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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 3431
Experience:  13+ years experience in litigation and business law;
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how long does a judge have to rule after a divorce trial and

Resolved Question:

how long does a judge have to rule after a divorce trial and post memorandums are filed?
Submitted: 3 years ago.
Category: Legal
Expert:  Maverick replied 3 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

What is it that you are waiting for the judge to rule on?

 

Was it a bench trial or jury trial?

 

What post memorandums were filed?

 

When was the trial and when were the memos filed?

 

 

Customer: replied 3 years ago.
waiting for a judgement of divorce. no custody issues. straight forward w-2 employee (husband) and stay at home wife

it was a bench trial

postmemorandums from divorce trial transcripts were filed

the trial was oct 18, 19 2010, the memos were filed dec 8 2010
Expert:  Maverick replied 3 years ago.
What was the main contested issue in the case?
Customer: replied 3 years ago.
the timing of the sale of the marital home and division of small amount of stock and cash savings . the wife wants exclusive occupancy of home until june 2014 and the husband wants the house sold immediately. (the original serving of the husband was nov 2008. multiple attempts at settlement, 24 adjournments, high legal bills.)
Expert:  Maverick replied 3 years ago.

Thank you for the information.

 

Okay, this may be hard for you to understand and accept, but there is only a very few statutory provisions which require a judge to rule within a specific time frame. This is a huge loop hole in the law.

 

In order to get the judge to rule, your lawyer will need to send a few (3-5) polite requests to the judge with a copy to the other side. Each request should be made about 10 - 15 days apart. If the judge still refuses to rule, then your lawyer will have to file a mandamus action in the court of appeals to force a ruling.

 

So, the problem is that you may get a ruling but it may not be a favorable one.

 

 

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This information is provided so you may better discuss legal issues with your attorney. Consult a local attorney for legal advice before acting. You may be able to find an attorney in your area to further assist you at http://www.attorneysaccess.com/ or http://www.martindale.com/.

 

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Maverick, Attorney
Category: Legal
Satisfied Customers: 3431
Experience: 13+ years experience in litigation and business law;
Maverick and 18 other Legal Specialists are ready to help you

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