How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thelawman2 Your Own Question
Thelawman2, Attorney
Category: Family Law
Satisfied Customers: 1612
Experience:  Attorney-at-Law
Type Your Family Law Question Here...
Thelawman2 is online now
A new question is answered every 9 seconds

My divorce was final in 2014. My X was verbally abusive and

Customer Question

Hi. My divorce was final in 2014. My X was verbally abusive and controlling. He made me sign a computer driven document stating I would ask for no Alimony. I was married 21 years, had 2 daughters and worked full time until an accident in 2011. I am on SSD. All our income went into one account. I had asked him to leave but he would not and situation was getting scary. My family was all in NY, therefore that is where I went. I was not allowed one piece of furniture etc, only what I could fit in my car. We lived in a 4 bedroom, 3 bath house with a pool in Fl. He just recently resided the house and put all new landscaping in front. He is the only one living there, and has stated he will not sell, because he wants me to have nothing out of the house. My question is, can I go back after him for alimony? I am having a hard time making it on my own with just SSD. Shouldn't he be responsible for helping me to maintain a certain lifestyle? He makes 16,000/month. His life never changed, still travels, buys cars for my daughters', pays mortgage for one etc. Can I do anything to make him pay a little?
Submitted: 2 months ago.
Category: Family Law
Expert:  Thelawman2 replied 2 months ago.

Hello, my name is ***** ***** I will be helping you today.

If the divorce decree was finalized and as part of that, there was no alimony awarded, then the only real possible approach that you could do is file a motion with the Florida court to vacate the judgment for the reasons that you were too afraid to ask for alimony and you felt coerced into signing that document due to the fear. The problem is that most courts will not entertain this type of motion after one year has passed. It is possible that a court MIGHT vacate but it is going to be unlikely that they are going to waive the one year limitation. If you have spoken to Florida attorneys who have listened to the facts of your case and stated that it is time barred, then you are probably in a difficult position.

Your best bet is to keep calling around to Florida attorneys and see if anyone would be willing to at least just take the chance of filing the motion on your behalf. There really is nothing to lose by at least trying to get the divorce decree vacated.