Lynn Haven, FL asked in Divorce for Florida

Q: My husband and I went in front of a General Magistrate on May 21,2013 for a Pre-Trial Conference. I just received in the

Mail the Magistrate's Report and Recommendations. This is a Dissolution of Marriage Case.One of the Magistrate's recommendations stated, "The parties are encouraged to reach an agreement which can be fully performed. In absence of an agreement, the court shall set this cause for a final hearing for one hour. Is the Magistrate requesting that we do the Legal Florida Family Law Martial Settlement Agreement Document or is she requesting that we can mail each other a letter stating what each of us wants? There is a DV injunction against my husband, so previously we could not do a Marital Settlement Agreement per the instructions. And I am still of fear of being alone with him. I have drafted a letter to my husband but I am not sure if the Magistrate will accept a letter that is not considered a legal form. How do you interpret what the Magistrate is recommending? We both live in the state of Florida.

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3 Lawyer Answers

Robert Jason De Groot

  • Deltona, FL
  • Licensed in Florida

A: Perhaps the best thing for you to do is to set up a mediation with the court services people. You will both attend and will have to pay for the services, but it is inexpensive. Call the clerk and find out how to do this. Good luck.

John Arthur Smitten

  • Clearwater, FL
  • Licensed in Florida

A: Start with written dialogue and reduce your agreement to writing then submit it to the court

Howard Iken

  • New Port Richey, FL
  • Licensed in Florida

A: The judge is giving you a hint that you two will be happier if you settle and agree.

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