After Final Hearing

[rondaluke]

What is the name of your state (only U.S. law)? Ohio
I did everything that my attorney told me to do. Divorce papers filed in 03/07. After continuances, final hearing was 03/08. The judge had everything he needed. It is over 6 months later and he STILL has not signed the final papers. Is there anything that I can do to make it happen, anyone I can contact? I have paid my attorney in full, over $4000. I have paid over $12,000 rent while my husband lives in our house that is paid for. I am unable to purchase a house until I receive the divorce decree.

 

[Bali Hai]

What is the name of your state (only U.S. law)? Ohio
I did everything that my attorney told me to do. Divorce papers filed in 03/07. After continuances, final hearing was 03/08. The judge had everything he needed. It is over 6 months later and he STILL has not signed the final papers. Is there anything that I can do to make it happen, anyone I can contact? I have pain my attorney in full, over $4000. I have paid over $12,000 rent while my husband lives in our house that is paid for. I am unable to purchase a house until I receive the divorce decree.

The judge and/or assistant(s) are most likely closely examining your agreement to determine if you are legally getting everything you are entitled to.

 

[rondaluke]

I'm sure that's what is happening. My question is, Is there anything that I can do to make it happen, anyone I can contact, before I go completely broke waiting?

 

[Ohiogal]

I'm sure that's what is happening. My question is, Is there anything that I can do to make it happen, anyone I can contact, before I go completely broke waiting?

Not what is happening. It probably got lost. Call the judge's bailiff, clerk or secretary and ask them if it has been signed and if it has not been signed when the judge may get around to it in order to nudge him in the direction. If that doesn't work, file a motion to compel the judge to issue a decree of divorce.

 

[rondaluke]

Thank you, Ohiogal. That answers my question.
I know that I could contact my (useless) attorney and ask him to check into it but I really don't want to get yet another bill from him. I would think that $4000 and a year and a half later, I should have what I paid for by now!
Thanks again.

 

[MFinancier]

The judge and/or assistant(s) are most likely closely examining your agreement to determine if you are legally getting everything you are entitled to.

LOL...Bali...that's a good one

 

[rondaluke]

I did as Ohiogal suggested. I called the Clerk of Courts office. I gave her my case number and she checked on the computer (which I have done every single day for a year and a half). She said she couldn't understand why the judge had not finished my case, but that the papers were in his office. He was in a meeting but she would check and give me a call back.
I waited a week for her to do that. She did not. I called back again and talked to a different lady. She said call my lawyer. I told her he's useless and she transferred me to Domestic, which she should have done in the beginning. The man that answered barely gave me the time of day and said I needed to talk to my attorney.
I caved in and called my lawyer and asked him why I am still married. His reply "because the judge is slow". He was upset that I called the court. I asked him if there wasn't anything he could do and he said "I can't just call the judge and ask him to sign the papers". I said "Can I". He became more upset and said that wasn't a good idea.
So, I guess there isn't anything to do but wait and wait. Is there?

 

[Ohiogal]

Your attorney can file a motion to compel against the court.

 

[mistoffolees]

Your attorney can file a motion to compel against the court.

I'm just curious if this is a real solution or theoretical. Would you, as an attorney, file a motion to compel against a judge -- knowing that you're going to have to appear in front of that judge for years?

 

[LdiJ]

I'm just curious if this is a real solution or theoretical. Would you, as an attorney, file a motion to compel against a judge -- knowing that you're going to have to appear in front of that judge for years?

I know of many attorneys, in many kinds of cases who have done so. However, I have also known of many attorneys, in many kinds of cases who were too afraid of the judge to file that kind of motion. What I call the "small town judge with a god complex" syndrome.

 

[rondaluke]

Thanks for the responses. I don't know (or care) what the ramifications would be to my attorney if he filed the motion. I just think it's a really bad idea on my behalf. Before the judge signs the papers, he has to decide the division of assets. There are retirement funds and securities, our house and property and all that goes with it.
And then there's the fact that since my husband got tired of working and retired early at a much reduced rate, he is asking that I pay him $700 a month support for the next 5 years. So you see, I really don't want to be the one to ruffle the judge's feathers.
I just want to be done with it.
Apparently, I have no option - I just wait some more.

 

[Bali Hai]

Thanks for the responses. I don't know (or care) what the ramifications would be to my attorney if he filed the motion. I just think it's a really bad idea on my behalf. Before the judge signs the papers, he has to decide the division of assets. There are retirement funds and securities, our house and property and all that goes with it.
And then there's the fact that since my husband got tired of working and retired early at a much reduced rate, he is asking that I pay him $700 a month support for the next 5 years. So you see, I really don't want to be the one to ruffle the judge's feathers.
I just want to be done with it.
Apparently, I have no option - I just wait some more.

If the marital residence is paid for, why can't you buy your own house now?

Seems like the major sticking point would be the $700/mo. alimony. Since it's not really that much money, you could just agree to pay him to speed things up.

 

[mistoffolees]

Thanks for the responses. I don't know (or care) what the ramifications would be to my attorney if he filed the motion. I just think it's a really bad idea on my behalf. Before the judge signs the papers, he has to decide the division of assets. There are retirement funds and securities, our house and property and all that goes with it.
And then there's the fact that since my husband got tired of working and retired early at a much reduced rate, he is asking that I pay him $700 a month support for the next 5 years. So you see, I really don't want to be the one to ruffle the judge's feathers.
I just want to be done with it.
Apparently, I have no option - I just wait some more.

$700 a month for 5 years doesn't sound that bad when you consider that you've already paid $12 K in rent in a year and a half. From a financial perspective, that's a wash - except when you consider that you're still going to pay $700 a month for 5 years no matter how long you pay rent.

However, some of what you just said doesn't add up. You said that the papers are complete and simply waiting for the judge's signature. If that's the case, why are you still discussing asset division, rent, and alimony? If it's all done and simply waiting for a signature, those issues should be settled.

If, OTOH, the judge has not yet made a decision on alimony, assets, etc, then you still have an option to go back to your ex and reach a mediated agreement and present that to the judge for his signature.

 

[Ohiogal]

I'm just curious if this is a real solution or theoretical. Would you, as an attorney, file a motion to compel against a judge -- knowing that you're going to have to appear in front of that judge for years?

Yep. And it has been done on cases that I have been on. it sometimes serves as a reminder to the court. -- a friendly nudge if you will that this case is out there and needs completed.

The other thing that could happen is that since the Supreme Court of Ohio has been cracking down on courts that take more than a year to hear divorces, she could file a complaint with SCO. Cuyahoga County is involved in big time problems due to this.

 

[Bali Hai]

Yep. And it has been done on cases that I have been on. it sometimes serves as a reminder to the court. -- a friendly nudge if you will that this case is out there and needs completed.

The other thing that could happen is that since the Supreme Court of Ohio has been cracking down on courts that take more than a year to hear divorces, she could file a complaint with SCO. Cuyahoga County is involved in big time problems due to this.

Judges are probably spending all their time down in the Flats.