Incomplete Settlement After Divorce
by Sandra from Orlando, Florida, Orange County
Divorced but settlement not complete, can I remarry in Florida. Divorced in 2005, husband contested settlement.
I've been paying the expenses (mortgage, taxes, insurance) and home maintenance and repairs, upgrades and he has not paid anything since left in 4/04 and was to have paid half but nothing.
Is there a limitation on a settlement and can I get remarried if settlement not complete? If not what is husband responsible for since his name is on mortgage and deed.
Also court clerk changed my name when I requested it not to be changed. How do I fix that since the lawyer didn't and now is not working.
Answer to Florida Divorce Question
What does your Final Order of Dissolution of Marriage state regarding your former husband's obligations to pay expenses?
If his obligation to pay expenses for the mortgage, taxes, insurance, home maintenance, and home repairs were not addressed at all you still may have recourse.
Since his name is on the mortgage and deed, you could file suit, requesting that you be awarded half of all of those expenses.
Keep in mind, however, that since his name remains on the mortgage and deed, he also may be entitled to half of the equity in the property.
If your ex was already ordered to pay those expenses, and he is not, then he could be found in contempt of court. As far as your name change, you most likely need to file a new action for name change, because you may have waited too long to correct the error.
Generally, clerical errors may be corrected by motion or notifying the court within one year after the error occurred but you can still try.Florida Rules of Civil Procedure RULE 1.540 RELIEF FROM JUDGMENT, DECREES, OR ORDERS
(a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders.
During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.Notice:
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