Legal Question in Family Law in Florida

My husband of 24 years and I filed papers for an uncontested divorce in the state of Florida. We have one minor child. We had a hearing before a Magistrate scheduled, but it was cancelled when my husband had to have surgery on the same day. Since then, we have agreed to some changes in terms and I would like to make some additional changes that he may or may not agree to. Is there any hope of making these changes or are we "stuck" with what we already filed?

Neither of us has legal representation.

Asked on 8/11/13, 3:53 pm

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

You're stuck with what you filed unless you both agree to changes and agree to file a amended settlement.

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Answered on 8/11/13, 3:57 pm

Thomas Rosenblum Rosenblum Law Offices

Hello: As to your qest., you don't state what types of docs you filed already. If you filed a settlement agreement that was signed by both of you, that may be difficult, but not impossible to change. The easiest way to change such an agreement is for both parties to agree.

If he won't agree to changes, you can file a Motion to amend it...which must be filed before the Court has a final hearing and enters a Final Judgment. You would need to allege some valid reason for the change, such as, you weren't told the truth about assets or something, there was misrepresentation, coercion, etc.

If my office can be of any assistance, pls. give us a call. Tom Rosenblum

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Answered on 8/11/13, 8:24 pm
John Smitten Carey and Leisure

If you make changes to your agreement then reduce it to writing have it signed by both parties then present the changes to the court.

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Answered on 8/12/13, 1:24 am

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