Family Law Questions? Ask a Family Lawyer Online.
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?
Oh, so this was out of the United States?
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.
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.
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.
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.
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.
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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.
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.
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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.