Question:
My wife and I are handling out own divorce and were able to come to an agreement on all issues. The judge asked us if we would like to make the orders or have him write them. We chose to have him write them so we didn’t make any mistakes.
That was nearly two months ago and we still haven’t received any paperwork. How long does this normally take? The final divorce date we set is approaching and I’m concerned we will not be divorced on that date at this rate.
Is it normal for a judge to write up the divorce agreement? Can we do anything to speed up the process?
Answer:
I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information concerning divorce.
It is not uncommon for a judge to write up the final documents when the parties to a divorce action are unrepresented. However, you are experiencing the downside of having the judge write the documents – he does not have a deadline by which he must complete those documents.
Two months is a long time to wait, but I wouldn’t say that it is uncommon. Judges that hear family law cases are usually quite busy.
You could call the judge’s clerk at the courthouse and just ask her/him if they know where the judge is at in the process and how long they think it will take to get the final documents completed. It could be that your case slipped through the cracks and no one is working on those documents. Your call will help get someone moving in the right direction.
Make sure you review those final documents after they are prepared. Make sure that the agreement you reached at your settlement conference is accurately stated in those documents.
Once the decree is stamped by the court – it is official and difficult to change if something was misstated.
Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your circumstances.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Utah divorce lawyer Dena L. Morgan, contact Cordell & Cordell.
