Divorsed 2 years ago...Ex wants to contest settlement..Help

[usmcsgtbob]

What is the name of your state? Florida

I may need some help here.. can she do this... I got divorsed 2 years ago in state Florida.... it was uncontested divorce meaning neither of us had attorneys...we did not go to court... used a 3rd party to file on our behalf... we agreed on everything.. We legally did the divorce, 90 days...the judge signed off and all done.. I cut her a check for $70k and over...

Now she is in some financial trouble... she hasn't managed her money very well, having trouble paying bills, ect.. its not like I'm having an easy time either...by myself... but now I found out she is talking to an attorney about the divorce... 2 years later.. I dont understand.. She feels she got cheated some how and wants me to give her more money.. or alimony...

Can she contest the divorce??? is that possible 2 years later? I think the catch here is she is going to try and claim herself incompetent and with the help of her shifty atty say she didnt know what she was signing and understood the settlement agreement ... Is this possible?

I need some good advice here on law as I'm a little worried I am going to try and get raked over the coals again.. when does it end.... when am I going to be free from being bleed by this person.. Whats the law on this... please help

Bob

 

[Gracie3787]

What is the name of your state? Florida

I may need some help here.. can she do this... I got divorsed 2 years ago in state Florida.... it was uncontested divorce meaning neither of us had attorneys...we did not go to court... used a 3rd party to file on our behalf... we agreed on everything.. We legally did the divorce, 90 days...the judge signed off and all done.. I cut her a check for $70k and over...

Now she is in some financial trouble... she hasn't managed her money very well, having trouble paying bills, ect.. its not like I'm having an easy time either...by myself... but now I found out she is talking to an attorney about the divorce... 2 years later.. I dont understand.. She feels she got cheated some how and wants me to give her more money.. or alimony...

Can she contest the divorce??? is that possible 2 years later? I think the catch here is she is going to try and claim herself incompetent and with the help of her shifty atty say she didnt know what she was signing and understood the settlement agreement ... Is this possible?

I need some good advice here on law as I'm a little worried I am going to try and get raked over the coals again.. when does it end.... when am I going to be free from being bleed by this person.. Whats the law on this... please help

Bob

The laws on this can be found here:

Florida Rules of Civil Procedure 1.540 http://phonl.com/fl_law/rules/frcp

Florida Family Law Rules 12.540 http://phonl.com/fl_law/rules/famlawrules

 

[usmcsgtbob]

Can you be a little more specific... I still cant find the answer I am looking for in all this

 

[Gracie3787]

Can you be a little more specific... I still cant find the answer I am looking for in all this

Is she making any claims of a fraudulent financial affidavit?

If not, then she will be unable to win because the law places a 1 year tme limit on filings for relief under Rule 1.540.

 

[Bali Hai]

What is the name of your state? Florida

I may need some help here.. can she do this... I got divorsed 2 years ago in state Florida.... it was uncontested divorce meaning neither of us had attorneys...we did not go to court... used a 3rd party to file on our behalf... we agreed on everything.. We legally did the divorce, 90 days...the judge signed off and all done.. I cut her a check for $70k and over...

Now she is in some financial trouble... she hasn't managed her money very well, having trouble paying bills, ect.. its not like I'm having an easy time either...by myself... but now I found out she is talking to an attorney about the divorce... 2 years later.. I dont understand.. She feels she got cheated some how and wants me to give her more money.. or alimony...

She doesn't feel cheated, she knows the courts will have sympathy because she's a woman and there is a good chance the judge will make you pay.

Can she contest the divorce??? is that possible 2 years later? I think the catch here is she is going to try and claim herself incompetent and with the help of her shifty atty say she didnt know what she was signing and understood the settlement agreement ... Is this possible?

It sure is. She and her attorney will conjure something up, trust me.

I need some good advice here on law as I'm a little worried I am going to try and get raked over the coals again.. when does it end.... when am I going to be free from being bleed by this person

Frankly you will never be free of that as long a the court goes along with her game.

.. Whats the law on this... please help

Bob

Judges don't want to put the hammer down on women (even though they need it) because it's not the politically correct thing to do. Women vote and judges are put into office by politicans. Get the picture??

 

[usmcsgtbob]

well what she told me last night is that the atty told her theres nothing he can do ...whats done is done.. whether thats true or not I dont know or if she is conjuring up something I dont know... But I did do some research and yes... seems in Florida they place a 1 year time limit on Fraudulance.. What she is arguing is she COULD of got alimony and chose not to.. and MAYBE I under estimated the value of my house and the numbers were little off... either way its been past the 1 year.. but what I worried about if she tries or would try to make the divorce VOID by a motion of incompetence , she probally could be declared incompetant if evaluated --she not right in head.. and slightly handicapped.. so she could say she didnt understand what she was signing even though there were representive explaining it all to her while we were there and she took the settlement and showed to many friends and they all said ok go ahead and sign it looks good.. what I dont know is what are the laws on time limits in florida to overthrow a judgment based on if the person declared them self incompetant.. there has to be some limit cause whats to say..... they were not incompetant at the time of signing ... how do you prove that..

I could be perfectly sain in 2000 and in 2009 become medically insane and how could I prove I was that way back in 2000???? see ... Shes just trying to dig me for more money since she is in trouble and felt maybe she could of gotton alimony or whatever.. but reality is ....if she went before a board of nurses and ?? she would definately could be decalred incompetant.. I believe.. she is Mild MR.... but drives a car, works, manages her accounts.. you understand now.. but if reviewed...maybe they could decalre her incomp.. and could she overturn the judgment 2 years ago and try for a new divorce.. thats what i worry about.. whats the time limit on incompetance
.

 

[Gracie3787]

Judges don't want to put the hammer down on women (even though they need it) because it's not the politically correct thing to do. Women vote and judges are put into office by politicans. Get the picture??

Bali, we all know how you feel, and I agree that sometimes Judges can be biased, however, in the OP's situation the law is EXTREMELY clear, the time limit has passed for anything that the ex could try to come up with- period, end of story.

Sadly, in Florida, even if the ex were claiming that OP had a fraudulent financial affidavit (the ONLY allegation not time limited) it still wouldn't do any good. Although that law exists, it has been struck down many many times in the appeals courts.

So, this is one situation where the woman will not win, no matter how biased the Judge is.

 

[Gracie3787]

well what she told me last night is that the atty told her theres nothing he can do ...whats done is done.. whether thats true or not I dont know or if she is conjuring up something I dont know... But I did do some research and yes... seems in Florida they place a 1 year time limit on Fraudulance.. What she is arguing is she COULD of got alimony and chose not to.. and MAYBE I under estimated the value of my house and the numbers were little off... either way its been past the 1 year.. but what I worried about if she tries or would try to make the divorce VOID by a motion of incompetence , she probally could be declared incompetant if evaluated --she not right in head.. and slightly handicapped.. so she could say she didnt understand what she was signing even though there were representive explaining it all to her while we were there and she took the settlement and showed to many friends and they all said ok go ahead and sign it looks good.. what I dont know is what are the laws on time limits in florida to overthrow a judgment based on if the person declared them self incompetant.. there has to be some limit cause whats to say..... they were not incompetant at the time of signing ... how do you prove that..

I could be perfectly sain in 2000 and in 2009 become medically insane and how could I prove I was that way back in 2000???? see ... Shes just trying to dig me for more money since she is in trouble and felt maybe she could of gotton alimony or whatever.. but reality is ....if she went before a board of nurses and ?? she would definately could be decalred incompetant.. I believe.. she is Mild MR.... but drives a car, works, manages her accounts.. you understand now.. but if reviewed...maybe they could decalre her incomp.. and could she overturn the judgment 2 years ago and try for a new divorce.. thats what i worry about.. whats the time limit on incompetance
.

STOP WORRYING.

Even if there were no time limit, your ex cannot possibly prevail for 2 very simple reasons:

1. Spousal support should have been asked for at the time of divorce, she cannot ask now because it is res judicata, meaning that it's already been decided by the court.

2. She would have to PROVE that she was incompetent AT THE TIME.

She admits that an attorney has told her there's nothing she can do, you've read the laws yourself, so why are you still worried?