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Handling your divorce in florida by yourself

how to file for divorce without an attorney

File for Divorce in Florida pro se

Filing for divorce is commonly depicted as a long legal issue with lawyers for both sides battling in the courts. Nonetheless, divorces can be carried out without hiring attorneys as long as both parties are able in agreement or there is no assets to split.

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The clerk s office cannot provide legal advice but may provide additional forms, terms and the clerk may notarize the documents for an additional fee.

Before you file for a regular dissolution of marriage make sure your marriage is irretrievable broken. There are two types of properties and financial obligations for a divorce in Florida— nonmarital and marital. Typically, any type of asset or financial debt acquired during the marital relationship is taken into consideration marital and based on distribution. The parties also may have properties or financial debts that are taken into consideration nonmarital as well as need to be awarded to just one party. If there is no way to fix your relationship your marriage is irretrievably broken.

Filing for Divorce in Florida without an Attorney

Hiring a divorce lawyer is always an option and should be considered seriously. In this article we are not recommending you not to hire an attorney but we want you to know that you have options if you are filing for divorce in Florida.

Hiring an attorney has many benefits which we are going through some of them below.

Why File for Divorce By Yourself

Many people do not know that a divorce is 99% paper. Even if the case goes to trial the amount of time spent on paperwork is much larger than the time doing anything else related.

In most attorney offices a paralegal takes care of the paperwork. While in Florida paralegals can’t work by themselves (and if they do they can’t tell you they are paralegals), it is legal for non-attorneys to assist you with your divorce process.

What is a non-attorney

A non-attorney AKA document preparer does not need any licenses or certificates in the State of Florida to offer their services however there are requirements they need to follow. One of the most important rules is that they do not provide legal advice. That will violate the Unauthorized Practice of Law rules and can get the document preparer in a lot of trouble with the BAR association.

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Another rule is that they add their name, company name, address and phone number to the bottom of every Florida issued document they complete.

More online divorce preparation companies are popping up from out of State which are not familiar with these rules but it’s up to the consumer to understand the difference.

hiring a document preparer

Taking care of your divorce paperwork by yourself

Like we said above, a divorce in Florida is 99% documents. You can literally walk inside your local courthouse and purchase a packet of forms and go at it.

PRO’s – You will save a lot of money

CON’s – You will get a packet of forms where most likely you won’t need 40% of the forms however you won’t know which ones you need. Most likely you will feel overwhelmed and put the forms on top of your dining table for a long time because you won’t know how to fill them out. Also, if you are low income most likely the court did not give you the form to get the court filing fee waived!

Filing for Divorce with a Document Preparer

This is an excellent option available in Florida that will save you money but will lower the sense of overwhelm if you hire the right non-attorney for you.

PRO’s – Save TIME and MONEY. Working with a professional based in Florida should help you feel less anxious and should let the case move smoothly.

CON’s – Cannot provide legal advice.

Hiring an Attorney to File Your Divorce

There is no doubt that hiring a divorce lawyer is a great investment, especially if you have issues with asssets and parental responsibilities with children.

PRO’s – An attorney represents their clients in court and provides expert guidance which may be pivotal to getting what you deserve out of the divorce and children custody, visitation, child support and alimony.

CON’s – You may find their fees to be on the expensive side.

In Summary

This page explains the options available if you want to file for divorce in Florida. Do not let high attorney fees to discourage you from moving forwards or the overwhelm of purchasing a divorce packet from the courthouse. Contact a few companies and follow your intuition when it comes to making a decision.

Self-help Divorce – Florida Courts – An Overview

Considering that lawyers bill you hourly, they’re going to keep going and going because it’s not in their monetary interest to settle. The longer they fight, the more you pay. Attorneys are often overextended, juggling lots of cases at the very same time. You might not be a priority and your divorce procedures may drag out longer than needed.

When dealing with household law attorneys, Florida  couples will not only be at the grace of their availability however need to you go to trial, the court calendar, too. So you could be awaiting months to get a court date, even if you and your attorneys are prepared. As soon as again, dragging the procedure our for a lot longer than is essential.

Rather of choosing one that’s been raised upon you by your legal representatives or a family law judge. In other words, you’ll remain in complete control of your settlement agreement. Great divorce document preparers (also known as non-attorneys)  will provide you a flat-fee service so you’ll understand up front what services are consisted of and exactly what your divorce will cost.

Document Preparation Services

High quality non-attorneys restrict the number of couples they handle at the same time so you are a top priority. They recognize that moving you through the procedure effectively, but at a speed you’re comfy with is important to both your settlement result, and overall wellness. Because document preparers work mostly online you don’t have to wait to make an appointment to get the process started.

The spouse desiring to end the marital relationship will more than likely have no option however to hire the document preparer who will take care of the typing of the documents, file with the courts, serve the other partner with divorce papers and down the path to getting the marriage dissolved you’ll both go. While it takes just one paper to get married, it takes many documents to apply for a divorce.

Filing For Divorce – Filing Without an Attorney – John Mhafla’s Family Law Blawg

It merely ends up being a matter of how you will get divorced and how much money, time and distress you will spend to get it. If you hire a divorce attorney or a document preparer is going to ask each of you to collect a series of financial files and finish a number of jobs. Permitting you to take part in what we frequently describe as a transparent, “good-faith” settlement which includes a financial affidavit.

Frequently Asked Questions

I am in this country illegally. Can I still get a divorce in Florida?

Yes you can. Depending on your divorce you may qualify for a no-court hearing divorce. Request your quote above to see if you qualify.

We got married in another State/Country. Can we still get divorced in Florida?

As long as either one of you have lived in the State of Florida for the last 6 months, we can help you.

Are you an attorney?

 

No we are not an attorney or paralegals. In the State of Florida paralegals are not allowed to work directly with the public and if we were paralegals we cannot share that fact. We are more like your for-hire divorce secretary.

Does someone in the office speaks Spanish?

Si!

Do I need to sign the documents in front of a notary?

Yes you do. The State of Florida has remote notaries. Our in-house notary is certified as a remote notary.

Are you based in Florida?

Yes we are. 

Can I file for divorce in Florida if my ex lives in a different state?

Yes as long as you have lived in Florida more than 6 consecutive months. If you have children together the children should also live in Florida the majority of the last 5 years in most cases.

I can’t find my ex, can I still get a divorced?

Yes you can. It’s a process that uses a Notice of Action which requires proof that your ex can’t be found and a publication is isued in a local newspapers for 30 days. It’s a divorce with multiple steps which need to be done in certain order. For more information request a quote and you will receive an email with the process explained. We call it a divorce by publication and it’s more common than people know.

How do I prove to the court that I have lived in Florida more than 6 months?

The court requires a Florida driver’s license however if you do not have one there is a form called “affidavit of witness” that someone that does have a Florida driver’s license older than 6 months, can notarize on your behalf. We provide the form for our clients when needed.

How much does it cost to file for divorce in Florida?

Our fee varies based on the process that you need. Click here to get a no commitment quote emailed to you.

How Should I Choose a Divorce Preparation Service or Divorce Attorney?

1 – make sure they are based in Florida.
There are many companies that are not based in Florida offering Florida divorce documents that are available for free in flcourts.org this is ok however every county in Florida is different and may have additional forms required.
These companies will not figure out what is missing and how to fill it out. We are based in Florida and have worked with most counties.
If there is anything else required we will figure out what that is and prepare the form.

2 – are they going to help you file the forms with the court?
Another issue is that many other companies do not help you file the forms in the court. Their fee may be lower than ours however they do 1/2 the work.

3 – what if something changes?
Many divorce preparation companies do not do divorce by summons or missing spouse divorces. Our office can help you no matter the process your divorce needs. If there are changes to the process such as it was going to be in mutual agreement but your ex refuses to sign and now it he/she needs to get served with a summons. We take care of the changes required with no additional fees.

4 – do they charge monthly fees?
It is our understanding that some companies are charging a monthly fee if you don’t get your documents finalized within a few months. We do not charge any monthly fees. You can take your time with us. If you decide to reconcile you can always come back if the relationship doesn’t work.

5 – do they add their information to the bottom of the divorce forms?
As non-lawyers any document preparer MUST add their complete information to the disclosure in the bottom of the forms. We have seen many forms from other companies without their information added and that’s a big concern.

 

Disclaimer

We are not attorneys. Our role is to prepare documents under your direction. Nothing on this page or in our website is to be considered to be legal advice. Please talk to a Florida divorce lawyer before making any decisions.