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  1. #1
    Join Date
    Apr 2012
    Posts
    4

    Exclamation Can You Amend a Divorce Proceeding or Do You Need to Refile

    My question involves a marriage in the state of: FLORIDA

    I'll try to make this succinct as possible.

    Retained a lawyer in May of 2016 for simple dissolution. After poor communication, taking my money, he finally managed to successfully file a petition for simple dissolution but in a neighboring county instead of the one I live in. Asked why it took so long and he gave me a vague "problem with the clerk" explanation. It took 6 months for him to finally file. Now, as before, he is not answering my calls, emails, etc. My wife has moved to Hawaii and will not be able to make the court date in May. But, in the state of Florida, both must attend for a simple dissolution hearing. Why simple, but not standard?

    Anyway, is my only option to file for standard so that she will not have to be in court? Do I amend or refile all together? Can I get the other county to transfer filing documents to my county?

    I would imagine this is going to mean more court costs and more waiting before this nightmare ends. To make matters worse, I will be leaving Florida to another state, so hope this can be done witin the next 5 months. Ugh.

    Thank you.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Amend a Divorce Proceeding or Do You Need to Refile

    I don't see anything in the court rules that would allow a simplified divorce to be converted into a standard divorce. If you cannot get an answer from your lawyer, see if the court clerk can advise you as to whether it is possible to amend the complaint so that you can maintain the benefit of the filing fee you have already paid.

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