Legal Question in Family Law in Florida

Re: renegotiating terms of divorce

In New York State it is possible to open a divorce judgment, but the Courts are very reluctant to do so. One basis for opening the terms of a divorce is that there was some type of fraud or over-reaching in the negotiation of the initial Separation Agreement. Absent a demonstration that you discovered fraud two (2) years later (ie. your ex-husband had secreted away $5,000,000,000.00 that he didn't admit to), use of fraud will be very difficult to prove. Another approach is to argue a change in circumstances. This is far more effective when attempting to obtain an increase in maintenance than to obtain it for the first time.

The Courts want finality. Simply to argue, two years after finalization of your divorce, that you made a mistake by not requesting maintenance, will not convince a Court to open your divorce and award you maintenance or an offset for debts that you paid. If you feel that you have a good factual basis for opening your divorce, you need to consult with competent counsel. The facts will control. There are no virtually no facts set forth in your question. Accordingly, the answer to each of your questions is yes. The better question, and the one that you want answered, is can you do it. Without facts it is impossible to answer your questions.