Legal Question in Family Law in Florida

final divorce decree

I received my final divorce decree in march of 97. There are things in the decree that, because of problems that I have been having with contact with my children(due to the father being in contempt of the agreement), I really did not agree to. The original agreements that were made outside the courtroom were never included in the written agreement. I only became aware of them due to the contact and visitation problems that I have been having, and decided to look up the information. I never signed the final decree. I moved to Fla in December of 96. The final decree is signed by my ex's attorney, and he is the one who sent me a copy of it in March. Is the final decree void due to the fact that I never signed the decree. It's not even sighed by my attorney. Am I bound by what I do not agree to due to the fact that I never signed it?


Asked on 4/23/00, 9:01 pm

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: final divorce decree

It sounds like you entered into a Marital Settlement Agreement (MSA) which was incorporated into the Final Judgment. The MSA must be signed by you and your ex-spouse to be valid. If that document is signed by you and your ex, then it is a contract and is enforceable but can be changed under different circumstances. Circumstances such as a substantial change in circumstances, fraud, coercion. It is a case by case basis. I would need to review your documents to determine the legal effect of your agreement and Final Judgment. Feel free to contact my office for a free consultation. (954)966-4140 Sincerely, Melody Stickel-Martinez, Esq.

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Answered on 5/26/00, 11:51 am


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