Boxcarbill

[ktarra617]

What is the name of your state? tx

How long can one expect to wait to get new orders done?

For example our final hearing was last october, we still have not heard anything from the ex's lawyer in regards to final orders for the judge's ruling. Our lawyer has contacted the ex's lawyer numerous times and we never get a response in regards to when we will recieve a copy of the new orders?

Is it possible to wait years?

If so, what happens if those orders are still pending and new litigation is filed?

 

[Boxcarbill]

I have had this to happen only twice. As it turned out, the lawyers in both instances had forgotten to draft the order and both were terribly embarrassed when I called it to their attention and immediately corrected the over sight. If and I do mean If your lawyer actually contacted the opposing counsel regarding the need to draft the order, the problem should be solved.

When a judge makes a ruling from the bench, as opposed to the parties working out an agreement, the Judge writes on the docket sheet the date, type of motion heard, and his rulings on the issues in the case. If the parties announced in open court their agreement, the agreement of the parties is also noted on the docket sheet (inside flap of the official file). That means, the ruling has been made and it is enforceable. If for some reason the other attorney has not made a very quick response upon notice of this over sight, your lawyer can voluntarily draft the order and submit it to the judge with an signing. This is too simple a problem to solve for it to drag on. Of course, the judgment does not become final until 30 days after the judge signs the order so while the judgment is enforceable, either party can appeal the ruling until 30 days after the judge signs the order. So build a fire under your attorney.

 

[ktarra617]

thanks so much!!! Our attorney has sent us copies of letter's she has sent to the opposing counsel, so I have to assume that she has indeed contacted them..

I will give her a call this afternoon and tell them to start drafting the new orders...we were led to believe that the opposing counsel had to draft the new orders since she won in regards to the custody suit.

Again thanks so much! We were worried that this was going to drag on and it would still be dangling out there when new litigation starts. (we are already hearing that she wants more child support since she's pregnant and doesn't want to work)

BTW, does the one year period in which most judges don't want to hear anything about this case again begin with the ruling or when the orders are signed?

You've been a lot of help!!!

 

[Boxcarbill]

thanks so much!!! Our attorney has sent us copies of letter's she has sent to the opposing counsel, so I have to assume that she has indeed contacted them..

I will give her a call this afternoon and tell them to start drafting the new orders...we were led to believe that the opposing counsel had to draft the new orders since she won in regards to the custody suit.

Again thanks so much! We were worried that this was going to drag on and it would still be dangling out there when new litigation starts. (we are already hearing that she wants more child support since she's pregnant and doesn't want to work)

BTW, does the one year period in which most judges don't want to hear anything about this case again begin with the ruling or when the orders are signed?

You've been a lot of help!!!

Your attorney is not going to be overly excited about doing the drafting because it is additional work and additional costs for paper, copies, postage, etc. but will do if her feet are held to the fire or she will transfer the heat to the other attorney to get it done.

The one year is from the date the case is heard.

 

[ktarra617]

Thanks!