Legal Question in Family Law in California

If you have an attorney working for you, your attorney is most likely doing the best he can do to move it along. What your attorney may not be doing however is, explaining to you in terms that you understand the complexities of the situation and the reason for the hold up. If he is not serving your needs, then you may need to find a different counsel who will be willing to explain to you your case in easier to understand terms.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

Your attorney also may not want to do what he could do, because it could be bad for his standing with the judge. Judges are only supposed to keep matters under submission for 30 days max. The presiding judge is then supposed to require them to provide a statement of why they have not made a decision and when one will be forthcoming. We lawyers are reluctant to play the card of writing to the PJ about a slow judge, even though we have the right. I think you can see that "tattle-taling" on a judge to his or her PJ can be risky if you appear before the judge very often.

I have no idea where Mr. McCormick gets his time limits. In California, a judge may not have a matter under submission for more than 90 days, not 30 days. In order to draw pay in California, a judge is required to sign a pay affidavit that states that they have no matter under submission for more than 90 days. If it is a problem, you can sometimes write a letter to the presiding judge, and begin a complaint process with the Commission on Judicial Performance. The problem with this flawed process is that you become the jerk that complained, and the decision ends up being against you.