Legal Question in Family Law in Florida
My USA citizen husband, staying in Miami, FL got final order of dissolution of marriage on 21 August 2014, while I was against divorce. I am an Indian, and never been to USA. My husband left me and abandoned me, while he was in India in Jan 2014. He left for USA on 30 Jan 2014 and stopped my immigration process. Its been 7 months, he has deserted me. Finally he got a divorce in Miami on 21 August 2014. I cannot afford an attorney. Can I file a motion to vacate final judgement based on fraud ? Can judge terminate this divorce and again grant us as married, since 12 months of desertion are not completed ? Will reopening a case and filing motion charge me money ? Should I file rehearing or reconsideration ? Is this actual or constructive desertion ? Please suggest which motion should I file ?
2 Answers from Attorneys
Yes you can file a motion to vacate
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
www.careyandleisure.com
This is too vague for an answer. You need to speak with a Florida attorney immediately.
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