QUESTION

In Florida, does divorce decree have to be signed and dated by both parties to be final?

Asked on Jul 29th, 2013 on Divorce - Florida
More details to this question:
Wife filed for divorce but we are working on it. All papers have been sent to us for final signature. Can we postpone by not signing and sending back?
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4 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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In Florida neither of the parties has to sign a final judgment, just the judge signs it. The judge will not enter a final judgment unless all other necessary documents have been signed by the parties, and it depends upon the judge as to whether a divorce can be granted pursuant to a motion for judgment on the pleadings.
Answered on Aug 01st, 2013 at 9:00 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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The Final Judgment is only signed by the Judge, not the parties.
Answered on Aug 01st, 2013 at 9:00 PM

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John Arthur Smitten
Agreements have to be signed by both parties to the case. The actual Order is signed by the court.
Answered on Aug 01st, 2013 at 9:00 PM

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You don't say what "papers" were sent to you for signature, or who sent them, however, generally speaking, in the absence of a fully-signed Marital Settlement Agreement, your case would have to be set for a trial, rather than an uncontested final hearing. If set for trial, and you both do not intend to proceed with the divorce, you should prepare and file a motion for continuance, and schedule that motion for a hearing before the court. If set for an uncontested final hearing, and you both do not intend to proceed, you should file a notice of cancellation of hearing with the court.
Answered on Aug 01st, 2013 at 9:00 PM

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