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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37492
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I presented a motion of reconsideration before a decree was

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I presented a motion of reconsideration before a decree was signed by the judge the motion has been out there for 85 days . I presented the same motion after the decree was signed and later requested to withdraw the first motion to avoid any confusion with the second one.. How long does it take for a judge to withdraw that motion? also i want to file for appeal since the judge has being biased and used prejudice .I have been told it takes 30 days after the decree has been signed. Whe i talk to the court officer she said because of the pending motionthe 30 days it will start after that motion will be disposed denied or acepted sayin only then the appeal time starts the 30 days. I would like to know if i have to send the notice of appeal in the next 6 days since this is what I have left since the decree was signed or do I wait for the motio to be denied or disposed and if so what happen if the judge doesnt withdraw the first motion will the 30 days start from that motion that I presented before the decree or the one still pending that i presented after the divorce decree. ? Also about the military retirement do you know ho to calculate 21 years and 6 months in the service with a marriage of 17 years and 6 months what is the exact percentage by the calculator of the lynson share . Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question and thank you kindly for requesting me to assist you this evening.

I presented a motion of reconsideration before a decree was signed by the judge the motion has been out there for 85 days . I presented the same motion after the decree was signed and later requested to withdraw the first motion to avoid any confusion with the second one.. How long does it take for a judge to withdraw that motion?
It usually can take until the judge finally reviews the petition, which is based on his docket. Typically a withdrawal is granted quickly, and it can take place in a manner of days but there is no deadline by which a judge must adhere to, so it can take longer.

also i want to file for appeal since the judge has being biased and used prejudice .I have been told it takes 30 days after the decree has been signed. Whe i talk to the court officer she said because of the pending motionthe 30 days it will start after that motion will be disposed denied or acepted sayin only then the appeal time starts the 30 days. I would like to know if i have to send the notice of appeal in the next 6 days since this is what I have left since the decree was signed or do I wait for the motio to be denied or disposed and if so what happen if the judge doesnt withdraw the first motion will the 30 days start from that motion that I presented before the decree or the one still pending that i presented after the divorce decree. ?
You do not have to wait, you can file a motion for recusal at any time while the hearing is taking place.

Also about the military retirement do you know ho to calculate 21 years and 6 months in the service with a marriage of 17 years and 6 months what is the exact percentage by the calculator of the lynson share .
That is a very good question and a tough one for me to answer without calculating it out myself. Based on a very rough estimate, the share would be approximately 40.7% of the benefit that the other party would be entitled to receive. Here is a good article as to how to calculate it for yourself:
http://www.military.com/NewContent/0,13190,042705_Divorce,00.html

Customer: replied 1 year ago.

thank you for the answer I should have been more clear on one of the question . If I don't' present the notice o f appeal in 6 days because Im not prepared and I am pro se can I say that because of the motion pending and claim the 30 days from when the motion of reconsideration will be either dispose or denied? Can the appellate use against me the the fact i don t present the appeal in the first 30 days fter the decree? like I said a court fficer told me that. that I could wait till the disposition of the motion and then the 30 days will start. Is this true? Im just trying not to lose on my appeal because of the timing but like a said am not a lawyer and not prepared to do it now considering there are holidays 4 july. In regard of holidays since the 6th of this month will be on a saturday and this is when my timeframe to appeal since the decree was signed can I still be timely an filed on the following monday when the court reopen?

Expert:  Dimitry K., Esq. replied 1 year ago.

Serena,

Thank you for your follow-up. I do appreciate your clarification. Based on your question that would leave the right to permit the appeal or not to the presiding judge, and as you would have missed the deadline, it would be up to him to either waive the requirements or allow you to proceed. Most get dismissed, which is why that is not a positive situation to be in. The appeals court may indeed claim you missed the deadline and refuse to hear it. If your deadline falls on a holiday or weekend, the next working court date is when you can still choose to file your appeal.

Good luck.

Customer: replied 1 year ago.
It was clear answer thank you . I forgot to mention that he did deny my ex parte motion to speed up my motion as I have bad feelings about how this judge is handling everything . U have mention about the motion for recusal can you be more specific and in what circumstances I can do this and what is the time limit. Can I do it now before the appeal and before the motion gets granted or deny? Thank you so much for your patience
Expert:  Dimitry K., Esq. replied 1 year ago.

Serena,

I would be happy to clarify. But I must warn you that a 'motion for recusal' is really your last ditch effort. It is a motion in front of the judge to demand that he step aside based on bias or other reasons. If the judge agrees, a new judge would be appointed, but to step aside is ultimately left behind to the judge himself. It can obviously create ill will and bad feeling from the judge, who can be further antagonized. You would need to file this if you tried everything else and nothing else worked. You can do it at any time before judgment is entered.

Good luck.

Customer: replied 1 year ago.

my ex parte motion denial to speed up a motion cause of mergency medical reason and no covered by insurance can be material for a judge recusal since he is taking time and my life put at stake because of the financial distress i'm in?

Expert:  Dimitry K., Esq. replied 1 year ago.

Serena,

It can be, if you feel that the reason he is doing so is out of bias and not out of any legitimate need to evaluate the underlying motion.

Good luck.

Customer: replied 1 year ago.

sorry last question i forgot to add to the previous is a judge religion can be a fact of asking of reclusal since he is from the mormon and also from the latter saint (wich allows to have more wives) I'm catholic and to me judged by a person that is ok to have more wives it'against my believes and values thank you demetry you were very helpful in every answers

Expert:  Dimitry K., Esq. replied 1 year ago.

Serena,

His religion is not a good reason to seek recusal. It is also untrue that Mormons can have multiple wives--it was that way in the past, but as a condition of the state of Utah entering the United States, the Church of Latter Day Saints formally abolished that practice. It is not something the main church practices since multiple wives remains against the law in the US at this time.

You are most welcome and good luck to you.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37492
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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