In my Florida divorce case, what happens in a temporary hearing?
Temporary orders through temporary hearings are made by family courts when couples separate. During this hearing, decisions on issues that must be resolved quickly are made, and given temporary effect, until family court decisions can be made in a formal divorce hearing or until the parties agree through mediation or negotiation.
This hearing usually is conducted before a divorce magistrate. A divorce magistrate is a divorce lawyer who has been appointed by the family law Court to hear divorce cases, make findings and recommendations, and submit proposed orders to your regular divorce judge. Magistrates hear cases to ease the caseload on the regular divorce judge or to obtain a sooner hearing. These hearings can be used to establish temporary timesharing, child support, alimony, or attorney fees. It is not used to temporarily divide your property unless there are “exceptional” circumstances. Magistrates cannot hear domestic violence cases. You have the right to object to the magistrate and have your regular divorce judge hear your case. You also have the right to file “exceptions” to the magistrate’s rulings if they are “clearly erroneous”.
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