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Missindependent's avatar

Can my ex have his sister in our divorce hearing?

Asked by Missindependent (12points) October 27th, 2014 from iPhone

She helped him file the petition for divorce as a non lawyer, we do not have lawyers. Can his sister either represent him in court or be in the court hearing? (She is not an attourney) We are going to a general magistrate for our final hearing, I honestly thought it could only be the husband and wife in the room. Please help.

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14 Answers

RealEyesRealizeRealLies's avatar

“We are going to a general magistrate for our final hearing…”

Call the general magistrate office and ask them.

elbanditoroso's avatar

What state? Some states allow non-lawyer legal representatives, and some don’t. You would have to do some research.

But he’s a fool. Why would he entrust his fate to someone who isn’t an attorney?

Missindependent's avatar

It’s Florida. His sister is convinced she’s a lawyer, and thinks she knows everything about law.

Buttonstc's avatar

Isn’t it to your advantage then if he brings in someone who barely knows what they’re doing ?

Why would you want to oppose that?

Missindependent's avatar

My question is if this is allowed. I don’t ses how someone else should be allowed into our divorce hearing, since I cannot call the court house at 10:35PM I figured someone here may know.

Response moderated (Off-Topic)
Missindependent's avatar

Can someone with actual knowledge of the question I am asking answer?

zenvelo's avatar

One may bring any adult into a public courtroom, so he can bring his sister in. You can bring an uncle or a girlfriend or the father of your oldest. But representing him in front of the judge is a different matter. And if you are both there under a non representative basis, the judge may not allow them to even sit with the parties to the action.

Public court proceedings, though, are public.

trailsillustrated's avatar

He can bring her but she won’t be able to talk. Quit being so scared put on that bitch hat.

JLeslie's avatar

I assume she will be able to be in the room. It’s rare court proceedings are not open to the public. I know jeuvenile court usually is closed, but other than that I think anyone is allowed in.

If you get a lawyer you will have a huge advantage, seriously consider it.

CWOTUS's avatar

I don’t know the answer to your question, and whether anyone here actually knows or not is immaterial to you unless they point you to Florida law that you can look at and comprehend with 100% clarity either “yes”, “no” or “it depends” (and what it depends upon).

However, with that uncertainty aside, I would ask the magistrate, if I were you, to exclude her specifically because she’s not an attorney. That means that she is under no obligation to preserve attorney-client confidentiality and she can thereafter air your dirty laundry in public, and there wouldn’t be a thing that you could do about it. For that reason I think you have a right to have her not present while the hearing is held. Aside from the hearing itself, who he tells what is always his business unless there’s a specific gag order, which is unlikely in this case, I expect.

JLeslie's avatar

@CWOTUS I know very little about law, and I agree the OP should ask the courts directly what is allowed. I don’t see how the SIL would be banned from the proceedings? Can’t the soon to be ex husband use her as a witness if he so chooses? If that is his intent.

snowberry's avatar

That’s an excellent point @CWOTUS.

Be very careful.

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