Don’t just settle to get this over…Get it right the first time and fight for what you want in your divorce or paternity case right now.
For some men the attitude is, “I just want this over. Let’s just settle. She can have what she wants right now, and we can talk about changing things later.” This is the wrong approach. You should fight for everything you can get right now. For starters, some things simply cannot be modified. Equitable Distribution of assets and liabilities is permanent and non-modifiable. Once a Final Judgment is entered in your case pursuant to a settlement agreement, the division of assets and liabilities is done. For example, the court in Klinka stated, “It is well established that once the property rights of the parties have been settled by the court in a final judgment of dissolution of marriage, the trial court cannot thereafter modify those rights.” Mandy, 492 So.2d at 760; see also Davis v. Dieujuste, 496 So.2d 806, 809-10 (Fla.1986) (holding that “a final judgment of dissolution settles all such matters as between the spouses evolving during the marriage, whether or not these matters were introduced in the dissolution proceeding, and acts as a bar to any action thereafter to determine such rights and obligations”) Klinka v. Klinka, 959 So. 2d 383, 385 (Fla. 5th DCA 2007). That being said, things such as Alimony, Time-Sharing, Parental Responsibility, and Child Support are modifiable; however asking the court to modify what has already been agreed upon, and/or ordered, is no small task. Unless you and the other party agree in writing, and both sign off on subsequent changes down the road, you will likely have to fight about things in court. Having said that, generally in order to even have the opportunity to come back into court on such proceedings, you would need to file a Supplemental Petition for Modification of Final Judgment. Essentially, you would be starting the process all over again. (i.e., discovery, case managements, mediation, hearings, and/or trial, etc.)
With this in mind, you should always “dot every i and cross every t” when considering your equitable distribution in divorce proceedings. We will talk more next week about modifying other aspects of Final Judgments.