How long does a magistrate have to rule on a divorce case?
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How long does a magistrate have to rule on a divorce case?
I had a hearing on my divorce before a magistrate. He failed to equally dived the property as required by FLlaw. I filed a exception on the case. I had a hearing before the judge that referred it back to the magistrate.I had another hearing before the magistrate. The magistrate decision on the first hearing only took about a week and a half. It’s been two months on the second hearing and no word. How long under state law does he have to rule on this case?
Asked on April 26, 2011 under Family Law, Florida
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It can take a while especially if the magistrate has to re-review the material, do another accounting and of course, figure out what occurred in the first hearing and why it resulted the way it did. Please understand that though your state is an equitable distribution state, it doesn't mean it ends with equal distribution or division of assets. Equitable means whatever is supposed to belong to one party is to go to that party and further, the assets must be fairly divided. So, for example, if one party has a private property that was owned and maintained using the money it makes as a rental and the property is only in spouse's name and purchased before marriage, equitable distribution would dictate that remains the one spouse's asset.
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