Legal Question in Family Law in Florida

Is there a Vexatious Litigant law for Family Court? My ex and I are both pro se and there are currently 472 documents in our docket, most of them initiated by him. I have been awarded attorney fees a few times already due to the fact that his filings are usually frivolous. I work full time and I am afraid I will lose my job eventually as I am constantly needing to take time off from work to file papers and attend hearings. He is "self employed". Also, the judge has yelled at us for having such a big file. It is humiliating!

I looked up vexatious litigant laws in Florida but it seems they don't exist in Family Court.


Asked on 9/07/09, 4:00 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

There is no vexatious litigant law in family law in Florida, but there are many ways to force the other side to pay attorney's fees for frivilous filings. The problems is, since you are pro se, you can't get attorney's fees.

Remember that you are not required to respond to frivilous filings. You are often not even required to respond to meritorious filings. You can just wait until the hearing date to respond verbally. That way, he looks like the idiot, not you. Better yet, go hire a lawyer. Then you can get fees.

Also remember that a vexatious litigation statute probably wouldn't help you, anyway, since those statutes usually protect against multiple lawsuits, not multiple pleadings.

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Answered on 9/07/09, 4:23 pm


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