Q: How long do i have to wait for a judge to make a decision on my case?
My spouse and i are getting legally separated. On 12/1/2022 we subm9tted the final judgement packet to the court clerk in Riverside County Superior court in Hemet, CA. It is a simple separation. No property to split, no children, no spousal support. I need this legal separation to be completed in order to be able to receive th3e IHSS home health care hours i need each month. As of now they expect my estranged spose to take care of me which i8s not happening. I read that a judge was supposed to make a decision within 90 days, is that true? how long does the judge have before he has to make a decision? What can i do to compel a response. The last th9ing i want to do is piss the judge off and then have him kick it back and have to wait another 6 months. I dont know what else to do at this point.
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A:
In California, there is no specific time frame in which a judge is required to make a decision in a legal separation case. However, the California Family Code does state that a judgment should be entered within 30 days of being submitted to the court for cases without property, spousal support, or children involved. In your case, since you submitted the final judgment packet on December 1, 2022, the judge should have made a decision by January 1, 2023.
If it has been more than 90 days since you submitted the final judgment packet, you can check with the court to see if there is any delay or if additional information is needed. You may also consider contacting an attorney to assist you with the process and help you navigate any potential issues.
As for compelling a response from the judge, you can file a motion requesting that the judge make a decision within a certain time frame. However, it's important to note that judges have busy schedules, and it's generally not recommended to push too hard or risk irritating the judge. Your best course of action may be to follow up with the court and possibly seek legal assistance to help move the process along as smoothly as possible.
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