Legal Question in Family Law in Florida
My husband filed a Simplified Dissolution of Marriage and the paperwork got served today, I am out of town so my mother received it for me. Upon looking at this paperwork I see he filed the wrong divorce type as we have a 5 year old daughter. I don't know what action to take at this point. I know if there is no response in 20 days it will go through and thats fine I want the divorce but I don't want implications to occur since he is openly saying we have no child. We have already worked out custody and support so this situation is totally uncontested . Please let me know what I should do to correct this
2 Answers from Attorneys
Oppose it, since you have a child.
You need to oppose this and file a response that shows that you do have a child together and then set out the agreement that you say you two have agreed on. If it is not in the court records, it will not be honored and then there is the question of fraud upon the court for not disclosing?
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