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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39007
Experience:  Retired (mostly)
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I have an attorney, we have filed our complaint in July, my

Resolved Question:

I have an attorney, we have filed our complaint in July, my ex responed to his attorney the day before the Aug 14 hearing day, so he never sent in any response to the complaint, the judge inquired if he received proper notification and he was. The judge was suppose to rule on this matter back in Aug. My attorney has not heard from the judge and it has been what 8 week. My attorney did sent a follow up letter to the judge but no response from the judge is there anything that can be done.
Submitted: 7 years ago.
Category: Family Law
Expert:  socrateaser replied 7 years ago.

Your attorney can ask the judges clerk to put a hearing on the calendar so as to get an oral ruling. That would be an unusal means of gettng the judge's attention, but it's legal.


An alternative would be to seek a writ of mandate from the appellate court, which would be ridiculously expensive.


Another alternative would be to file a motion to disqualify the judge for cause, on grounds that the judge is apparently unable to carry out the requirements of his/her office.


Or you could move for a dismissal of the action, and then file a new divorce action, and hope to get a different judge assigned.


There really isn't a "good" alternative -- but, wha I've offered are some methods to get things moving.


Hope this helps.


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