Legal Question in Family Law in Florida

General Magistrate or Judge?

I filed for divorce in Florida. My case was assigned to a judge who referred our case to be heard by a General Magistrate/Hearing Officer instead. It does state that we have the right to have our case heard by a judge and we can object to the referral if we want to go back to the judge. What is the better option here, and is there a difference between the 2 areas when it comes to finalizing a divorce?


Asked on 3/24/08, 10:32 am

1 Answer from Attorneys
Robert Simpson

Re: General Magistrate or Judge?

Only a judge can sign off on the final judgment; however, a general magistrate can hear the facts and make a prelim decision.

I would ask around the courthouse or any attorney practicing in your county what they think of the GM. If he/she is good, go with it.

In all likelihood the judge would follow the GM anyway.

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Answered on 3/24/08, 7:37 pm


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