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Where You File Matters – Unique Procedural Aspects to St. Johns County Divorce
The laws for St. Johns County divorce are uniform throughout the state of Florida, with exception of some variation of case law at the appellate level; however, the approach to the administration of Florida divorce cases can vary widely between judicial circuits and counties. St. Johns County Circuit Court takes a proactive approach to the administration of cases. Due to this proactive approach, St. Johns County divorce cases tend to move much faster than the surrounding N.E. Florida counties.
Case Management Conferences in St. Johns County Divorce Cases
The primary tool utilized by St. Johns County family law judges to expedite divorce cases is the case management conference. The first St. Johns County case management conference is typically scheduled 30 to 60 days from the date of filing of a divorce case. The first case management conference is an opportunity for the family law judge assigned to the case to meet the parties, ensure that mandatory financial disclosures are being exchanged, and ensure parties with children have completed the required parenting class. Case management conferences typically take about 10 minutes to complete. In contrast, in other N.E. Florida counties, a case management conference must be requested, as such, case management conferences are rarely scheduled in the surrounding counties of Duval, Clay, and Flagler.
Mandatory Attendance Requirement
St. Johns County judges view case management conferences as so vital they will not allow out-of-state parties to appear by phone. Even if you live in Washington state, you will be required to attend case management conferences in person. It is often frustrating, for both attorney and client, for a client to travel thousands of miles for a ten minute hearing, but in my experience there is very little flexibility when it comes to in-person appearances at case management conferences.
Following the first case management conference, the family law judge will set the second case management conference about 30 to 60 days out. At the second case management conference, the parties and the judge will typically set the case for mediation and trial (at present six to eight months from the date of scheduling for trial). In St. Johns County, contested cases will rarely sit on the Court’s docket for more than a year. The speed at which a divorce moves through the Court’s docket requires both the client and attorney to be proactive and prepared. In my opinion, an attorney who maintains close communication with clients and is organized is best suited for St. Johns County divorce cases.
Logistics of Uncontested Divorces in St. Johns County
Due to the speed at which cases move in St. Johns County, in uncontested divorces, it is best to handle most of the preliminary work in the case prior to filing. For example, the parties may complete financial affidavits and agree to the terms of a marital settlement agreement (although the parties should not sign the agreement until the case is filed).
After the parties’ financial affidavits have been filed, the parenting class has been taken (if applicable), and the marital settlement agreement has been signed by the parties; the case is ready for final testimony. St. Johns County offers the option to take final testimony before a court reporter/special examiner (provided the proper motion is filed). In uncontested divorces, many of my clients do not ever set foot in court through use of court reporters. The final hearing is set before a court reporter in my office at a time convenient for my client. Handling the final hearing in a familiar location also reduces the stress of the divorce process.
If you have questions about the unique procedural aspects of the divorce process in Saint Augustine or St. Johns County, do not hesitate to contact Saint Augustine Divorce Attorney Chris Taylor.
