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Marital Settlement Agreements

The court enters a final judgment for dissolution of marriage after a trial or after you have voluntarily entered into a marital settlement agreement. The majority of family law cases are resolved by the parties entering into an agreement through mediation or negotiating an agreement directly between themselves with their counsel's assistance. Generally, these agreements address the settlement of all issues that arise in the dissolution of marriage case, such as the division of marital assets and liabilities, time-sharing and parenting planschild support, alimony, and attorneys’ fees.

What if I Need to Change the Terms of My Marital Settlement Agreement?

At some point after the final judgment is entered, you may need to modify or change a financial obligation or time-sharing term within your final judgment, marital settlement agreement, or parenting plan. For example, suppose you cannot meet your financial obligations or there has been a development with your child that requires changes to your parenting plan, then a modification may be appropriate to make the needed changes. To obtain a modification, you must enter into a new agreement with the opposing party that is approved by the court, or you need to obtain a new order from the court through an evidentiary hearing.

What if My Former Spouse is not Following the Marital Settlement Agreement?

If your former spouse or opposing parent is not following the final judgment or marital settlement agreement, you may need to seek enforcement through the court. The court will compel the non-complying party to abide by the terms of the final judgment or agreement and may result in the court entering a contempt order against him or her. If the court finds that the non-complying party failed to comply with the final judgment or marital settlement agreement, most often, your former spouse or opposing parent will have to pay your reasonable attorneys’ fees and costs.

What if My Marital Settlement Agreement is Unfair?

Under limited circumstances, it may be appropriate for a court to set aside a final judgment or marital settlement agreement. This may be the case if  within one year of the court entering the final judgment, you discover that your former spouse did not disclose all of the financial information he or she was required to disclose under the Florida Family Law Rules of Procedure, or if there was fraud, misrepresentation or other misconduct by one spouse when entering into the marital settlement agreement. If a court sets aside a final judgment or marital settlement agreement, the judgment or agreement is deemed null and void, and the parties must either renegotiate a new marital settlement agreement or have a trial of all of the issues before a judge.

Please contact us online or call us at 305.444.3323 to schedule your consultation.

Client Reviews
"Christy Hertz helped me tremendously with co-parenting issues concerning my daughter. She was fair, listened to me and gave me great advice. She was honest with me, and I have great respect for her because of it. Ultimately, my daughter's father recognized what he needed to do for our daughter's wellbeing. Thanks to Christy, he became much more cooperative, and his cooperation will help in my daughter's development now and for years to come. I'd say she is worth every penny." K. D.
"Christy’s polished demeanor is professional and highly effective. She ALWAYS has a plan and it's ALWAYS the correct one. In representing me from the divorce consultation to the final agreement, her practical, point-blank approach is a well appreciated one. If you are looking for the best attorney to help you achieve the best possible outcome, SHE IS IT!" Sarah
"This is a great firm. Christy and her colleagues represented us through a four year, highly complicated case. We were well represented throughout the whole process. The firm is professional, knowledgable, experienced, and highly effective. These are thorough, hard working attorneys who are competent in every aspect. Christy is quick on her feet, a wealth of knowledge, and an excellent litigator. No games here. Clients first and exceptional service. Look no further." Rob
"Katie made me feel comfortable and confident. She follows through and is very patient to answer any questions you may have. If you're feeling nervous she assures you everything will be ok because she will be there with you every step of the way. Katie is very detailed and available at all times. I will eternally be grateful for how she took care of my case. Thank you Katie!!!!" Ely
"Katie, Helped me with my modification for child support. Being in the military it is very complexed dealing with pay and state laws but Katie guided me the whole way and made the process seem easy. I highly recommend Katie she is very knowledgeable and I felt I could trust her to look for my best interest. Thank you Katie for your help!" Anonymous