How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33495
Experience:  Retired (mostly)
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

I have applied for divorce in the state of florida 5 weeks

Resolved Question:

I have applied for divorce in the state of florida 5 weeks ago and my spouse has been served and she answered the petition. only bank accounts in assets involved and no children involved and it is a 2 yr marriage. I will be filing a financial affidavit in next few days. My spouse has intention of delaying the divorce as long as possible. In FL especilly my county mediation is mandatory. How soon in the case can I request a mediation and trial date and can she request a postponement of the mediation and trial date and request a later date or find ways to postponing either or both? or can she just delay the case asking for discoveries even though I am willing to submit everything asap. I am employed, she is not yet.
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Mediation is generally set by the court. You can ask the clerk to give you a mediation date, but the date will be entirely dependent on the existing calendar -- there is no way to expedite the process.

Once mediation is complete, if you have not entered into a settlement agreement with your spouse, then you can ask for case management hearing and a trial date as soon as possible. Once again, you cannot push the court's calendar. Most trial dates are at least six months after the first case management hearing. So, unless you can settle, you're probably looking at about 9 months at the earliest to get a court judgment.

Re postponements, courts rarely grant them to self represented parties. Courts grant postponements to attorneys in order to permit them to manage their case load effectively. So, this is not really something to worry about. If your spouse moves for any postponement, your response is that you're ready for trial, and there's no reason to postpone anything. The judge will almost certainly agree, and your trial date will remain where it was first set.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33495
Experience: Retired (mostly)
socrateaser and 13 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


we are both represented by attorneys and I was under the impression that we can ask for private mediator (which i am hoping can be set sooner) instead of mediator in the courthouse. Moreover can't I request a trail date and mediation date at the same time?

Expert:  socrateaser replied 1 year ago.
You could request a mediation and trial date at a case management conference, but if the mediation date gets postponed for some reason, then your trial date may also be postponed. In my view, it would be preferable to complete mediation, and then request a trial date. But, that's between you and your lawyer. If you're represented and so is the other party, then you can tell your attorney in writing that you do not want to protract this matter, and that you are instructing the attorney to obtain a trial date at the soonest possible date, regardless of whether or not discovery is completed.

The attorney will resist your instruction, because:

(1) Attorneys don't like to try family law cases -- it's expensive and time consuming, and the attorney has probably not mentioned to you how much more in advance fees you will have to pay, if the matter goes to trial. Moreover, believe it or not, unless a case settles, most family law attorneys are discharged by their clients before trial, because the client gets mad and blames the attorney for the delay and expenses. It's rare that a family law attorney who starts a case is the same attorney who completes the case; (2) It's malpractice to fail to adequately complete discovery, and it always takes at least 6 months to get it done. So, trying to push the case along, puts the attorney's license and practice in jeopardy -- which means that the attorney will either ignore your demands or offer to resign from the case if you persist in pushing the timeline.

I'm not saying that you can't have a trial at the soonest possible date. I'm merely saying that what you may believe that date should be, probably is too soon. So, I'm recommending that you write to your attorney, explain your concerns, and try to get some sort of rational timeline from the lawyer, so that you're not driving yourself nuts over the issue.

PS. In case you haven't noticed, I've done quite a bit of family law, and I can generally tell a client what he or she is thinking before the client tells me. I hope you take no offense.

Regards.

so you have to make it clear that this is a requirement of the representation.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33495
Experience: Retired (mostly)
socrateaser and 13 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney