Divorce But No Final Judgment

[linsue]

What is the name of your state? FLORIDA
Any advice would be appreciated. Went to final hearing in September. Still do not have a final judgment. My attorney drew up FJ in accordance with judge's rulings. Opposing counsel changed FJ with untruths, basically lowering my share of assets. My attorney submitted new version with documentation. Opposing counsel unreachable for several weeks. My attorney submitted FJ to judge for signature with copy to opposing counsel. Opposing counsel waited until midnight hour and filed objection without stating actual objections. He once again became unreachable.

I am in desperate need of FJ for purposes of medical insurance among other things (I cannot obtain military health insurance for myself until I have FJ in my hands.) Home was damaged and insurance company rendered check in both our names for repairs. Judge ruled that insurance proceeds could be used for repairs or we could split the funds. Husband refuses to make house repairs or to even endorse check so I can make some repairs (I have arranged financing to purchase house (his credit will not allow him to do this) and pay his equity. This insurance check expires very soon. Judge awarded me a good portion of husband's retirement check to be sent directly to me. I cannot have this done until I have FJ in my hands.

Now that my attorney has managed to reach opposing counsel, he has agreed to try to meet with my attorney in a couple of weeks to try to hash it out. I feel I have every reason to believe that he will keep postponing meeting and pull some other stunts to delay.

My attorney says that we cannot get a hearing with the judge until sometime next year. For reasons stated above, I cannot wait that length of time.

Is there anything I can do to compel judge to spare time to have a hearing on this? If not and I obtain medical care, can I hold husband responsible for payment? Can I hold husband responsible for lost insurance proceeds? Can I make repairs to house on my own and hold him responsible? What method will I have to collect my portion of his retirement check from date of final hearing until judge actually signs FJ??

Any advice, suggetions, or help will be greatly appreciated. Thanks.

 

[bulldogg70]

Cut through the bs, if you both (parties)provided the judge with orders (final) and there is a disagreement, take it back to the Judge and ask him to sign the orders.

 

[linsue]

The whole point is that we cannot get a hearing with the judge until sometime next year! If it was possible to get back to the judge, I would not have a problem.

The bs was just to give a background leading up to this point.

 

[bulldogg70]

The whole point is that we cannot get a hearing with the judge until sometime next year! If it was possible to get back to the judge, I would not have a problem.

The bs was just to give a background leading up to this point.

Sounds odd, do you have access to look at the Judges Calander. Anyway, ask for an accel ruling on the FO. I do not have time to research, you may have already, but look at the Florida Rules of Civil Procedure. The rules will explain how much time the Judge has to react. I can say what usually happens is the Judge has about 'upto under advisement' 60 days to make a final judgement (business days). Then there is a total of 25 days for ldoging orders or Final orders, if there is a dispute there is an additional 10 days for the dispute responses. After the dispute responses there is usually 25 days for the judge to sign. I think you mention the Judge just released a summary in Sept. so there still is time before the Judge has to respond.

 

[linsue]

Divorced But No Final Judgment

I looked up the Florida Rules of Civil Procedure but could not find anywhere where it alludes to a time frame for FOs. I appreciate the suggestion. I will contact my attorney and ask him to advise me what the timeframe is.

Thanks

 

[bulldogg70]

I looked up the Florida Rules of Civil Procedure but could not find anywhere where it alludes to a time frame for FOs. I appreciate the suggestion. I will contact my attorney and ask him to advise me what the timeframe is.

Thanks

I attempted to look it up, and this what I think, so take it with a grain of salt. The judge can order the prevailing party to write the orders, which I think he did in your situation. Running down the rules it appears that there is a 20 day response time and if there is a dispute a 45 day response time, Now I am not sure on the 45 but what I followed that is what it appears to be. IF this is true, which does sound reasonable there is still time left.

You not being able to find the other lawyer should not hinder your ability to get final orders, it should only hurt his side as long as serving him final orders was followed.

I think you should be ok and ask your lawyer when is the deadline for the judge to consider FO.

I hope this is a help, I learned alittle myself looking up Fla laws and civil procedures.

 

[linsue]

Thanks again for your help. I will be seeing my attorney tomorrow morning and attempt to verify the timeframe. If you are correct, then the FO should be signed within the next 5 days. If nothing else, at least I know there is probably a time limit on this and it cannot be put off indefinitely.

Thanks.