Legal Question in Family Law in Florida

Mediation Resolution

I represent myself in a divorce with no children or property issues and due to unemployment, limited funds I needed to withdraw with my council. Mediation was scheduled and agreement papers were signed on May 22, 2009. My husband and I were separated for a year and he was placed in a nursing home then hospice and passed on May 24, 2009. I was informed at mediation on 5/22 that his parents were assigned the power of attorney back in July, 2008 and they both signed the agreement paperwork on that day. These papers were signed late Friday 5/22, he passed on Sunday 5/24, there was a holiday on Monday 5/25 so they were not on the judge's desk possibly until Tuesday. No word from the courts to date regarding them signed by the judge. Can I believe that my divorce is in the process of being finalized and wait for the papers or do I stand as a widow and the papers that were signed null and void? In attempts this week in contacting my case manager and the bar association to receive a reply to my question I have had received no reply. I anticipate a response regarding my position and I will take the next step. Thank you

Asked on 6/05/09, 9:54 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Mediation Resolution

You are a widow. Your settlement papers are null and void since your husband passed before your divorce judgment was signed by the judge. Your divorce will now be dismissed and you will inherit from, rather than settle with, your deceased husband.

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Answered on 6/05/09, 10:07 am

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