The Judge signed an "Agreed Oder"

[Deon]

I did not agree to the Order and I have only four days left to respond. My attorney quit so I really need your help. What exactly do I to say when I file my Response? The Order says that "the Court being advised that the parties are in agreement as to the entry of this Order it is hereby Ordered and Adjudged...." Thanks.

[Attorney Howard Iken]

This situation entirely depends on what type of order, and what type of judge (Circuit Judge vs. Magistrate) And it is a really serious situation.

I believe you would like to appeal an order? This is beyond the scope of this forum You need to immediately see an attorney to discuss your options.

Attorney Howard Iken

[Deon]

Thank you so much for your suggestion. I believe that I overreacted yesterday. The Order is for Husband's motion for leave to amend his verified petition. The amended part includes Count II, partition of real property, Action: This is an action in equity or partition of real property as provided for under Chapter 64, Florida Statutes. I believe my Husband's attorney is trying to intimidate me although it does concern me that the order states that the relief is deemed filed instanter and the Wife has 10 days to respond. Anyway, I did file my response that I didn't agree with the Order, "Wife's objection to Husband's Amended verified petition for dissolution of marriage and other relief". I stated that the motion for partition would favor the Husband due to Wife's forced unequal access to and interest in the real property over the last year. My Husband has had agreed use and possession and right after I agreed to his exclusive use he filed for bankruptcy so I've been stuck for a year. Your thoughts are appreciated. I believe that my Husband would try to acquire our home through an insider deal but the paralegal at my ex-attorney's office said I shouldn't worry.

[Attorney Cheri Hobbs]

For a Motion to Amend Verified Petition the parties must agree or the party wanting to amend must submit a request. If I understand your facts correctly, this is basically a situation where the attorney for your spouse did not file originally for an action for partition and now just needs to correct this. Anything not plead in the pleadings cannot later be ordered so he/she is trying to protect this asset by amending the petition. The judge won't order the partition of the home at this point (this is the beginning of the lawsuit). If you have further questions please come in for a FREE consultation.

Attorney Cheri Hobbs

[Deon]

Unfortunately Cheri, I'm not in your geographic area. Do you know someone who might represent me in West Palm Beach. My ex-attorney told me I am capable of representing myself but as you can tell I have a hard time detaching my emotions as this has been going on for so many years.

Deon