Can a Final Judgment in a Divorce Be Amended?
Going through a divorce in the Tampa area will likely be among the more difficult experiences you will go through in your life, even if your divorce is uncontested. It is emotionally complicated to end a marriage, and to move into a new phase of your life. Once a divorce is finalized, most spouses want to move forward and avoid looking back. However, many spouses remain linked to one another through shared children from their marriage, or through the award of alimony to be paid for a specific period of time after the divorce.
Even if you are ready to look ahead, you might also have a need to revisit part of the judgment from your divorce if circumstances have changed, or if you strongly feel the court did not get something right. If you find yourself in this situation, you are likely wondering: can a final judgment in a divorce be amended? It depends. A recent case out of a Florida court suggests that there are circumstances in which a final judgment can be amended, but you should always discuss the details of your specific case with a Tampa divorce attorney who can help. In the meantime, we can tell you more about amending a final judgment in a Florida divorce.
Missing Information in the Divorce Judgment
The recent Florida case out of the Second District of Appeal of Florida, Cirillo v. Cirillo (2025), made clear that missing financial information in a divorce decree that has already been stipulated is a reason to amend the judgment. In that case, the divorce court failed to include a stipulated child support arrearage. Upon appeal, the appeals court clarified that, when there is a known and stipulated arrearage, it must be included in the final judgment, and if it is not, the final judgment can be amended.
In short, when information is missing from the final judgment, the final judgment can often be amended.
Mistake in the Divorce Judgment
You may also be able to appeal a final judgment if there is another type of mistake or error in the judgment made by the judge. For example, if the judgment includes figures that are different from what the court ordered, then you may be able to have the judgment amended.
Judgment Details Based on Fraud
If there was any type of fraud or misrepresentation that occurred during the divorce case, this may be a valid reason to appeal all or part of the judgment, and to seek to have the judgment amended.
However, without being able to prove that there was an error or omission, or that fraud occurred during the initial divorce case, it will likely be difficult to have the judgment amended. For issues such as changes in circumstances — financially, for example, or based on shared parenting time — you will not take steps to amend the divorce judgment itself. Instead, you will take steps to modify an existing agreement. In other words, there is a difference between an appeal and seeking a modification.
Contact a Tampa Divorce Attorney Today for Assistance
Do you want to find out about amending or appealing part of the final judgment in your divorce? Or do you want to modify an existing court order from your divorce? These are complex issues that you should always address with assistance from an experienced Tampa divorce lawyer at The Law Office of Laura A. Olson, P.A. who can help. Do not hesitate to reach out to our firm to learn more about the circumstances under which changes or modifications can be made to a final judgment in a divorce, and what options may be available to you. Contact us today for more information.
Source:
2dca.flcourts.gov/content/download/2448272/opinion/Opinion_2023-2400.pdf
