Blog

General Magistrates

Posted on Mon, Jul 15, 2019

Pursuant to family law rules of procedure, family matters may be referred to general magistrates if the parties do not file a timely objection. Following an evidentiary hearing before the magistrate, a report and recommendation is issued to the circuit judge, which contains findings of fact, conclusions of law, and recommendations.

If no exceptions to the magistrate’s report are filed within the time allotted, the court shall take appropriate action on the report. The Florida Supreme Court defined appropriate action to mean that a judge has carefully considered whether the evidence and facts as fully set forth in a magistrate’s report support the recommendations of the magistrate; whether the recommendations are justified under the law. If such a review is performed, and no exceptions were filed, it is adequate. If exceptions are timely filed, the circuit judge must hold a hearing before acting on the magistrate’s report and recommendation.

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Privileges

Posted on Thu, Jun 27, 2019

Privileges in Florida is governed entirely by statute, and Section 90.501, Florida Statutes, indicates that it is the legislature and not Florida’s judiciary that is empowered to create or aggregate recognized privileges.  However, this statement does not affect privileges premised on either the Federal or Florida Constitution. Accordingly, all applicable privileges are included in the Florida Evidence Code.

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Florida Evidence: Business Records

Posted on Tue, Apr 02, 2019

The rules of evidence are voluminous and complicated.  There are so many rules and so many exceptions and so much gray area that it does get frustrating.  Generally speaking, family law judges have been known to let evidence slide by more than other judges, but it certainly helps the practitioner to be as familiar with the evidence code as possible.

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A Brief Explanation of Alimony in the State of Florida

Posted on Thu, Mar 28, 2019

 

 

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Understanding Child Support in the State of Florida

Posted on Thu, Mar 28, 2019

 

 

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What is Paternity?

Posted on Thu, Mar 28, 2019

 

 

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Evidence Regarding Children's Issues

Posted on Thu, Mar 28, 2019

Section 61.20 of the Florida statutes provides that if the court orders a social investigation and study in any action where a parenting plan is at issue, the court may consider the information contained in the study in making a decision on the parenting plan, and the technical rules of evidence do not exclude the study from consideration.

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Equitable Distribution

Posted on Mon, Mar 04, 2019

In a divorce action, the property must be distributed.  There is usually some type of equitable distribution worksheet that is done during the proceedings.  To separate property, assets and liabilities have to be determined. It has to be determined whether these assets and liabilities are marital or not.  

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Evidence in a Family Law Case

Posted on Mon, Mar 04, 2019

The rules contained in the Florida Evidence Code apply to all family cases.  The requisite evidence may be established by lay or expert testimony, so knowing when each is proper and how to qualify someone as an expert is imperative.  Demonstrative evidence, reports, or summaries may also be used, so it is also important to know how to admit those as exhibits.

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Relocation

Posted on Thu, Jan 31, 2019

If there has been an order for time-sharing, basically saying one parent gets custody and the other parent gets visitation, or any form of dividing up of the child’s time, a parent cannot just unilaterally move a child a significant amount away from another parent. 

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