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?
4 ANSWERS
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
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
Social Security Disability Attorney serving Melbourne, FL
at
Law Office of Robert E. McCall
Update Your Profile
The Final Judgment is only signed by the Judge, not the parties.
Answered on Aug 01st, 2013 at 9:00 PM
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
Family Law Attorney serving Greenacres, FL
at
Ronald Bornstein, Attorney at Law
Update Your Profile
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