Question:
My divorce was several months ago, and my ex-wife's divorce lawyer has yet to draft the decree and submit to the judge to sign.
Are there any deadlines in place requiring the submission of an order to the court? What can I do if there is a time limit and they deadline has passed?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce laws where I am licensed to practice.
Your divorce attorney may be able to advise you as to your state's Rules of Trial Procedure or the local court rules as to whether there are any deadlines in place requiring the submission of an order to the court.
If there are no pertinent rules that apply, you may file a request with the court compelling opposing counsel to submit the proposed order. Another option may be to submit your own proposed order to the court based on opposing counsel’s failure to do so.
If the proposed order has been submitted and the court has not yet ruled on it, your jurisdiction may have rules that state a court's failure to rule on an issue within a specific amount of time.
You should consult the court to determine whether a proposed order was submitted. If so, you may refer to your state's Rules of Trial Procedure to determine whether there are any limitations on how long a court may take to rule on an issue.
The issuance of a final decree can take substantial time from the court, as they are typically lengthy documents addressing numerous issues.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.
