Q: Why is there a motion to vacate in my uncontested divorce in FL?
I filed an uncontested divorce with my spouse. We have no children, and my husband signed a waiver stating he will receive no assets. I have inherited a home and a car. Recently, a motion to vacate was filed by another party with a general magistrate. The motion was filed on February 27, 2025, and the divorce is not yet finalized. Why might this motion be filed, and what could it mean for the divorce process?
A: Assuming you and your husband are the only parties to the divorce, no one else is able to file a motion. Have you confirmed that the filing is not in error? Do you have a final hearing scheduled? Speak with a local family lawyer for more specific advice.
A: It sounds as if once you’re former spouse found out about the inheritance, they hired a lawyer to vacate the final judgment and make a play towards that inheritance. They’re probably claiming some type of fraud on your part. However, an inheritance is not subject to equitable distribution, so I believe, based on the facts you submitted, that your inheritance is safe. But you do need to respond to the motion. Good luck.
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