Waiting period on a judges decision re: divorce in Massachusetts

Asked 9 months ago - Middleboro, MA

My husband and I went to trial on 8/22/13 for our divorce. It is now 12/1/13 and we still haven't received the decision from the judge on the contested issues of custody of our 17 yr old daughter, the house we own together and alimony. How much longer she we expect to wait to hear from the judge? We live in Massachusetts

Attorney answers (8)

  1. Estela Matta

    Pro

    Contributor Level 16

    10

    Lawyers agree

    Answered . There is no fix rule about when the court has to return a decision. It is affected by the density of the court's calendar, the administrative calendar, the number of issues and the body of evidence the court has to review. The general expectation is that within 6 months the court will have prepared it decision.

    This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this... more
  2. E. Alexandra Golden

    Contributor Level 19

    8

    Lawyers agree

    Answered . We simply do not have enough judges sitting in the Probate and Family Court to handle all the cases. Unfortunately, that means that delays like this are inevitable.

    E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are... more
  3. Michael J. Szklasz

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . While I agree with the other attorneys, I must add that you can go to the clerks' office of that court and request to see the docket file. It may already be in there (they make mistakes- they are human)..

    No attorney-client relationship is created in responding to this question, and advice provided is based solely on... more
  4. Ernest H Hyde

    Contributor Level 9

    1

    Lawyer agrees

    Answered . This can depend on the County to case was in and the judge who heard it. There is no time obligation for the judge to respond and we have cases that took nearly a year, even after contacting the clerk and register's office.

  5. Henry Lebensbaum

    Contributor Level 20

    Answered . Have your lawyer contact the clerk's office

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  6. Michael Fray Suarez

    Contributor Level 7

    Answered . There is no set time limit for Court decisions but you can certainly try contacting the clerk to obtain an update. While you may not obtain an answer right away you will eventually get the Court's attention.

  7. Allan L. Baron

    Contributor Level 9

    Answered . As a reasonable time has passed, I would suggest that your attorney contact the judge's clerk to determine if the judge's decision had been filed. If temporary orders have been entered and no longer are making sense, your attorney may file a motion to modify the orders that are not working for you.

    This answer is for informational purposes only and is not intended as legal advice. No Attorney-Client... more
  8. Helena S Friedman

    Pro

    Contributor Level 7

    Answered . Since several months have passed, I would check with the clerks office to make sure the case did not get lost or misfiled. If it is till with the judge, as you read in other attorney's answers, there is no set time and which to issue findings. If there are problems resulting from the lack of a decision, have your attorney address these issues with the court.

    Good luck and best wishes.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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