Legal Question in Family Law in Florida

Spouse filed for Dissolution of Marriage. Only response I filed was a "Motion to Dismiss", on the grounds neither one of us met residency requirement.

Judge ruled jurisdiction over marital issues but not children related issues.

After hearing, spouse said judge's assistant said to him "He married someone who knows how to manipulate the system".

Assuming this comment based on number of previous "domestic violence" cases.

My concerns: judge's assistant conveying judge's opinion; judge's professional activities include Domestic Violence Committee, and the inappropriate conduct of court personnel.

Because of this concern, I have not filed an answer to divorce as I was instructed to do by the judge at hearing. Subsequently, spouse has filed "Motion for default hearing". How do I best address this concern expeditiously.

Recently discovered divorce papers dated 6/09, and were not filed until 4/10. Are they still valid?

Thank you for your anticipated assistance.


Asked on 8/06/10, 7:03 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

If the Judge instructed you to answer the divorce, you should have done so. The divorce can be finalized without the balance of the issues being resolved at this time. Since the children's issues have not been resolved, I suggest you file a Motion for Temporary Needs, Alimony, Child Support and Visitation ASAP with the General Magistrate Office.

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Answered on 8/11/10, 11:27 am


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