Legal Question in Family Law in Florida

alimony and divorce

I went to mediation on 11/14. I signed off based on lies that I found out about a day later. I live in Jacksonville, Fl(63 yrs. old) Can I ask for a continuance to try to find out about hidden accounts or am I bound to my mistake in signing.


Asked on 11/23/07, 1:06 pm

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: alimony and divorce

A settlement agreement can be set aside based upon fraud, such as misstatements in a Financial Statements or other misstatements regarding assets and debts.

It's not uncommon for settlement agreements to be set aside where the other party lies about his or her assets, so the judge will likely give you a continuance to investigate the matter.

You should certainly get a lawyer to help you, though, since setting aside a settlement agreement can be technical and difficult.

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Answered on 11/24/07, 4:50 pm
Robert Roemer Robert Roemer

Re: alimony and divorce

I believe that your would need to assembly these lies and prepare a motion to vacate the settlement agreement(if that is what you signed ) based on fraud.I can assist you for a fee if you send me an e-mail with your phone # so I can call you to discuss this further.

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Answered on 11/23/07, 7:49 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: alimony and divorce

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you can prove that your spouse lied and a fraud was committed upon the court, then you can file a Motion to set the settlement agreement aside as there could not be any meeting of the minds with unknown information. You would be wise to retain an attorney to assist you in this action especially as so much is at stake.

Scott R. Jay, Esq.

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Answered on 11/23/07, 11:06 pm


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