Legal Question in Family Law in Florida

My ex and I were married for 28 yrs. I left him in Jan.2009 after that he went to his lawyer and brougt me a Seperation Agreement to sign, I didn't sign it because I wanted my dog and rest of my personal belongings. He put in this agreement that I had no legal rights to his retirement or insurance etc. I stalled him for a while because he wouldn't give me my stuff. He finally made me sign in front of a Notary so I could get my belongings. I didn't want to sign it because he has a good job and I don't. He works for a State University in central NY. I signed it under disstress. We have been apart for 1 1/2 yr now. I noticed that the separation agreement was never filed in the courts system. Is it still a legal and binding contract? I want to file for divorce but I was wondering about this agreement and if I have any rights to anything because he wouldn't give up anything I wanted. There are things of mine still in that house and garage the he states he can't find. I walked away with clothes, pictures, and pots and pans. I moved here to Florida with my boyfriend in December 2009 to get away from all that mess and to try to start a new life. Could you please tell me what legal rights I have if any and do I file in Florida or NY? Thank you so much.for your time. Sincerely, Robin


Asked on 7/30/10, 2:27 pm

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

Sounds like all this was in NY when you signed this document. Florida does not have a legal separation agreement and therefore does not honor them prepared in this state. I suggest you contact an attorney in NY to see what your rights are.

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Answered on 8/05/10, 7:01 am


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