does happen. Please keep us posted and maybe Helena will have some knowledge about this situation.

The court will hold your spouse to the same standards that it would hold an attorney and they will need to move forward representing themselves.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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I am in the middle of a custody dispute in court and have just found out that my former spouse’s attorney has filed a motion to withdraw from the case because of non-receipt of payment for services.

Should my former spouse not be able to afford an attorney from this point forward, what should I expect to happen? I do not think that my former spouse will be able to litigate the case pro se, and, as I understand it, courts do not appoint free legal counsel in custody cases. How does a court handle a situation like this when one party in a custody suit cannot afford legal counsel halfway through the case?