This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Divorce Modification With Agreement In Florida
Category:
State:
Multi-State
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
How long does a party have to enforce a Florida divorce agreement or judgment? There is a time limit, called a statute of limitations. ing to the Florida Statutes, “an action on a judgment or decree of a court of record in this state” must be commenced “within twenty years.” 1 § 95.11(1), Fla.
Yes, you can amend a marital settlement, with both parties agreeing.
A divorce decree could be invalid if a judge's decisions were based on incorrect information or if the judge made errors affecting the outcome. If one party concealed assets or debts from the other, that could be grounds for appeal or modification.
Parenting time and child support, which are also part of a final decree, may also be modifiable. At the time a divorce is finalized by court order, so are visitation and custody agreements.
You must prove that there has been a significant change in your circumstances when asking the court to modify a divorce order. The change must be permanent and it could not have been anticipated at the time of the divorce. The court may modify the terms of a child support, visitation, custody, or alimony order.
Under Florida state law, individuals seeking a divorce decree modification must file a petition with their local circuit court. The petition for modification must be in writing and should outline the requested changes. This petition will initiate the process of revising the existing agreement.
In Florida, there are two ways to modify a divorce decree: reach a mutual agreement with the other party before filing a request, or file the request for modification directly. If the parties can't agree, the process can be lengthy and involve serving the other party, discovery, mediation, and a court hearing.
However, if you received a truly unfair or unjust divorce settlement, you may be able to ask a court to reopen your case and take a second look at how the deal was made and whether or not it's unjust.