Legal Question in Family Law in Florida
Amending Petition to Dissolution
My finace is going through a divorce -- they have been separated for almost 7 years. His wife filed for divorce 2 years ago. She won't sign off on the final dissolution. If he wants to file an amended dissolution, does he actually re-file the dissolution, or does he file and ''Amendment to dissolution for divorce'' ?
1 Answer from Attorneys
Re: Amending Petition to Dissolution
Although it is not clear where the parties are in the dissolution process, generally, if one party refuses to sign the marital settlement agreement for dissolution, the Petition For Dissolution proceeds to mediation, and if already mediated, to a trial to resolve differences. Your friend cannot merely "file an amendment." Only the court can approve the final judgment based on a marital settlement agreement. In such cases, where a final judgment can affect the parties for several years, especially if children, alimony, or debts and property are involved, a party is advised to consult with a family law attorney for legal representation.
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