Can my Ex-husband amend our divorce?

Question

Hi everybody! Can anyone help me with this?

My ex husband and I got divorced last april. No children involved, no alimony involved... It was a considered a "Simple Divorce" in the State of Florida and we agreed with all the terms on it. We both live in the US, however, we had a small business while we lived in Brazil (he is american and I am brazilian) and we are supposed to receive some money back from our taxes there next year. It's a good amount of money, but since I am the brazilian citizen, it will come only in my name. Of course we agreed on sharing the money as soon as I get it in my hands (and of course I will honor my word), so we decided we wouldn't list this in our divorce, just to make things simple, since we are good friends and we never had trust issues. He didn't hire a lawyer to get our divorce.

However, I just found out he is going to marry my best friend (lol) and she is telling him she wants him to amend the divorce because of the money (that so far its not even in my hands!). He is very serious about it and he says he is taking me to the court...Can he do it?

I really don't mind, because I will give him his share anyway, but after knowing he will marry her, I really don't feel like making any changes or make things easier for them, especially because the reason I divorced him is because he used to abuse me phisically and I never reported him to the police. I just opted for the divorce cause I didn't want to ruin his life.

Please help if you know some information. Thanks!

Answer 1

You can't amend a divorce,it's a done deal.Keep your money.

Answer 2

I really hope you give them both (ex-husband and best-friend) what they deserve, which is an amount of $0

Answer 3

he can try but i dont see any judge doing him any favors since he agreed to the terms of the orginal divorce setup  

Answer 4

Legally, and if he can prove it, he could sue you for his half of the tax return.  You had a verbal agreement.  Now, as to going back to court, it is to make sure after that peace of crud of a friend is going to marry him, let him try and take you back.  He will have to hire a lawyer, to make sure he gets what you plan to give him anyway.  Funny thing is he might lose.  If you plan to make good on your agreement, send him a letter to that affect, return receipt.  Keep the receipt and keep a copy of the letter sent.  If he then drags you into court, it should protect you from having to pay any costs in the court.

Answer 5

It will be up to the judge to decide if the divorce can be amended.

Answer 6

He will have to go thru the courts and get a hearing date.  He can request an amendment, but that doesn't mean he will be granted it.

I'm sure a judge will want to know why his name is not on the money to begin with.  At worst, a judge may order you to give him 50% of the money.

It will not be a high priority on the court docket, so you may receive it before any court date.  I suggest you spend ALL of it some way (hide it in a Brazilian bank, etc) as soon as you get it.

Honey, if she is your best friend, you are really in trouble.