Couples wanting to get a divorce often wonder whether they need a lawyer for their Florida divorce paperwork, or whether they can do it on their own. The answer to the question will usually depend on whether your divorce is one that is uncontested or contested.

You may be aware that an uncontested divorce is one in which you and your spouse are in agreement on everything pertaining to your divorce. For uncontested divorces you may be able to do your own divorce paperwork. On the other hand, in contested or litigation divorces–where you and your spouse do not agree on one or more issues–it may be more difficult for you and your spouse to do the paperwork.

Florida Divorce Paperwork for Uncontested Divorce

What makes a divorce an uncontested one is that you and your spouse agree. This means that:

• If you have no property, debt or children of the marriage, you agree to get a divorce. In this case, the agreement is to get a divorce. This will do away you or your spouse having to serve the divorce papers on the other. It has nothing to do with “consent” to a divorce. Florida is a no-fault state, which means that the consent of the other party to a divorce is not required.
• If you have property and debt acquired during the marriage, but no children, and you agree how these these property and debt will be divided, then your divorce is an uncontested divorce.
• If you have minor children of the marriage, and you and your spouse agree on time-sharing, and understand that the court must establish a child support obligation, then you can have an uncontested divorce. In this situation, if you want a divorce without setting a child support amount, your divorce will not be uncontested. The courts in Florida re required to set a child support amount.

In all of the above instances, it is possible for you to do your own paperwork for your divorce.  You will, however, have to dedicate time to it. Time to gather the proper forms, complete them, file the case, and follow through with the process in the judicial system.

Realize that representing yourself in a Florida divorce court throughout your divorce will require some effort on your part. It isn’t just a question of filling out and filing the divorce paperwork—you need to be attentive to your case while it’s pending in court.

Florida Family Forms for your Divorce Paperwork

Florida provides you with the Florida Family Law Forms. They are intended to help you do your own divorce, if you choose to or if you feel you can’t afford a divorce attorney.

The main problem with the Family Forms is choosing the correct forms for your divorce. Each forms has its own instructions. But actually reading through all of the forms can be challenge in terms of time for you to choose the right ones for you. Still, if you persevere and are motivated to see the process through, you can do it yourself using the forms.

Some counties have self-help centers. These can give or sell you the forms you may need. They can also orient you as to the process within their divorce court. On the other hand, you need to know that the staff at these centers are not lawyers, and they are prohibited from giving any advice that might be considered legal advice.

Florida Divorce Paperwork for Contested Divorce

If you and your spouse have a disagreement on anything concerning your divorce, you face a greater hurdle to doing your own paperwork and to participate without hiring a lawyer.

This is the divorce scenario were you are most likely to have to hire a lawyer. It doesn’t matter what the disagreement is about. What matters is that there is a disagreement.

Contested divorces bring in the Florida Family Law Rules of Procedure. These rules have deadlines and many provisions about how to go about getting things done in the case.

Aside from those rules, there are the local rules of the court where your divorce is filed.

While you can represent yourself in your own divorce, it can become a difficult task. You will need to do more research than just researching the applicable Florida Family Forms. When you represent yourself, the court has to treat you the same way they would treat a reasonably competent attorney, and comply with the Rules mentioned above.

Conclusion

Florida has the family forms to help you do your own divorce, without having to hire a lawyer. You have a greater chance of success if your divorce is uncontested. Even then, you must be willing to do the legwork to find the correct forms, file the case and be attentive to the process while it is pending in court.

Contested divorces are harder. Your likelihood of navigating the litigation in court is will depend on whether you will be willing to do the research on the Family Law Rules, the local rules, and dedicate time to the process.

If you’re divorce is uncontested but you still want the assistance of a divorce lawyer, find out about my flat fee divorce legal service. If your divorce is contested, find out about my case assessment session to get more information about what you may be facing.

You can also call me at 305-710-9419. If you reach my voicemail, please leave a message; I answer all calls within one (1) business day.