Legal Question in Family Law in Florida

I've been seperated from my husband since 2004. He had refused to sign divorce papers previously and when he came to pick up his things on Sep 04 the police were called and they made him sign them. When he left I found they were gone, and even though I requested he sign new ones he refused. I recently found the papers hidden in the garage. Even though they are dated 2004..can I still use them? Nothing has changed, we have no children together, I bought my house before we met and we were only married for 7 months when I caught him cheating and threw him out. The only thing I do want back is my car which he took at the time, he was supposed to get himself another and give me it back but that of course never happened and the police wouldn't do anything about it since we were still married. I've been out of work for 5 months now and can't afford to get an attorney.


Asked on 10/29/09, 4:09 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Why do you even need his signature? Get a divorce without his consent. Just file a contested divorce (you can still do that without a lawyer) and have him served with the papers. In the paperwork, explain that you get to keep the premarital house and the car.

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Answered on 11/03/09, 4:30 pm
Lucreita Becude Lucreita D. Becude, P.A.

Do as Mr. Rose has suggested. File a contested divorce action requesting the ownership of your house and car and have him served.

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Answered on 11/03/09, 5:50 pm


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