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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2183
Experience:  Practicing Attorney with 10 years experience
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My wife called a divorce attorney and we went to see m and I

Customer Question

My wife called a divorce attorney and we went to see him and I then hired him and I signed the papers but then told him to hold of on filing the papers some months went by and then we decided to get divorced and I was the petitioner.
My question is the arrorney did not ask me to redo the papers he just used the same papers I filled originally and some things had changed but he filed as it was.
I purchased an investment property solely in my name and a rv solely in my name while still married to her.
She did make a settlement and was given what she asked for but my question is because those papers not showing the investment house or the rv would that be a problem if she decided to try and take me back to court for more money.
Both the investment property I had and the rv she did know about
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

I understand your concern and am sorry to hear about your family situation. If the divorce is not final, the original pleading can be amended or so long as the final divorce decree or settlement addresses all assets then it is a moot point. However, not disclosing these 2 assets could give the appearance that you are concealing them. I would say be upfront as to avoid angering the judge and provoking your ex-spouse to reject the settlement.

Customer: replied 1 year ago.
We are already divorced and this happened because the papers where done months before the actual divorce and the attorney never updated them
Expert:  Asad Rahman replied 1 year ago.

I see. I thought only the petition had been done. I did not realize he had actually drafted the divorce settlement papers as well. I will tell you yes, it could be an issue. She could ask the judge to modify the settlement because she did not know about these 2 assets and will say you guys hid them from her. That may not be true, but that will be how they characterize it. You may want to talk to her about it directly or through your attorneys. My approach is to always tackle issues head on and not just hope they will go away by being silent.

Customer: replied 1 year ago.
The other thing is we where married for only one year and I gave her a settlement of $50,000
Plus theres other monew she took also.
Given the short marriage and the amount she was given could she try to still get more based on this
Expert:  Asad Rahman replied 1 year ago.

It helps that Florida is not a community property state. Rather, Florida law asserts equitable distribution. Although sometimes equitable distribution means that there is a fifty-fifty split of the property, it does not always mean that. In a community property state, the property acquired during marriage is almost always split in half. In Florida, even though it practices equitable distribution, the norm is for the court to split the property half and half.

I think you could argue that what you have paid already is equitable and fair based on 1 year of marriage.

Expert:  Asad Rahman replied 1 year ago.

If you do not need further assistance, could you kindly accept the answer and provide a rating so that I may close it out?

If you still need help, I am here and happy to help.