At the end of a case in family court - whether it is a divorce, child custody battle, or child support modification - the judge is expected to rule on the matter and issue a final order. The judge’s ruling will not take effect and be enforced until the judge officially enters the order on the case. Generally, there are few issues with orders taking effect, though people involved in 52 cases out of one Mecklenburg County family court have been struggling with this issue since 2017.

According to reports, a family judge heard cases in Mecklenburg County family court in 2017, including child support and custody matters stemming from divorce cases. Though the judge might have ruled on the matters from the bench, she failed to enter final orders on the case files. Without a written order, the verbal ruling from the bench has no effect. The judge has transferred out of family court, but she retains oversight of her family cases and still has not entered rulings from her previous cases, causing problems for dozens of families.

While no judicial discipline has been imposed, one attorney who had repeatedly requested a writ from the Court of Appeals, which was granted in 2018 after the case had been waiting without an order for a year. Though the judge complied with the Court of Appeals and issued the order in that one case, the judge also altered the ruling to order the party who pursued the writ to pay $500,000 in attorney’s fees. Now, attorneys are concerned their clients will face such retaliation if they try to force an order to be entered.

The Effects on Divorce Cases

While few people would speak on record due to the fear of retaliation, one woman stated anonymously that the judge presided over a child support trial in 2017. Without an order, the woman has not received any child support, since the father has not officially been ordered to start paying. This has resulted in dire financial circumstances for her and her three children.

If you had a divorce case in front of this particular court and no final order was entered, it would effectively mean that you are still married. This means that without the final written decree, you would not legally be able to remarry. Many people might want to remarry in 2020 after a 2017 divorce, and they may be prohibited from lawfully doing so. If they did remarry - not realizing the divorce was not finalized - the new marriage would not be valid, and they could even face consequences for bigamy under the law.

In addition, spousal or child support might be withheld without penalties, since there is no order to enforce. The same goes for child custody arrangements, as you would not have an order stating the agreed-upon schedule or arrangement.

Seek Representation from the Right Charlotte, NC Family Attorney

While most cases have final orders in a timely manner, this is only one example of the various legal complications that can arise in divorce cases. The good news is that a Charlotte divorce attorney from Blood Law can protect your rights. Call 704-256-5232 or contact us online for more information.