Q: What does it mean when a lawyer files an out of time motion for a divorce? Its been 9 months.it was cut and dry.
I was granted a divorce dec 2013. The attorney never filed for a final decree until a week ago and called it an out of time motion. The divorce was cut and dry the marriage settlement was filed the same day. I have paid thousands of dollars in the meantime and now have as another court date. We fought over nothing. Please help
A: It means that the time to file the documents "in time" (within a prescribed period of time - e.g. 30 days for Decision pending Entry of Final Judgement or within 30 days of three months and one day having elapsed for the Final Judgment) has lapsed. Generally, if the "cut and dry" agreement is still valid, often the parties will sign a stipulation to enter the documents "out of time" so as to achieve the status of a final legal divorce. Otherwise the moving party must appear before the court on the record and explain that the motion to file has been filed and represent to the judge whether any objection has been lodged. These are steps that are very often overlooked by parties who choose to represent themselves who inadvertently end up remaining married until this, all to common situation, is resolved.
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