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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111449
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My divorce was assigned to a magistrate in the state of Florida,

This answer was rated:

My divorce was assigned to a magistrate in the state of Florida, Collier County. The magistrate has issued his financial report and the findings and I issued a response to it asking him to reenter lies the financials and provided a new financial affidavit with the response.

My question is does it require the magistrate hold another final hearing prior to making a recommendation for the judge to sign the divorce decree or can he just adjusts his findings and destiny in fact change then he has to re-issue his report revise and a nether 15 day wait. Comes into play? I am not clear on whether since I responded we have to have another hearing or if we only have another hearing if the magistrate justice findings. Furthermore I am considering dismissing the divorce and that is why I am trying to figure out how much time I have to decide that.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you have responded to the financial report and filed an objection to it, your objections go to the court and based on those objections the court can hold a hearing by the judge or the judge can send it back to the magistrate for further review. It is now at the discretion of the judge to decide how to handle your objection.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

You very very detailed information that you sent to both of my questions. I do have one follow up to this if I am fact file for a motion to dismiss I am aware that I then would either have a hearing to dismiss in front of the judge or the magistrate is the judges choice. My question is if you file free motion to dismiss and you have a hearing are you able to change her mind at the hearing and then the original report findings of the financials that we discussed earlier just go ahead and go through? That was my husbands question because he wanted time to think about it.

Customer: replied 3 years ago.

I apologize for the typos in the previous reply I was asking if I filed a motion to dismiss not a free motion that was a typo if I file a motion to dismiss and have a hearing and let's say change my mind at the hearing to dismiss would the magistrates original findings of financials then go ahead and go through or does it go back to square one...back to a NEW final hearing with a new financial recommendation report.

Thank you very much for your kind words and your follow up.

Once you file your motion to dismiss the findings if you withdraw your motion, then the magistrate's report is back as the report that the judge will use in the case, it does not go back for a new hearing.
Law Educator, Esq. and 2 other Legal Specialists are ready to help you

Related Legal Questions