Legal Question in Family Law in Florida

I am pro se in a dissolution of marriage, my husband filed original petition. He has an attorney, I do not. I can't afford one and want to motion the Judge before a Hearing to Set Aside an MSA for legal fees from my husband. How do I go about this?


Asked on 9/18/09, 10:17 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

There is no such thing as a motion to set aside an MSA for legal fees. You can set aside an MSA due to fraud (they lied to you, which usually has to be in writing) or coercion (they held a gun to your head - literally - a gun, really - not "sign this or you'll lose in court" - but a gun, a real gun - okay, it doesn't have to be that serious, but it has to be something very, very close to a real gun). There's almost no way out of an MSA, even if you didn't have a lawyer at the time, but maybe you can find a lawyer to ask about it for free or for a very low fee.

If you want your husband to pay for your lawyer, file a motion for attorneys' fees. You can find those online. There's no standard motion for it that you can download.

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Answered on 9/18/09, 10:35 am


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