My Lawyer filed mutual divorce petition.SR number was given. He made lot of the documentation issues and finally it got returned. I have no confidence about this lawyer and his work. I want to file a fresh petition from other lawyer. In this case do i require NOC from the old lawyer ? Do i have to pay rest of the fee i supposed to pay after the completion of the divorce ?
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You can engage another lawyer for drafting mutial consent divorce petition
2) you don’t need NOC from the lawyer as petition was retorted by court
3) you do t have to pay rest of fees
4) you can contact any lawyer on this website for drafting MCD petition
- Legally , you have right to change the lawyer after informing him for the same , if you are not satisfied with his work
- As per law, the mutual divorce runs into two motions ,i.e. First motion and the second motion.
- Hence, you can continue with him for the Frist motion , as if you will relive him on this stage then he may ask for his remaining fees , however if the petition is not filed before the court or rejected then you need not pay the said amount.
If you want to change the lawyer, it is your choice.
You can do it by instructing your lawyer to not to file the divorce case anymore.
Since the case is not taken on files of the court there is no necessity to terminate the vakalatnama given to him.
Besides if you have already paid him the requisite fees at the time of initial stage, you do not have to pay anymore, but it again depends on the lawyer concerned.
You can take NOC from old lawyer and removal of vakalat-nama from him and take all papers. Regarding fees you can negotiate with him.
You would not require any NOC as the case never got into court.
East for completion of the divorce proceedings also need not be paid as the matter never resched court due to his incompetence.
Dear client,
In most cases, you do not require a No Objection Certificate (NOC) from your previous lawyer to engage a new lawyer for your mutual divorce petition. You have the right to choose a different legal representative if you are not satisfied with the services provided by the initial lawyer.
Regarding the fee, it would depend on the terms of your agreement with your current lawyer. If you have already paid part of the fee and your lawyer hasn't completed the work, you may be entitled to a refund for the work not completed. The terms regarding fees and refunds should be mentioned in your initial agreement with the lawyer. Review your agreement and consult with the new lawyer you plan to hire to understand your rights and responsibilities regarding the fees.
If the fee was for stage wise then you don’t pay. If you agreed for lump sum then talk to him and take a midway. If he still don’t budge you can hire a new lawyer
