QUESTION
My husband divorced me just about a year ago. I don't think it was fair but I went along with it because I didn't think I had a choice in the matter.
Asked on Feb 12th, 2021 on Divorce - Florida
More details to this question:
There was mental and verbal abuse and I left the home. We were both on drugs at the time and he just got out of the hospital from almost losing his life in a motorcycle accident which I did everything for him from paperwork with lawyers to wiping his a** when he came home. He got a 1.25 million dollar settlement because of his accident and my keeping his affairs in order. When I left he claimed that I was having sexual affairs and we were still together. But that was not the case. He never told me about any court dates and by the time I knew it he was delivering me paperwork 15 days after the date to which I could contest to the situation. He also told the lawyers that he had that money before we got married which was a lie. I didn't get anything from the divorce which I think I should have been awarded something to leave with since I took care of him and his affairs while he was in the hospital. I don't know if it's too late to do anything about it but I just wanted to know.
1 ANSWER
Dear Ms. Volk:
I am not sure if you are discussing Court dates for your injury case or your divorce. As to the personal injury case, typically you would have had to sign a waiver of your claim for "loss of consortium" as a spouse does have a claim when another spouse is injured in an accident. However, I suggest you check with a personal injury lawyer on this.
As to the divorce itself, to set aside a judgment one must look at Florida Family Law Rule 12.540. If you file to set the judgment aside within one year, you may do so on legal grounds of mistake, newly discovered evidence or fraud. However, if your former husband's financial affidavit was fraudulent, then the motion can be filed after the one year as there is no time limite, but, as always, the sooner the better.
If you feel that the facts suggest any of these grounds and a year has not yet expired, I would suggest that you move on this quickly.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward, Miami-Dade, Boca Raton
954-316-3496/561-962-2785
Answered on Feb 15th, 2021 at 10:20 AM