Legal Question in Family Law in Florida
Divorce assistance
I filed for a divorce and had my husband sign a MSA. We went to mediation and the mediator inquired why we were there due to the fact we had an MSA, my husband told him the MSA is fake and that's not the one he signed! I asked him then where is the original he said he didn't have one. I offered three different settlements, none of which he agreed. My husband is lying and I am really drawn at this point. He is sporadically supporting our daughters. WHat are my options when I go to court? How can I prove this is the one he signed? I just don't know what to do, he seems to be prolonging this divorce.
1 Answer from Attorneys
Re: Divorce assistance
The issue here appears to be the validity of the MSA. If this is it, you need to set this matter for a final hearing with the Court. You should make sure the judge knows that the MSA is at issue. You say there were three different settlements. You need to be sure if your position is that he signed one.
You should know who drafted the agreement or where did it come from. Is it thorough? Were there any witnesses when the spouse signed the document? Signed settlements are generally binding on the parties.
You say he is inconsistent with his financial support. Has there been a temporary order requiring him to pay and setting out some other requirements? You can ask the court for a temporary ruling requiring child support setting visitation schedule and other matters. The violating party may be held in contempt of court.