Ex-wife filed order for referral to general magistrate

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Latest post 01-18-2011 2:40 PM by ShellyFL. 3 replies.
  • 01-15-2011 7:47 PM

    Ex-wife filed order for referral to general magistrate

    My ex-wife filed a motion for contempt and then motion for referral to general magistrate.  I think my best response is to object to the referral to GM as it will buy me time to settle the matter due to the fact that the Judge here is 4 to 5 months out from hearings and I'm willing to do what she's asking in the motion.

    Monday I will file a response to the motion for contempt, admitting and denying the items.  I will then send her attorney a letter addressing her issues with my explainations. 

    I need some guidance in how to properly object to the Order for Referral to General Magistrate.  I was thinking what I have to do is:

    1.  File a motion objecting to the order for referral to general magistrate

    2.  Send a letter to the Judge objecting to the order for referral to GM.  Enclose a copy of the motion objecting to the order for the referral to the GM.

    Is that all I have to do to properly object the order?  Is there a form I need to fill out and send to the judge and court?

    I have no intention in representing myself if it should go to hearing but I feel confident that I can get this settled through respectful communication with the attorney.  Am I crazy?  I don't want to annoy the other attorney by doing this myself but I don't have $$ to waste on the motions... I need to save it for a hearing if there is one.

    Thanks

    Todd

     

  • 01-15-2011 8:10 PM In reply to

    Re: Ex-wife filed order for referral to general magistrate

    One clarification... At this point it's just a motion for referral to GM. The judge has not signed the order. Above I wrote "Order" instead of "motion".   Do I have to wait to object once the judge signs the order or do I Object to the motion?

  • 01-15-2011 8:15 PM In reply to

    Re: Ex-wife filed order for referral to general magistrate

    >I have no intention in representing myself if it should go to hearing but I feel confident that I can get this settled >through respectful communication with the attorney.  Am I crazy?  I don't want to annoy the other attorney by >doing this myself but I don't have $$ to waste on the motions... I need to save it for a hearing if there is one.

    I can only tell you, I would absolutely NEVER do that myself.

    I have no idea of your knowledge on things, but I can say for sure, I know enough to know, that I don't know how all the rules and procedures works.  I'm positive any lawyer could run circles around me, no matter if I were right or not.

    In my opinion, I'd reconsider paying a lawyer.  If you really think you can do it yourself, then go for it.  However, I have this feeling you are only prolonging this, and will later be hiring a lawyer to mop up after yourself.  It's happened to me in "do it yourself projects" around the house many times:)   I try to fix something, and end up paying the plumber, or whoever, first to fix what I broke, and then to fix the original problem.

    Just my opinion.

     

  • 01-18-2011 2:40 PM In reply to

    • ShellyFL
      Consumer
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    • Joined on 01-18-2011
    • FL
    • Posts 1

    Re: Ex-wife filed order for referral to general magistrate

    My Son is also in a court battle with his ex  and in need of the same information I was able to research online and found this responce from a lawer on how to write the objection that you are asking about. I hope this helps you out.

    I myself am think it should look like other court papers you may have failed EX:

          In the Circut Court of the ______________Judicial Circut,

                      In and For ______ County

     

    ____________________                                                                                                   Case no._______

                                Petitioner

                          and

    _____________________

                               Respondant

     

                                                            Objection to referral to General magistrate

    COMES NOW, the Petitioner (or Respondent) and files this her (or his) Objection to Order of Referral to General Magistrate pursuant to Fla.Fam.L.R.P. 12.490(b).

     

    I certify that I sent a copy of this to __________________ (the other side) on _________ (date).

     

    Signed: _________________________

                                        

    Again I am Not A Lawer but I hope this will help you Good Luck !!!!!!

     

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