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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I live in florida and my husband and i just filed for divorce

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I live in florida and my husband and i just filed for divorce with a marital settlement agreement. The consent final judgement of dissolution of marriage clearly states the terms of the MSA. However, the petition for dissolution of marriage and related relief has language that the court shall decide marital assets, child support, etc. Can the MSA be thrown out? Further, I was told that we are legally separated upon filing and getting a case number. I have researched and Florida does not have legal separation, you are either married or divorced. So, I am not legally divorced until judge grants the divorce? This is important becuase of trusts we own.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.


What you Stated is correct. Florida does not have legal separation and you would need to get divorced, by the Judge. If you filed for divorce and agreed on the marital settlement agreement, that is going to control since you both voluntarily entered into it. The petition should have language, which could be amended, to reference the settlement agreement that you both previously signed. If it is unfair, a Judge could throw it out and if there are problems with it, can always be modified/amended if good cause is shown.

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Customer: replied 5 years ago.
one of the trusts assigned me a promissory note the note was originally held by my husband, but we were married at the time. Since the funds were marital funds used for the loan, am I required to pay taxes on the promissory note when the trust repays it?
I certainly understand your concern. This is separate and apart from the original question, so you should post it in the tax law section, so a professional can provide you with the proper answer. If you have any other questions about the divorce, you can ask me about that, as needed.