Since the pandemic shutdown in early March, the Florida Judicial System has been able to transition in such a way that cases continue to progress through the system in (mostly) an orderly manner. As part of the Florida Judicial System, the Miami Family Court is closed for most civil hearings, like divorce, paternity and non-criminal domestic violence cases.
Instead, hearings on cases take place using video over the internet. The most important benefit of using this electronic system is, of course, safety for you, judges, attorneys, court staff and clerks, and all those you would encounter on your way to a hearing in court. Secondary but huge benefits include saving time in traveling to court as well as not having to take off from work to attend hearings.
Getting a Divorce
If you are considering getting a divorce, you still have the option of doing so in either a contested or an uncontested divorce. You benefit the most from the new technology if you and your spouse are able to agree to get an uncontested divorce. In this instance, you will not need to attend hearings either in person or electronically because you essentially are getting your divorce online, from beginning to end.
If you and your spouse are unable to agree so that your divorce is uncontested, then your divorce will still take place as a contested divorce using video hearings. You will still have to face the longer time frame of contested divorces, and the same expenses such a court reporters, translators (if necessary), etc.
Establishing Paternity
Just like a divorce, paternity cases can be done in an uncontested or contested manner. Uncontested paternity cases in Miami are done in the same manner as the uncontested divorces. Similarly, if your paternity case is contested, you face the same issues as if you were getting a contested divorce.
Family Court Services
Our Family Division has a great unit that provide support in family and paternity cases, Family Court Services. Judges refer divorce cases with children and paternity cases to Family Court Services when the parties and their children need additional services that will support the wellbeing of the family and the resolution of the case.
Services provided through Family Court Services include crisis assistance, co-parenting, parenting coordination, resolution of time-sharing issues or schedules, referrals for family counseling, individual counseling for children or for children with their parents, supervised visitation and many more. Many if not all of these services are already being provided through video or telephonic conferences.
Mediation in Family Cases
The In-House Mediation Unit in Miami-Dade County has a designated section for mediating Family Cases. If your case is going to trial, whether a divorce trial or a paternity trial, you will be required to mediate before the trial.
Perhaps mediation was one of the first proceedings to transition to video. My first video mediation was on March 20, 2020; it was effective and efficient.
In Miami-Dade, mediation in the In-House Unit have been taking place since almost the start of court closure, back on March 16, 2020. Private mediators seamlessly transitioned into video mediation.
Keeping Up On Covid-19 Measures for Court
You can keep track of Covid-19 related orders and announcements for the Eleventh Judicial Circuit on their Court Covid-19 page.
For questions about divorce, paternity or any other family issue, feel free to contact me at 305-710-9419 or via email.
You can also visit Getting Your Divorce Done Completely Online if your divorce is uncontested. If your divorce or paternity case seems to be contested or if you have any questions, you can request a case assessment session.