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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116707
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband (attorney) filed a motion not wanting our divorce

Customer Question

My husband (attorney) filed a motion not wanting our divorce to be heard in front of a magistrate, they chose to have a judge instead. Of coarse that was granted. @ 6 months after that (other hearing's continued) both my husband and I no longer had attorneys. A year went by, and out of nowhere (I live out of state) I just by happenstance found out that a hearing was scheduled for a Dissolution of Marriage in front of a magistrate. I was unable to make that hearing (I only had a few weeks notice) so I sent in a "motion for continuance" because I had no idea what this was about and I wanted to seek legal advice. Although I was in touch with the magistrates asst constantly, making sure they received my motion, it wasn't until weeks after the hearing that I found out my motion for a continuance was denied.
I made a complaint and had a hearing with the "judge" along with 25 proven facts why the magistrates ruling was in error. The top of the list was the fact the he already filed and was granted for this case not to be heard by a magistrate.
Unfortunately, because I did not provide the transcripts from the hearing that I wasn't present, I provided all the other transcripts relevant because I had my husbands motion denying to be heard by a magistrate with me, and thought it never should have been heard by her in the first place. Also the fact that I never received any notice that our case was active again. Duval county FL is the first place that that I have ever heard of that doesn't care if a party in a lawsuit was notified or not. It's also the first place that actually allows "proven perjured testimony" to not only be given, but has ruled in favor of "PROVEN" perjured testimony.
Can this case be decided by a magistrate even though my husband filed and was granted for it not to be heard by a magistrate? Then, without any notice whatsoever to me, can he change is mind while I'm not looking and without providing any recent rulings in our case (and the magistrate never looked our case up, because my husband has been in contempt for 2 years) and she must've only listened to whatever BS he was serving that day, and made her ruling on that.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If he asked for the case to not be heard by the magistrate and then changed his mind, he can do so. What is more disturbing and a stronger argument for you to file an appeal on would be his failure to give notice, which is a violation of your right to due process. So, you have a right to appeal the decision based on the lack of notice and denial of your rights to due process and seek to have the magistrate ruling vacated on that basis. You would need to file an appeal to the district court of appeals if the judge denied your request. You need to get all of the transcripts, including the one where you were not present and in your appeal state the reason you did not submit that one to the judge is because you did not have adequate notice of the hearing or that the continuance was denied. At this point, since you need to go to the DCA, it is best you engage a local FL attorney to pursue the appeal to get the decision vacated.
Customer: replied 1 year ago.
I have filed complaint's about "due process", it's been brought up in a couple of different hearings and there's never been a response. I have called the district attorney several times, I never received a call back and did not expect one - she is my husbands cousin. My case has been so prejudiced because of my husbands connections. He was recently convicted and sentenced in Federal Court (it has nothing to do with me) for the same things he's done to me, one of which is "Fraud". He's sentenced to four years, that case actually helped "prove" part of my case, but I can not get anywhere in the circuit court system.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You are going about it wrong. You need to file an appeal to the DCA to get the judgment in the case vacated and sent back to the court. Filing complaints is not enough, it has to be an appeal and if the DCA denies your appeal, then you need to appeal to the FL Supreme Court.

Customer: replied 1 year ago.
This divorce actually started 16 years ago!! My husband stopped paying child support & alimony years ago, and is still in contempt, but again not one thing has been done to him. Now that my youngest has aged out, apparently support payments are no longer a big deal to them. It's huge deal to me, I have no money left.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You can file a new motion for contempt against him to ask the court to allow you to seize whatever assets he owns and bank accounts he has to satisfy the judgment, but I am afraid that while you may not have a lot of money left, you will need a local attorney to file it for you and negotiate some deal with the attorney to perhaps take a percentage of what he/she is able to recover from him by seizing his assets, if he has any. If he has no assets to seize, then no matter how much you go to court against him, all they can do is order him to pay and if he has nothing there is not much they can do. If he has assets (bank accounts, investments, property) then they can order them seized to pay you what you are owed.

Customer: replied 1 year ago.
There have been at least 4 contempt motions filed over the past 18 months, my old attorney filed one and I've filed at least 3 - every 3 or 4 months I file one. I've brought it up in every hearing - and nothing.
My husband even wrote the judge a letter, ex-parte, even admitting that he did not send anyone involved a copy, much less gave me a heads up, and that letter was accepted!
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Then the proper venue is an appeal to the DCA or FL Supreme Court to get the judge's judgment overturned. That has to be your next step.
Customer: replied 1 year ago.
I have said "you can't do that!" in several hearings! I did it again in this last hearing and the judge told me to get out! LOL ... however, he did give me a month to produce the magistrates transcripts. But I just asked for a continuance because my daughter (21) was recently raped and also hospitalize for suicide. I told him that I have the hospital papers, etc., as proof and that my husband (her father) knows this to be true, and leaving her right now is not an option. I could also provide physicians letters to corroborate this information. ... But again, "MOTION DENIED"! I've only asked for a continuance 2 times ever, I live in Northern VA and this case is in Jacksonville, FL. I've never had my continuance "granted". My husband has cancelled or continued more hearings than hearings that went on as scheduled. He would wait until I traveled to FL, then he would cancel or delay.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Again, you need to file an appeal. You keep telling me facts that all indicate that you need to file an appeal of his judgment and go to the court of appeals or supreme court on an appeal.
Customer: replied 1 year ago.
I will file with the DCA, however I thought I had read that they do not accept appeals in regards ***** ***** or accepted perjury.
Customer: replied 1 year ago.
Thank you! My work is never ending! Sheesh!
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You have to appeal the final judgment from the court to the DCA. If it is only magistrate then you have to file the appeal to the District Court and if they deny you, then you can file the appeal to the DCA.