How Final Are Final Judgments?

by Robin Roshkind, Esquire, West Palm Beach, Florida

Final judgments of divorce do several things.  The first, is they dissolve the legal union of two people…the marriage is dissolved.  Final judgments set forth the terms for bringing up the children, if any.  Final judgments divide marital assets and debts.  Final judgments provide for spousal and child support, title transfers to real and personal property, and govern the splitting of the couple and the couple’s things.  

In the State of Florida, final judgments can be enforced if one or both parties do not do what they are supposed to under the final judgment.  Final judgments can also be modified or changed if there occurs a substantial, involuntary, material change of circumstances that was unforseen at the time of final judgment.

In Florida, once property and debts are divided, either by agreement of the parties or by trial judgment, this is final.  You cannot undo an award of real estate, or obligation to pay a debt, unless there is fraud.  Also, an award of unmodifiable alimony cannot be undone, regardless of any changes of circumstances.  Child support, time sharing, alimony that is modifiable can be changed into the future provided there is legal justification to do so under the law.

So final judgments regarding division of property, asset and debt division, and unmodifiable alimony cannot be changed, while child support and alimony can be changed under the proper circumstances.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at http://www.familylawwpb.com for more information.

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