Florida Divorce Laws Change July 1

Florida divorce law no longer includes custody and primary residential parent. On October 1, 2008, Florida law dramatically changes with respect to children and divorce. There is no "primary residential parent" anymore. Every family must now write a parenting plan that contains all the child-related terms. If you do not write your own, the judge will do it for you. DIY has written about parenting plans in the past. Now parenting plans will be mandatory in Florida. DIY Divorce now offers a customizable Florida Parenting Plan that meets the requirements of the new October 1, 2008 law changes.

Other changes took effect on July 1st. It is now possible to have the court order a partial equitable distribution when the situation warrants it. There is no more "special equity" in Florida. And, like real property, there is now a gift presumption for personal property.

Probably one of the most important change is that court fees increased. The filing fee for the petition increased about $50. There is now a filing fee for counter-petitions and you must pay $10 to have a summons issued.

Florida Divorce: Practicing Law & Online Services

We the People is a franchise that provides forms and help in legal matters including wills, divorces, bankruptcy and other areas of law.

The Ohio State Bar found that We The People was practicing law without a license because they advised people about how to complete forms for filing a personal bankruptcy, probate applications, and gave advice about how to complete the forms and what answers to put down. They were ordered to stop the unauthorized practice of law and fined $10,00 per violation.

We have written before about online form services and paralegal practices. Do not fall victim to these services. DIY Divorce teaches you what the law is. Once you know the legal principles, you can apply them to your facts. Do it yourself and do it right. DIY Divorce teaches YOU Florida divorce law.

File An Answer in Your Florida Divorce!

When the divorce petition arrives do not ignore it. Sometimes people just do not want to deal with the situation and put the petition aside.

You have 20 days after you are served to file an Answer (and Counter-Petition, if you want). If you do not file an answer on time, the court can enter a "default judgment."

Once a default is entered, you may be prohibited from presenting your side of the case unless you file a motion to set aside the default. If that happens, the relief requested in the Petition is likely to be granted. Pay attention to the deadline and file an Answer in your Florida divorce.

Florida divorce: Petition, Answer, and then....

You filed you divorce petition and the other side filed an answer. Now what happens?

The middle phase of a divorce case is called "discovery." This is the time when you can "discover" information from the other side by asking questions (interrogatories), requesting documents or inspections or examinations, taking depositions or requesting the other side admit or deny certain facts. These discovery methods help you prove your case if there is disagreement between you and your soon-to-be-ex.

This middle phase helps you get ready for mediation, and then trial. It is your opportunity to get the information you need to prove your Florida divorce case.