When you file a case in Lee County, Florida, your case will be immediately assigned to one of five family law judges.
Each day, hundreds, if not thousands, of cases are pending in this jurisdiction. It is an unfortunate fact, but a reality that our court system faces.
Now, the judge assigned to your case will ultimately be the person signing off on whatever resolution your case comes to; be it a resolution by Marital Settlement Agreement, Mediated Settlement Agreement, Final Judgment after a trial, etc., so without considering certain exceptions, that person will be there no matter what.
However, there may be different ways to obtain their finalizing signature quicker in order to get you divorced; cue the magistrate.
A General Magistrate, for all intents and purposes, does everything that a circuit judge sitting on the family law bench does. They observe hearings, listen to testimony, sustain/overrule objections, admit evidence, make findings, and ultimately make rulings.
The difference here however, is that the magistrate issues what is called a “report and recommendation” after a hearing or trial.
That report, after the requisite waiting period (i.e., exceptions) is then sent to the judge for review and signature. Their report is often times quite lengthy and very detailed.
A lot of clients really like these reports, as they lay out the conclusion of their case piece by piece.
Regular rules for challenging such a report still apply as well, so you’re not giving anything up there. In these cases, such a challenge is called “exceptions” rather than “appeal.”
Nevertheless, the main components of having your voice heard before the tribunal are there. Only difference is, that the report and recommendation by the magistrate requires the judge’s signature in the form of an order or judgment adopting said recommendation.
So what’s the point?
Is there a benefit to going before this person?
Unless you absolutely want to try your case in front of a specific judge, in a lot of cases the answer is yes there is.
As previously mentioned, there are only five (5) family law judges in Lee County. More often than not, the judges’ calendars (a/k/a dockets) are jam packed with other cases. Sometimes it could take months before getting a court date.
Whereas, a lot of times, parties can get a date in front of the magistrate much sooner. You’ll still have your opportunity to present your case, a full report will be produced, and if you think the magistrate got it wrong, you’ll still have an opportunity to challenge.
Overall, litigating in front of the magistrate can be an efficient way to reach a conclusion in your case. So, if you or someone you know is fighting through a long, drawn out, divorce, talk to your attorney about your options, as well as any other pros and cons, for bringing your case before the magistrate.
Call Men’s Rights Law Firm today for a consultation at 239-829-0166.
