Judge's Decision

[deecopperpot]

What is the name of your state (only U.S. law)? FL

After 18 months of mediation, appearing before a magistrate for a 3 hour proceeding, and then being appealed by the ex wife to be heard before the Judge for more alimony.....MY FIANCE WON!!!! He presented his case pro se in all situations. She was also denied payment of her legal fees which were very high. They were married 12 yrs with no children but she was awarded $1,500 a month, modifiable as he wanted out. So this is fine and now he is planning on filing a motion to reimburse himself for his legal fees which included a manuscript of the Magistrate proceedings. He is waiting for the Judge to send the final decision in order to file his motion. Question...if you represent yourself is it your responsibility to write the decision up or does the judge do it? It has been two weeks.

Our next step is to retire as then the alimony will go away as she will receive SS. For all of you out there paying good luck and don't give up. For those receiving....PUT ON YOUR BIG GIRL PANTIES AND GET A FULL TIME JOB!

 

[Bali Hai]

What is the name of your state (only U.S. law)? FL

After 18 months of mediation, appearing before a magistrate for a 3 hour proceeding, and then being appealed by the ex wife to be heard before the Judge for more alimony.....MY FIANCE WON!!!! He presented his case pro se in all situations. She was also denied payment of her legal fees which were very high. They were married 12 yrs with no children but she was awarded $1,500 a month, modifiable as he wanted out. So this is fine and now he is planning on filing a motion to reimburse himself for his legal fees which included a manuscript of the Magistrate proceedings. He is waiting for the Judge to send the final decision in order to file his motion. Question...if you represent yourself is it your responsibility to write the decision up or does the judge do it? It has been two weeks.

Our next step is to retire as then the alimony will go away as she will receive SS. For all of you out there paying good luck and don't give up. For those receiving....PUT ON YOUR BIG GIRL PANTIES AND GET A FULL TIME JOB!

Great advice deecopper.

 

[deecopperpot]

Thank you Bali! Any answer on who should write up the Judge's decision...the judge or the winning lawyer?

 

[seniorjudge]

Q: Any answer on who should write up the Judge's decision...the judge or the winning lawyer?

A: The judge will make that decision.

 

[Gracie3787]

That is wonderful. It's nice to see a pro-se man win in court.

 

[Ronin]

now he is planning on filing a motion to reimburse himself for his legal fees which included a manuscript of the Magistrate proceedings.

If his "legal fees" include the cost of his own time as a pro se, that won't fly. Most likely the other costs such as manuscript fees will be denied, but it doesn't hurt to ask.

Question...if you represent yourself is it your responsibility to write the decision up or does the judge do it? It has been two weeks.

Two weeks is nothing. It can easily still be pending six months later if you let it. If you sit back and wait for the judge it will likely be a very very long wait. Most often the winning side prepares a draft of a proposed final order to be reviewed by opposing counsel. After making any mutually agreed upon changes, if there are no objections or if there are items that are contested, the winning side will file a motion for a hearing to sign orders.

If the document or portions of it are contested, it is a good idea to show up prepared with a copy of the rulings transcript to show the judge exactly what was stated in his rulings and how the document accurately reflects that. At that time the judge will either accept the document as is, make changes or crossouts on the document with both parties initialing the items, or order corrections to be made and resubmitted.

It is much more proactive for a pro se in your situation to promptly take the initiative and prepare proposed orders, send a copy to opposing counsel with a request to review and comment, and after a reasonable wait, submit a final draft with a motion and request for hearing to sign judgment. Worst case is the judge rejects it and files their own, but it will at least get the ball rolling. Most judges have neither the time or desire to prepare orders and leave these mundane chores to paid counsel.

It is possible the other side will prepare and file proposed orders ahead of you. If so be sure you review it and are ready to object as needed prior to signing it. Some lawyers will try to slip things into final judgment they shouldn't or manipulate the wording to favor their client. Once signed by the judge its pretty much a done deal.

 

[InsaneJane]

^^^X2 I agree with Ronin.
Go to the court house and copy a few. You may even be able to get the clerc to give you the prefered format.
End of round 1.
Good luck