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What is a General Magistrate in a Marital and Family Law Case?

In the Orlando, Florida area, a hearing officer is known as a General Magistrate. General Magistrates hear cases for the Department of Revenue Child Support. The judge in your case may assign or refer your case to the General Magistrate when you have a Marital and Family Law case. However, if you want the judge, and not the General Magistrate, to hear your case, you must file with the court a written objection of Referral to the General Magistrate hearing your case within 10 days of the date of service of the Order of Referral to the General Magistrate. 

A Quicker Process

You may ask why anyone would agree to allow the General Magistrate to hear their case. One reason is that you can usually get a hearing in front of the General Magistrate within three months’ time. Wherein, it may take you six months to get a hearing before the judge. That is a big incentive if you are in need of alimony and/or child support. You may not want to get your child support as soon as possible, rather than waiting six months. However, the other side must also agree to use the General Magistrate. If the other side files an objection to the Referral to the General Magistrate, then the case cannot be heard by the General Magistrate and must be heard by the judge.

Pro Se Litigations

Many Pro Se litigants are sent or referred to the General Magistrate. Pro Se means litigants who represent themselves and do not have an attorney. They may not know they have a right to object to the General Magistrate. Included in the Referral to the General Magistrate is wording that explains to you that you may object to your case going to the General Magistrate. However, you must do it within ten days from when you were served with the Referral to the General Magistrate. 

Florida Family Law Rule 12.920 discusses the process of the order and referral to the General Magistrate. Florida Family Law Rule 12.490 also discusses the process of going before the General Magistrate. General Magistrates also hear certain Guardianship matters in Orange County, Florida, as well as Dependency cases in Orange County and Seminole County. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.