Getting A Divorce Agreement Straightened Out

By Melody Porter, Esq. at Grossman Law & Conflict Management

“My former spouse tricked me! Can I set aside my divorce order?”

Divorce Agreement

This question comes about when one former spouse believes the other former spouse got them to agree to a settlement agreement based upon lies. Getting a divorce agreement straightened out can be tricky.

The Florida Rules of Civil and Family Procedure authorize setting aside a divorce order only in limited circumstances. Unfortunately, in most cases, it is not appropriate to set aside a Final Judgment of divorce – even if actual fraud (lying, trickery, etc.) has occurred.

Florida case law requires that any attempts to set aside a Final Judgment must state that:

  • there was a misrepresentation
  • the person knew the falsity of the misrepresentation
  • the person made the misrepresentation intending the other person would rely on it
  • the other person acted upon it
  • the other person’s reliance caused damage

There are also time limitations placed on attempting to set aside a Final Judgment.

Although there are challenges to setting aside a Final Judgment, it can be done when you closely follow the technical rules involved. Please call us if you would like to speak with an attorney about the specific circumstances in your case.

Contact Melody directly at MPorter@AttorneyGrossman.com.

Would you like more insight on how to deal with your feelings when you are working through straightening out a divorce agreement? Email Keith@AttorneyGrossman.com, or call toll free: 877-687-1392, or locally: 239-210-7516.

If you’re interested in learning more about emotions during a divorce, read my free e-book, “Does Every Divorce Need a Shark?”

Does Every Divorce Need a Shark

 

 

     Posted on October 16, 2014 at 8:00 am | No comment

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