Legal Question in Family Law in Florida

Re: opposing attorney filed notice of unavailability

Ask for "bifurcation." The divorce issues can be taken care of while the custody issues are still litigated. One petition is sort of split into two.

Re: opposing attorney filed notice of unavailability

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Sorry for my delay in not responding sooner to this question. Your issues may be moot but I wanted to provide some insight nonetheless.

It is very common for attorneys to take time off during the summer months for vacation. The attorneys notify the court by filing a Notice of Unavailability. You may object if the trial was already set when the Notice was filed but the court almost always will reset a trial if already set during this period. Frankly, it is up to the judge.

You can request that the court bifurcate the issues although many judges prefer to hear all issues at one time. It is possible that the judge will refer certain portions of the trial to a general magistrate in order to expedite the case.

Scott R. Jay, Esq.