Q: What does "JOINT MOTION FOR WRITTEN EX PARTE FINAL HEARING AND WAIVER OF COURT APPEARANCE" mean in a divorce case in FL?
I am at the tail end of my divorce which has taken over two years for no good reason. All custody, child support and division of property agreements were signed in July 2019. Child support has been automatically deducted from my pay for over a year now. All I have been waiting on is a final hearing so the judge can sign off. My soon to be ex has an attorney but I represent myself due to finances. I now see on the court website for Osceola County FL the following item on my court case:
JOINT MOTION FOR WRITTEN EX PARTE FINAL HEARING AND WAIVER OF COURT APPEARANCE
Does this mean my final hearing is finally happening and I can expect the Judge to approve my divorce finally?
A:
The title of the "joint motion" perhaps should be corrected to "Joint Motion for Final Hearing and Waiver of Court Appearance" (because the concept of a "written" hearing is nonsensical). But it appears to me a motion (writing directed to the judge asking for something). The motion should have been signed by both parties or their attorneys. "Ex parte" means that the opposing party is not necessarily given notice of the hearing, although sometimes in Florida it may possibly mean something different. You should have signed it. In it, one or both of you apparently agree that you and/or your spouse don't have to actually attend the hearing.
I suggest that you ask the clerk of court to send you a copy of the motion. Expect an order by the judge either granting or denying the motion, soon.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
