QUESTION

To set aside dissolution of marriage due to coercion duress no counsel and fraudulent financial affidavit and if so what case shows that?

Asked on Jun 18th, 2020 on Family Law - Florida
More details to this question:
Newly discovered evidence. Wasn't notified of final hearing. Ex husband is an attorney represented. Former Wife did not have counsel. Former Wife was threatened to not involve courts. Need to site a case to set aside dissolution in Florida after 1 year
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1 ANSWER

Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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Thank you for your question. You have raised about five issues seeking to set aside what I assume to be (though not mentioned) is the Final Judgment of Dissolution of Marriage and likely related relief such as alimony, equitable distribution, children’s issues, etc.. Most of them are addressed directly under Florida Family Law Rules of Procedure 12.540 (b) (1) - (5). There is a one year time limit under the Rule for each of these sub-parts (b) (1) - (3) but for fraudulent Financial Affidavits so read the Rule carefully. Not receiving the Notice of the Final Hearing at your mailing or e-mail address which you provided to the Clerk of Court may also be a ground for vacating the Final Judgment as well.  The fact that one party had counsel and the other did not have counsel in and of itself is not a ground for vacating a Final Judgment. Being threatened to not to appear in court may be a ground to set it aside under Rule 12.540 (b)(3). See Hitt v. Hitt 535 So.2d 631 (4th DCA 1989). Again, be mindful of the one-year limitation and that this does NOT apply to fraudulent Financial Affidavits under Rule 12.540 (b)(5).  I have tried these cases over the past thirty years in South Florida, and if you are not represented by an experienced family law attorney you absolutely will need one to proceed in this instance. This is a sophisticated area of law and not the place for the unrepresented. 
Answered on Jun 19th, 2020 at 10:26 AM

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