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What form do I use to file a motion to set aside a final judgment in a Florida divorce case?

Rockledge, FL |

Ex-wife lied about assets on financial affidavit that was submitted before final judgment back in 11/2011. Rule 12.540 allows me the right to set aside judgment based on a fraudulent financial affidavit. I am seeking to ask court to set aside judgment but would need to file this motion with the proper form. It is not a default judgment.

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Attorney answers 3

Posted

I concur with the other answers that you would benefit from seeking the advice of counsel on this matter. For many family law matters that can be handled pro se, there is a pro se family coordinator at the courthouse that can assist you with forms, but cannot provide legal advice. I believe your issues is more complicated than they may be able to assist you with, but you should be aware of their existence for other matters.

For further information on the Pro Se Coordinator see below from the Brevard County Clerk's website:
The Family Pro Se Coordinator does not give legal advice, tell a person what the law is, represent them in court, tell them how to testify in court, or tell what their rights are. Pro se parties can call the self help office (321-633-7780) to get information on what forms need to be completed, the next step in their case, to set an appointment to have the forms reviewed only to see if they are complete, to notarize the documents. There is no charge for this service.

Posted

A motion for relief from judgment due to alleged fraud needs to allege the precise basis for your allegation of fraud. This type of motion does not lend itself to a form. I am sure that you can find a motion online and model your motion after it. But, when you have to prove that another party committed fraud, you may want to have a lawyer involved. The Court will need to explore the falsity of the state, her intent in making the statement, the materiality of the misstatement, your actual reliance on the misrepresentation, and how the misstatement affected the court's ruling.

This is best done with the assistance of counsel.

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Posted

Please do not attempt this without the assistance of an attorney. It is not a simple process to set aside a final judgment. I recommend at least having an attorney draft the motion and you can proceed Pro Se from that point forward. The few hundred dollars that it may cost to have an attorney draft the motion may be we'll worth the outcome. If you would like a free 20 minute telephone consultation please call my firm. I am located in Jacksonville but handle cases all over most of the state.Best of Luck.

FOR A FREE 20 MINUTE INITIAL TELEPHONE CONSULTATION CALL 904-473-7642 or you may call my secretary at 904-304-5080 if you cannot reach me at office as I am mobile most of the time. NOTHING IN THIS ANSWER IS INTENDED TO CREATE AN ATTORNEY/CLIENT RELATIONSpHIP NOR SHOULD BE CONSIDERED A SUBSTITUTE FOR AN IN PERSON CONSULTATION WITH AN ATTORNEY/THIS ANSWER IS NOT INTENDED TO BE TAKEN AS LEGAL ADVICE, ALL PARTIES POSTING QUESTIONS ARE HIGHLY ADVISED TO IMMEDIATELY SEEK COUNSEL TO REMEDY THEIR LEGAL PROBLEMS. "THE HIRING OF A LAWYER IS AN IMPORTANT DECISIONS THAT SHOULD NOT SOLELY BE BASED UPON ADVERTISEMENTS, BEFORE YOU DECIDE ASK FOR FREE WRITTEN INFORMATION REGARDING OUR QUALIFICATIONS AND EXPERIENCE" Kristopher R. Reilly, Attorney At Law 40 17th Street Atlantic Beach, Fl. 32233

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