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I have recently signed the papers for an uncontested Divorce. can this be changed?
Anonymous2 views4 answers
There are some things of mine that he is refusing to give to me, claiming that he does not have them. To get it court ordered that he returns them, does the divorce need to be changed to contested? And how do I go about doing that? Also, would it be difficult to add a restraining order to the divorce? He has been recently making threats to me and my friends and has been stalking me. The threats have been done via text, that I saved, but none the less they were done.
We have not be assigned a court date yet.
Thanks!
Once you sign the papers, they cannot be changed. You may be able to file a motion to compel, but one would have to know all the facts and circumstances in order to advise you correctly. It will not hurt to set up an appointment with a family lawyer in your area to find out what options, if any, you have at this stage.
A settlement agreement is a contract, like, for instance, the contract you sign when you buy a car. You have as much chance of changing a signed marital settlement agreement as you do of signing a signed car purchase agreement. Once your divorce is final, you can sue him for violating the contract he has signed. If you have grounds to file for an injunction (a restraining order), you should do that in a separate lawsuit. Injunctions of this type are free and you can fill out the forms at the courthouse.
The Answer to this is it depends. If you are a victim of domestic violence and signed the uncontested divorce documents because of fear or cohersion then you could file a Motion to Set Aside the Settlement Agreement. However, if it is just because you forgot something, that will not be the basis of setting aside the agreement. If you have signed an agreement, but have not got on to a final hearing to make the agreement permenate, then you could ask to address some of these issues with the Judge (if the issue was not addressed at all and was omitted), who would ratify your agreement and could include them in the FInal Judgment. If they were included in a FInal Judgment then you could file a Motion to Compel to get your items.
On the issue of obtaining a restraing order - which in Florida is call a Injunction for Protection Against Domestic Violence. You and your boyfirend would have to file seperately and please know that the definition of domestic violence is “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. - and although stakling is in there - remember that stalking is when a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, or A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. or A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
(b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.
(c) “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.
(d) “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
At the very least I would suggest talking to an attorney.