Tampa, FL asked in Family Law for Florida

Q: We both signed the martial settlement agreement without to much thought. Can we re-submit if we both agree?

Husband was so anxious to file the paper work, and i was just tired of the fighting, so I signed it. Yes I know it was dumb but it was it is. He used a cookie cutter document from his flat fee lawyer and it left out a ton of details, such as who gets the IRAs, retirements, etc.... if we re-do the form, using the one provided by the state, is it to late to re-submit it? The paperwork is not finalized only "filed"

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Yes, as long as the new agreement is in writing and signed by both of you it can replace the first agreement.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Not too late. You and your (anxious?) husband can file as many marital settlement agreements as you guys want to file; but sooner or later you will have to decide on everything you want to be included in the Final Order of Divorce. Or not. I have witnessed two other unsure couples doing this same thing--dragging out the divorce for more than a year.

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