Legal Question in Family Law in Florida

Good Morning,

My question is pertaining to amending a divorce decree dated 5/11/09. I was married to my ex for 15 years and was a military wife. When I left my spouse (state of NC) due to irreconcilable diferences/abandonment (on his part) we did for a year have to live together...on my part to 'try and work things out'. Long story short, I left him on Jan. 28, 2008. I took nothing but my personals as he changed the locks the day i moved out.

My question is this. Can i go back, pay the 5 or $7,000 for the court costs, have my divorce decree amendended to where i receive my entitlements as a military wife, being married to him for 15 years, that i signed away due to me not being able to afford a lawyer at that time. I now live in Florida, he is remarried and lives in Missouri. We have one child that i have custody of and he has not paid child support although Florida is pursuing this.

thank you

shana harris


Asked on 1/11/11, 7:23 am

1 Answer from Attorneys

Tracy Newmark The Newmark Law Firm, PA

The short answer is "no". You cannot amend anything in marital settlement agreement unless it is child support or custody. All the property rights that you waived are forever waived.

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Answered on 1/17/11, 6:48 am


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