DIY Divorce Blog Moves

DIY Divorce in Florida Blog Moved!

It's official. DIY Divorce blog has moved. All new posts will only be on the new blog. You can visit the new blog for constantly-updated free information to you help you represent yourself in a Florida divorce or other family law case.

If you want to have a successful do-it-yourself divorce, check out my free Special Report. Just sign up over in the right column and I'll send it to your inbox right away.

I also offer a complete Step-by-Step Guide to Florida DIY Divorce - The Florida Divorce Professor's Crash Course on Divorce Law & Procedure.

You don't have to struggle alone. Let the Florida Divorce Professor help you.

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.

Florida Divorce: Alimony

Divorce cases generate many questions about alimony. Today we talk about the types of alimony available in Florida. Alimony is based primarily on the receiving spouse’s need and the paying spouse’s ability to pay.

Temporary Alimony is payable while the divorce case pending. This type of alimony cannot be waived, even in a prenuptial agreement because it is based on the legal duty to support your spouse. It ends at final judgment.1

At final judgment, there are three possible types of alimony in the law.

Permanent Alimony is what we traditionally think of when we hear the word “alimony.” It is paid as long the receiving former spouse is alive and remains unmarried. If the receiving spouse moves into a “supportive relationship,” Florida law now permits permanent alimony to be modified or changed. If the paying spouse dies first, his or her estate has to continue to pay.

Rehabilitative Alimony is paid while the receiving spouse gets education or training that will allow him/her to be self-supporting. To be eligible for rehabilitative alimony, there must be a specific plan for the education.

Lump Sum Alimony is awarded, but not often. This is payment of a specific amount, in either one payment or payments over time. Once ordered, the whole amount becomes the property of the receiving spouse. This alimony cannot be modified.

In some areas of the state, judges have created a fourth type of alimony called “bridge the gap,” meant to ease the transition to single life when there is no rehabilitative plan. This is another type that cannot be changed once ordered.

DIY Courses Begin

The DIY Divorce Tele Classes begin Monday with the free Tele Test Drive Class on Basic Florida Divorce Law. The Tele Test Drive lets you check out how our virtual classroom works and the kind of information and material you can expect in the DIY Divorce courses.

If you are interested in the June class, sign up now. space is limited. You can learn more about the courses and virtual classroom on our website.

Florida Divorce: Frequently Asked Questions

Can I stop a no-fault divorce?

If one of the spouses believes that the marriage is “irretrievably broken,” the divorce will very likely be granted. The “no fault” law makes it extremely difficult to stop a divorce.

Can I date while separated?

Until the Final Judgment is signed by the judge, you are still married. Regardless of what this means to you, it is important not to introduce your dating partners to your children until you have established a relationship you believe is serious.

How long does it take to get a divorce?

Once all the required documents have been filed by both of you, your case is ready for final hearing. The scheduling of that hearing depends on your area. Expect the whole process to take a minimum of two months.

Can we use the same lawyer to save money?

The Rules Regulating the Florida Bar prohibit an attorney from representing more than one party in a case. Even if you both agree, the attorney can only represent one of you in a divorce case.

Florida Divorce - Meeting Your Responsibilities

Representing yourself in a divorce means that you need to study the law, rules of procedure and your local court's administrative orders. These resources are all available online in Florida.

The laws you will need to become familiar with include Chapters 44, 48 and 61 of the Florida Statutes. Chapter 44 covers mediation rules. Chapter 48 covers service of process and the court's jurisdiction. Chapter 61 is the actual divorce law and includes custody and child support.

You will also need to know the rules of procedure. The Florida Family Rules and Procedure (Fla. Fam. L.R.P.) outline the divorce procedure requirements. Some of the family rules refer back to the Florida Civil Rules of Procedure, so you will need access to the civil rules as well. Both the statutes and the procedural rules are contained in our link section.

Finally, you should review the local administrative rules. Each court seems to have some local procedural requirements outlined in the administrative rules. For example, in the 6th Circuit there are special local forms you need to file your case. Many times, the model visitation schedule for your area is contained in an administrative order. So be sure to search your court's website so that you can represent yourself in your Florida divorce.

Representing Yourself in Divorce - Your Responsibilities

Representing yourself in your divorce case is called “pro se.” Legal dictionaries define "pro se" as someone who represents them self in a legal procedure without an attorney.

You have the right to represent yourself in court, however, you must understand that choosing to represent yourself means the court will expect you to follow the same rules and procedures that an attorney must follow. You will need to study Florida law and procedures.

The judge in your case must remain impartial and cannot do anything to give any appearance of being partial to either side. This includes giving legal advice and having contact with either party without the other being present. When you go into court, the judge may give you information about what may be wrong with the papers you filed. Listen carefully.

Court staff can only assist you with procedures. Procedural information includes such matters as where to obtain forms for some procedures, how to file a petition, answer requirements, service requirements on common procedures, how to get a default, how to file a motion, how to get a hearing, etc.

Very often there is a fine line between procedural information and legal advice. Staff cannot give legal advice. Basically, questions are taken on an individual basis and a judgment is made about whether or not the question involves giving legal advice. If you are told that your question is legal advice, just accept that it is and don't continue to question court employees to help you when they cannot.

Filling out forms is definitely considered legal advice. You will need to seek an attorney’s assistance or learn some Florida law if you have any questions regarding "what to put in the blanks." The DIY Divorce courses are designed to help you learn Florida divorce law. Use the box on the left to sign up now for a free Tele-Test Drive.

Avoid These 4 Mistakes in Your Florida Divorce

Florida divorce procedures can be like navigating a maze at a time when you're already feeling confused. If you are representing yourself in a Florida divorce, avoid these four common mistakes.

• Asking your friends for legal advice. Unless you are friends with a Florida divorce attorney, avoid asking them for legal advice. You will get different advice and end up taking a poll. It will make you crazy. If you are representing yourself, get expert advice when you need it, but to do this right, you need to learn about Florida divorce law.

• Incomplete Financial Affidavit. This is the most important document of your case if you have any property, debt or children. Take the time to get accurate information. Use at the past 12 months of household bills. Call the companies if you don’t have the information. Get current values for all accounts at the date of filing the petition for dissolution of marriage.

• Not customizing the Florida divorce forms. Your case is unique. The official online forms do not always permit you to add sufficient information to get what you want. If you want to ask that property be sold over your spouse’s objection, you need to include all the requirements for a partition action. The form permits only 5 additional lines of information for “other relief.” This is not enough space to meet the requirements for the relief you want in your Florida divorce.

• Not Seeking Expert Help. There are times when it just makes sense to get some expert help with your case. If you have complicated or unique finances, you may need an accountant. If you have complicated property issues or non-marital assets, you may want to talk to an attorney about legal treatment of the property or to an accountant about valuation issues. There are just times when it makes sense to seek expert advice in your Florida divorce.

Florida Divorce: Answers & Counter-Petitions

Answering the divorce petition is an important step in your DIY divorce. The purpose of the Answer document is to admit or deny what has been said in the petition. For each paragraph, your answer needs to indicate whether you "admit" or "deny" what is contained in that paragraph.

If you want to file a counter-petition, you must do it at the same time you file the Answer. A counter-petition is the Respondent's request that the divorce be granted and that the court order certain relief.

Why file a counter-petition? If you want the court to order specific things not requested in your spouse's petition, you may want to file a counter-petition. In a previous post we talked about the situations in which you need to make specific allegations in a divorce petition. If any of those situations apply to your case, you may want to file a counter-petition. If you definitely want the divorce and are worried that the petitioning spouse may not complete the divorce, you should file a counter-petition so that you can complete your divorce petition.

Kids & the Importance of Calendars

When involved in a contested custody case, you should keep a calendar of all significant events. Take the time to make a note of things like how often the other parent has the kids, when support payments are made, when important discussions are had with your soon-to-be-ex.

Sometimes these calendar notes can help determine the proper amount of child support. Most of the model schedules in use in Florida provide for almost 40% of time with the non-custodial parent. Since the law allows an adjustment for significant timesharing, child support is often reduced. If the non-custodial parent does not actually exercise the time allotted in the schedule, child support may need to be adjusted. Before you can adjust child support, you will need to know the exact number of days actually used by the non-custodial parent. A calendar makes this calculation far easier than trying to reconstruct missed visits many months down the road.

Similarly, a calendar can help document late pick ups and drop offs, refusals to cooperate, chronic late payments and other inappropriate actions of the other parent. If you are having any dispute with your soon-to-be-ex, try using a calendar to keep track of events. You should also be aware that your calendar can be subpoenaed by the other side, so you may want to use a separate calendar for your divorce disputes.

Guardians Ad Litem

Guardians ad litem are sometimes appointed in contested custody cases. With all the news coverage of the Texas polygamists, guardians ad litem have been in the news alot of the past few weeks. Just what is a guardian ad litem?

GALs are appointed by the court to represent the best interest of the child. GALs are required in child abuse cases in Florida. Each judicial circuit has a GAL program that trains volunteers to serve in the program.

In divorces, a GAL is appointed when one of the parties requests it by filing a motion and the court enters an order of appointment. GALs in divorce cases are usually attorneys in Florida.

Judges typically give the GAL recommendations great weight. You need to think about whether a GAL appointment would be helpful in your case. You should also speak with the proposed GALs prior to appointment because you and your child will be working with the GAL throughout the case.

Florda Divorce: The Statistics

Florida divorce statistics continue to show about 90,000 divorce cases filed per year. For the first six months of 2007 (latest available numbers) there were just over 48,000 dissolution cases filed in Florida. This number is slightly lower than the same period in 2006.

The National Center for Health Statistics also follows marriage and divorce statistics. Their latest national numbers (2005) show that there were over 2.2 million marriages and a national divorce rate of 3.6 per 1,000 people - the lowest rate since 1970. Nevada had the highest divorce rate at 6.4.

The overall Florida divorce rate continues to fall from its high of 6.9 in 1990. Strangely, the highest divorce rates in Florida seem centered in Broward County. Pompano, Lauderhill, Hallandale, Hollywood, Davie, Ft. Lauderdale and Deerfield Beach all have divorce rates over 12%.