Time standards


#1

It is not unusual for judges to take quite a bit of time to render a decision. We have had cases take many months before we received a decision. Judges typically rule on the cases in the same order that they are heard and often get very backed up with their case load. All that can be done is for your attorney to ask the judge about the case at some point. I do not, however, think your case is taking an unusually long time.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My ordeal has dragged on for 3 years! It ires me tremendously because, in cases such as mine, it is costing tax payers unfairly. I have been forced to swallow pride and seek public assistance in order to survive,not to mention going to school an a grant. Since my husband was removed from our home by proper authorities for taking indecent liberties with my daughter, we have been treated like criminals instead of victims. I have received countless letters from my attorney informing me that my case would be heard the week of such and such, not to be in court on Monday, but be on call the rest of the week. This is extremely irritating when one has to make provisions for school and work. Yes, I’m a 50 year old lady who has been forced to go back to school because of this situation. Now, they want to hold me in contempt because I won’t sign a contract with a realator to sell the house. Yet, the proceeds will be put in a trust fund until the ED. This will put me out in the street with no money and no place to go. Now, how’s that for the system? At one point, my attorney told me that the equitable distribution had to be done within 2 years. Why are these cases allowed to drag on and on? If there is no time standard, where does one start on the process of trying to get a new law passed?


#3

First of all, I want you to know that my comment about your case not taking an unusually long time related to the period between the hearing in January and the decision not yet being rendered in February. Certainly, three years of litigation is a long time.

Things take a long time when folks can’t get along. Most people never go to court and they agree on everything within weeks. Sorry your situtation is so difficult.

Laws get changed by contacting your legislator.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My ex and I separated in Feb. 2001. She sued me in September 2001 for alimony and equitable distribution of the marital assets. We completed a Post separtion hearing in March 2002. My attorney informed me of the court’s decision a week later but neither the court nor my attorney produced a signed copy of the order until June 2002. I was granted an absolute divorce in December 2002.

We have been back in court at least 4 more times for the final hearing on the alimony and ED. Closing remarks were given in January 2003. Six weeks later, as of today 2/28/03, I am still awaiting a decision from the court.

Are there time standards the court must follow? If so, what are they? If the court is not meeting the time standards, what can I legally do? It just doesn’t seem appropiate that the court delays making a decision for so long when all the facts have been presented to make the decision. I have been going through this ordel for over two years now. HELP…