Florida Family Law Rule 12.200 establishes the purpose and parameters of a case management conference in a Florida divorce. This Rule provides for a lot of options for attorneys to help their client’s divorce case. Litigants may schedule a case management conference after 30 days from the date of service of the petition for dissolution of marriage or the paternity petition. Rule 12.200 also acknowledges that a Florida family law court may sua sponte (on its own volition) order the parties and their attorneys to attend a case management conference Florida divorce. If you need a divorce attorney in Orlando or a divorce attorney in Clermont to help you resolve the challenging family law or divorce issues in your case, call us for a consultation, 407-335-8113.
According to Rule 12.200, at a case management conference Florida divorce, the court has the authority to (this is not a full listing, rather it is intended to address some common reasons for setting a conference) set a date certain for trial, narrow or expand discovery, hear arguments for the necessity of expert witnesses, order the parties to attend mediation within a certain period of time, appoint a guardian ad litem, commence a social investigation, and/or schedule further proceedings to address contentious issues in the case.
A case management conference in a Florida divorce is among the most useful tools in an attorney’s arsenal. It enables attorneys to appear before the judge to explain the other side’s lack of compliance with discovery and/or other required disclosures or filings. A case management conference can also hasten the pace of a divorce or paternity case that has slowed down considerably due to a refusal to set a matter for a hearing or otherwise. It serves as a vehicle for resolving issues by court order.
When Do You Need A Case Management Conference In A Florida Divorce?
You do not always need a case management conference in a Florida divorce. It is a tool in the toolkit of attorneys that may be used at an appropriate time. For any number of reasons, including slow-peddling and failure to provide mandatory disclosures, a case management conference can serve the purpose of having the court remind the litigants of their responsibilities (such as taking a genetic test in a paternity action). Cases sometimes go the distance (to trial) because the parties feel the need to have the judge decide their case. Similarly, when one party is non-compliant with the courts rules and protocols, a case management conference Florida divorce can make a substantial difference. Timesharing with the children is often a discussion that happens during these conferences.