Legal Question in Family Law in Pennsylvania

I am in PA. I filed a motion against my ex not fulfilling a part of our divorce agreement. I had a hearing before the judge last November, 2014 and it has not yet been ruled on 47+ weeks later. I have been told by countless people that this is ridiculously too long for a decision. My attorney hasn't approached her saying that he thinks if he questions her, it might have a negative response. Is there something that I can do? Is there something the judge has violated?


Asked on 10/09/15, 7:42 am

1 Answer from Attorneys

ANDREA G. TILLIS Law Offices of Andrea G. Tillis

Thank you for your question,

I am sorry to hear that the attorney you chose is not representing you properly. One of the most important Rules of Professional Conduct which govern all Pennsylvania Attorneys is that, we "...ZEALOUSLY advocate and protect our clients' interests......"

If your attorney had submitted Pennsylvania case law and/or the relevant sections of the Pennsylvania Divorce Code to support his arguments on your behalf, the Judge would have ruled on our motion by now. If your attorney did not present Pennsylvania case law or the appropriate sections of the Pennsylvania Divorce Code to support his arguments, you could be waiting another 47 weeks without the Court's decision. If an Attorney supports his arguments with proper case law and Pennsylvania law as he or she is supposed to, the Judge would have no choice and would have ruled on your motion by now. Since no ruling has been made on your motion, it is fairly safe to say that this delay is not being caused by the Judge, and I would not advise you to blame it on the Judge until you were absolutely sure that your attorney submitted everything that the Judge would need in order to rule on your motion. I think that a better question for you to ask is whether or not your attorney was and is properly representing you.

Best of luck,

ANDREA G. TILLIS

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Answered on 10/11/15, 11:46 am


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