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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117375
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My divorce was assigned to a magistrate in the state of Florida,

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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.

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Customer: replied 4 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 4 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.
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