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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 26348
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My file filed petition for dissolution of marriage in her

Customer Question

My file filed petition for dissolution of marriage in her county that she lived. I never live in that county. Then I already submitted her a default judgement granted in my country. I asked the court to transfer the venue, but they sent the case to the general magistrate. What should I do next?
Submitted: 8 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 8 months ago.

Just to be clear, you filed for divorce against her, she was served and defaulted? Then, she filed in her county after you already filed?

Customer: replied 8 months ago.
No. At the time she filed a divorce against me, I already had a pending case for divorce in my country where the marriage took place. My divorce was granted by default judgement in my country, then I sent the divorce certificate to her and to the court. I requested to the court to transfer the venue where I am living or in the county that we last lived before the separation.
Customer: replied 8 months ago.
Then they sent the case to general magistrate.
Customer: replied 8 months ago.
What should I do?
Customer: replied 8 months ago.
Also, we have two minor children
Expert:  FamilyAnswer replied 8 months ago.

Oh, so this was out of the United States?

Customer: replied 8 months ago.
my divorce. But her petition for divorce was filed in Orange County where she lived currently
Expert:  FamilyAnswer replied 8 months ago.

Thank you. Since you filed in another country, it may not have legal effect here in the United States and since you have children and martial assets here in the US, those need to be divided. If she was defaulted, it means she failed to respond and since this was in another country, she may have not had notice. She can file in the county where she resides, so the court is not going to simply transfer it to where you live. You would need to litigate the matter in the county where she lives and address the issue of child custody and division of martial assets.

Customer: replied 8 months ago.
I responded to the petition already. The fact that we did not live in Orlando as husband and wife, pursuant to Florida status chapter 14 the venue is improper. So I moved the court to transfer the venue due to the fact she and I didn't reside in Orange country before the separation.
Expert:  FamilyAnswer replied 8 months ago.

Florida has jurisdiction over a divorce when one spouse has been a resident of Florida for at least 6 months prior to filing the petition.

Customer: replied 8 months ago.
I'm not talking about the jurisdiction but I'm talking about the venue. They're completely different
Customer: replied 8 months ago.
since the venue is improper, I believe that they need to transfer it to the proper venue even the jurisdiction is proper
Expert:  FamilyAnswer replied 8 months ago.

It does not matter where she lived prior. It matters where she has resided for the past 6 months and if it has been in Orange county, they could hear the matter.

Customer: replied 8 months ago.
Ok
Customer: replied 8 months ago.
Why you think the sent the case to the general magistrate?
Expert:  FamilyAnswer replied 8 months ago.

They do this to ease the case load for the Judge. However, you can request this be escalated to a Judge and object to it.

Customer: replied 8 months ago.
How to object it?
Expert:  FamilyAnswer replied 8 months ago.

After the judge refers your case to a general magistrate, either party (including the party who was required to prepare and submit the Order of Referral) may object to the referral within 10 days of the date that the referral is made (if the Order of Referral is served by mail, the parties have an additional 5 days within which to object to the referral). Every litigant is entitled to have his or her case heard by a judge. It would need to be in writing and filed with the court and a copy would need to be sent to her. The clerk of court in the family division should have the form for you to fill out and file.

Customer: replied 8 months ago.
I will object it
Expert:  FamilyAnswer replied 8 months ago.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.

Customer: replied 8 months ago.
What about if I received by mail the referral notice after the 15 days that it's been sent, can I still object it?
Expert:  FamilyAnswer replied 8 months ago.

If the time has passed, you can still try and show good cause as to why you failed to object and see if the court will allow it to go before a Judge.

Customer: replied 8 months ago.
What would be the best option in such situation, object it or let it go to the general magistrate?
Expert:  FamilyAnswer replied 8 months ago.

You can object, if you want this to go before the Judge. Worse case, is that it is denied and untimely but it does not mean that if the issues are not resolved, with the GM, that it will not end up in front of the Judge.

Customer: replied 8 months ago.
I forgot to tell you that they referred the case after they set up a mediation date then I object on the venue
Expert:  FamilyAnswer replied 8 months ago.

Thank you again and please let me know if there is anything else. If not, then I kindly just ask that you rate my help at the top, so the site gives me the proper credit.

Customer: replied 8 months ago.
I will but I have other questions
Expert:  FamilyAnswer replied 8 months ago.

Yes, I am happy to answer those related to this specific question, so please let me know

Customer: replied 8 months ago.
To object the referral what type of motion should I prepare?
Expert:  FamilyAnswer replied 8 months ago.

It would be an objection to the referral of the case to the GM. A party must file an objection to the referral within 10 days after service of the referral or be deemed to have implicitly consented to the referral. Objections can be filed before the time a responsive pleading is due if the referral was made within 20 days of when action filed. Failure to timely object may be overcome by good cause shown before hearing commences. One court decision has held a party may object before the referral is made. A party waives the right to object to a referral actually made if the party participates in the hearing, but the party does not waive objection if there is a total lack of any referral order.

The notice of referral must state with specificity what is being referred to the general magistrate and must contain certain mandatory language. An entire case is generally not referred to a general magistrate unless the parties consent. After referral, additional matters may not be referred without agreement of parties, and the general magistrate is without jurisdiction to hear additional matters not referred.

Customer: replied 8 months ago.
Great
Customer: replied 8 months ago.
In my case, the whole case is referred to the GM. I don't want that
Expert:  FamilyAnswer replied 8 months ago.
Then you need to object to it being heard by the GM as shared upon. Thank you again and I look forward to the positive rating above.

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