Legal Question in Family Law in Florida

I'm went to a lawyer to file divorce papers. My wife lives in MD with our son but I live in FL ( she moved away about 2 months before I filed for divorce). We came to an agreement for child support and visitation but she sent the paper's back once asking for a change so we changed them. It has been over 2 months since she got the new paperwork. She is refusing to sign with the excuse of "not being able to find a notary". My attorney told me that if she keeps refusing to sign, that make it "contested" and that I'll have to pay more. But, I'm almost certain that I've been told before that if she refuses to sign it's considered "uncontested" and can still go to the judge. Which is the correct information?


Asked on 6/04/12, 1:54 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Depends. If she accepted the papers and then asked for a revision then it is now a contested matter. If she had agreed at the beginning and signed the documents then it would have been uncontested. Or if nothing had ever been said, possibly uncontested. In this matter you are dealing with the child. The divorce is moot - you get it either way but when it comes to home, vehicles, ira or 401 ks and children, that becomes a different story. those things are not freely granted. They must be agreed to or resolved in Court.

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Answered on 6/04/12, 2:23 pm


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