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    MoshPit2009's Avatar
    MoshPit2009 Posts: 1, Reputation: 1
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    #1

    Apr 28, 2009, 06:54 AM
    How and what motions to file in Florida
    I live in Florida and am going through a divorce. We went to mediation back in March and settled because I could not afford to go to trial. I also had to terminate my attorney as I could not afford her. I have been a stay at home Mom for 5 years and my only income right now is child support in the amount of $900.00.

    Anyway, the final hearing for dissolution is 11 May and I just found out that my husband did not provide full financial disclosure on his affidavit. I found out that he purchased numerous stocks during our marriage (I found the certificates in the garage) and he did not list those and they are considered marital property and should have been disclosed. I also found out that about 2 weeks ago, he started selling those stocks and got over $9,000.00.

    Like I said, I cannot afford an attorney and have been calling these free/low-income places but never get a "live" person. Time is running out and I don't know what to do.

    I want to file a motion to have the mediation paperwork deemed invalid due to fraudulent misrepresentation of marital assets and ask that the final hearing be postponed until this matter can be resolved.

    My only problem is that I do not know how to do this. I don't know if I can just send a letter to the Judge with attachments and pray that he reads it or if I should wait until the day of the final hearing and bring all of this to his attention. Someone told me not to wait until the hearing but again, I am totally clueless and frustrated.

    Many thanks for any assistance! It is sincerely appreciated!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 28, 2009, 08:15 AM

    Family Courts are generally less formal about motions and the like. So I would write a letter to the judge stating that you just recently found information (see attached) that your husband did not report his assets previously. Ask that these assets now be divided up.

    Briong this letter to the judges clerk and ask if this is sufficient or whether you need to file a specific form. If you need to file a form, ask where you can get that form.

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