A family court is a special division of a civil court system. Family courts generally deal with a variety of claims that involve disputes within families or households. A specially appointed family law judge presides over the hearings and other court sessions. Family law attorneys represent their clients in a number of capacities during court sessions. Family law courts deal with petitions for divorce and related issues, such as child custody and spousal or child support.
In Florida, the Miami-Dade Family Court handles three types of cases, domestic relations, probate, and domestic violence.
Specifically, the Family Court assists people with the following:
- Baker Act: The Baker Act allows a person to be picked up by police and transported to a crisis stabilization unit at a healthcare facility for an involuntary psychiatric examination. Transportation to a crisis stabilization unit is based on the behavioral criteria that the person may be harmful to themselves or others. If the person meets this criteria, a family court judge signs an emergency admission order prepared by the Family Court Clerk’s Office.
- The person seeking the order is given certified copies of the court’s order with instructions to give them to the law enforcement agency that has jurisdiction in their area. This gives the agency the authority to take the person to the crisis stabilization unit for evaluation;
- Guardianship: Guardianship is a legal proceeding in which a guardian exercises the legal rights of a a person who is incapacitated and incapable of exercising their legal rights for themselves.
- A court appoints a guardian to exercise another person’s legal rights and supervise the person who is incapable of caring for themselves. A guardian can be a family member, a friend, or a professional. This guardian is given authority over the person and/or the property of the person who is being supervised, the “ward” in legal terminology. A guardian is legally required to file annual reports with the court. The Clerk’s Office Auditing Unit reviews all reports and makes recommendations to the court. The judge may either approve the guardianship report or schedule a hearing to address areas of concern;
- Marchman Act: is a civil and involuntary commitment statute in the state of Florida, and exists to provide means to voluntarily or involuntarily commit those who are struggling with a substance use disorder (SUD).
- A person should first contact a treatment facility to ensure that there is a bed available for their family member. The county clerk’s office website has links that provide the necessary forms that have to be completed. These forms require a person to do the following:
- Provide a full description of the person;
- Provide details on where the person can be found;
- Identify the facility to which the person will be taken;
- Specify the day and time when the treatment facility has said a bed will be available for admission;
- Provide a list of any medical conditions the family member may have and a list of current medications.
- Once the petition is filed, a hearing is held within 10 days. If the judge agrees to the petition, law enforcement serves the person with the Marchman Act order and tries to get them to go to the treatment facility voluntarily. If the person does not agree to go voluntarily, law enforcement takes them against their will;
- A person should first contact a treatment facility to ensure that there is a bed available for their family member. The county clerk’s office website has links that provide the necessary forms that have to be completed. These forms require a person to do the following:
- Restraining Orders: If a person believes they are in danger, a temporary injunction, also known as a restraining order, may be issued until a judge can rule on the person’s petition for a permanent injunction. If the judge decides that a person’s situation does not justify a temporary injunction, the person may still request a hearing. The person seeking the injunction and the respondent, the person to whom the injunction would apply, must appear before the judge. If the petition is approved, a permanent injunction would be ordered.
- If it is determined by the court that a person is in danger, and they have completed the necessary paperwork, the deputy clerk will prepare a temporary injunction order to be signed by a judge. This order can be obtained on the same day the person files their petition without a hearing before the judge. The temporary injunction is valid for 15 days.
- If the judge denies the temporary injunction a full hearing on the petition for the temporary injunction will automatically be set on the soonest available court date. Once a temporary injunction is in effect, a court hearing will be scheduled before the judge to determine if a permanent injunction should be issued against the person who is a threat. A permanent injunction is indefinitely active or it can be dissolved by a court;
- Wills and Probate: Once a person has passed away, within 10 days of being informed that the person has died, the custodian of the will must deposit the will with the Clerk of the Court in the county and state where the deceased person lived. A small estates claim can be filed in person or by mail for assets less than $6,000. Spouses of the deceased person who want to release money from a bank account can file a small estates petition with the court
- When a person leaving an estate dies without being survived by any person entitled to the estate, the possessions shall become the property of the state. If a person believes they are entitled to a decedent’s estate, the person can file a claim form with the Clerk’s Office. The Clerk’s Office can provide a person with the claim form. It must be filed within 3 months from the date of the first publication of the notice of administration of the estate. There is no filing fee for a claim to an estate;
- Central Depository Child Support and Alimony: The Central Depository Child Support and Alimony Office maintains a local Central Depository to receive and process court-ordered payments. The Central Depository works primarily with two state agencies, the local state attorney’s office (SAO), and the state of Florida disbursement unit (FLSDU) in Tallahassee;
- Marriage licenses: Couples wishing to become legally married in the state of Florida must apply for a marriage license in person and be at least 18 years old. A couple can get married anywhere in Florida with a Florida marriage license. It does not matter which county issued the license. There is no residency or citizenship requirement for a Florida marriage license. However, if the couple is going to marry outside of Florida, they need to obtain the marriage license from the state or country in which they will be married;
- Simplified Divorces: A simplified divorce is an inexpensive option for ending a marriage that is offered by the Miami-Dade Family Court. Both parties must meet the following requirements to obtain a simplified divorce:
- The couple has no minor or dependent children and the wife is not pregnant;
- If there is property, the parties must agree to division of property. A written agreement regarding division of the property must be filed with the court at the time of the first appearance;
- The parties cannot have any unresolved financial obligations, e.g. outstanding debts;
- One of the parties must be a Florida resident for at least six months prior to the date of filing and their residency must be corroborated by a witness;
- Both parties must complete a marital settlement agreement.
If the parties do not meet all of these requirements, they cannot proceed with a simplified divorce.
To file a petition for a simplified divorce, both parties must appear together in person at the courthouse and must show a valid Florida photo i.d. with a signature. The parties may bring a witness with them at the time of filing or file a notarized certificate of corroborating witness. The witness must also present a valid Florida photo i.d. at the time of appearance. There is a final hearing on a date that is approximately 30 days after the filing date.
