My divorce trial ended on September 23, 2016 and I still have not received a judgment. I have been divorced since June 3, 2015, but was granted a new trial under Rule 60, because the original divorce and judgment were clearly fraudulently obtained by my ex-wife. The judge granted the new trial under Rule 60 in December 2015 and "opened" the judgment. I am still living under the original judgment until the new one comes, which has very restrictive visitation with my ten year old son and to make matters worse, my ex remarried on October 17, 2015. I am paying for her to live in my house (my mortgage, my deed) I am paying the mortgage, utilities, phone, cable and internet. The judge clearly knew the judgment was wrong in December 2015 and has known of my ex-wife's marriage since December 2015. it has been over six months and no judgment.
I am paying alimony to a married woman, been forced to give up my house and have limited visitation with my son, no overnights, alternate weekends and every Wednesday - with seemingly no end in sight. Can anything be done?
Unfortunately, the only thing you can do here is to call the clerk and see when a judgement might be issued., and if you don't get anywhere, make a complaint with the Administrative Office and the Chief Judge (http://www.mass.gov/courts/court-info/trial-court/pfc/). There is no set time limit that a judge has to issue a decision, but six months is a little extreme.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
If you are represented by an attorney, then you should ask that attorney to take steps on your behalf. If you are not represented by an attorney (which sounds as though it is the case), then you might consider getting an attorney involved for the limited purpose of seeking to expedite the judgment. If you refuse to get an attorney involved, you should write a well-drafted, clear, professional, short letter to the judge asking very very politely for the court to turn its attention toward this matter because of the prejudice that may accrue by the passage of time.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
The rule of thumb is one month for every day of trial. But there are other circumstances that come into play, namely the "busyness" of the Court. If represented by an attorney, that attorney can make inquiries to the judge's clerk. If pro se (representing yourself), you too can make inquiries to the judge's clerk, just remember to be polite and respectful as possible.
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