Due process? Judicial time limits

[anthonyusmc2001]

Do judges have a due process or time limit that they should sign divorce papers and grant the divorce? I have been legally separated since Dec 2003, filed for divorce Jan 2004 and after redoing the separation agreement many times due to "new laws", my paperwork kept finding its way to the bottom of the judges inbox. I made my attorney go in and sit down with the judge and review everything for accuracy and completeness. In Nov 2005 the judge and my attorney did this and my attorney was told that everything was good and the judge would sign it the next day and send it down to the clerk the next day. My attorney has called and gone back to the judge on many occassions since and it is alway back on the bottom of the stack of papers and the judge then reassures my attorney that it will get done the next day. Now it's going on April of 2006 and still no signature or divorce. The judges assistant was of absolutely no help either and wouldn't even remind the judge of my case. I am now in my second deployment in Iraq with this still going on and would like to get on with my life as would my ex. My attorney said he could file a "writ of mandamus" against the judge for an additional fee and the Judicial Inquiry Commission wasn't of much help either. Please help me get on with my life someone.

[Lee Borden]

It's possible you have one of the (very few) judges who truly are dilatory in fulfilling their duties. It's also possible that your attorney is finding it difficult to comply with the requirements of the court. It's also possible (perhaps even probable) that it's a combination of the two.

Your divorce file is a matter of public record. I know you can't do this personally, but consider asking a trusted friend or relative to go the courthouse and actually examine your file. See http://divorceinfo.com/blog/?p=386. It's possible that he or she may learn new information about the sequence of all this.

Armed with your own notes and recollection (strengthened by any new information you receive from reviewing the file), write a letter to your lawyer with a copy (if appropriate) to the judge, the Alabama Judicial Inquiry Commission, and the Alabama State Bar Association. In that letter, state in a matter of fact way the facts YOU KNOW FROM YOUR OWN OBSERVATION about the various submissions and statements involved in your case and the action you hope the various parties will take to get it resolved. If a portion of the delay is your responsibility, say so. Avoid making any conclusions or even speculating about the motivations of others, because you don't know (and cannot know) what they are.

I strongly urge you NOT to do this without actually reviewing the file. Rightly or wrongly, lawyers often attribute delays in cases to the court staff or to the judge when the delay is actually caused by the lawyer's mistake or inattention. The last thing you want to do is to make negative allegations about a judge's (or anyone's) behavior that turn out to be untrue.