QUESTION
What can be done if there is an objection to a referral to magistrate that the judge set?
Asked on Nov 20th, 2012 on Divorce - Florida
More details to this question:
Divorce going on for two years and on November 6, 2012, I received a referral to a magistrate from the assigned Judge, they gave us ten days to object to the magistrate. My husband is the one that keep on prolonging the process he will not let go. He has an attorney me on the other hand I’m as pro se. well he went and did the objection himself without his attorney knowing! My question here is, is it ok to put in motion without your attorney knowing? Or will the judge grant that?
6 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Your husband can file a motion on his own.
Answered on Nov 24th, 2012 at 9:41 PM
When you are represented you can not act on your own. The court may have some trouble acting on the motion brought in this manner.
Answered on Nov 22nd, 2012 at 2:56 PM
Suzanne H. Lombardi
In Alaska if someone is represented by an attorney then they cannot file motions on their own. The court will most probably send it back to him. If they do not make sure the court knows that he has filed this while represented by an attorney. It may help you to obtain the services of an attorney to stop this divorce from continuing to drag on.
Answered on Nov 22nd, 2012 at 2:55 PM
Your own story should give you the answer.
Answered on Nov 21st, 2012 at 12:39 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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It sounds like your Husband is doing things without his attorney knowing and cause additional delays that are not proper. You should be represented by an attorney as well to make sure this case moves along to resolution and can avoid any needless delays.
Answered on Nov 21st, 2012 at 12:39 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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What your husband did is strictly a matter between him and his attorney. Since you don't give enough information to understand exactly what the judge did, or why, it isn't possible to predict what the judge will do.
Answered on Nov 21st, 2012 at 12:39 PM