Category Archives: divorce in florida

Contested divorce in Florida- What to Avoid

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Over my years doing divorces, I have learned which behaviors will lead to high legal fees in a contested divorce in Florida.  Although I’ve numbered them, they are in no particular order.

I’ve also included an explanation as to why these behaviors will not result in the intended outcome.

Behaviors that Make You Pay More

1)  The person who doesn’t want a divorce but their spouse does.  Florida is a no-fault divorce.  This means that if one spouse believes the marriage is over and wants a divorce, they will get it.  Fighting it, especially with a lawyer, will only lead to spending money to delay but will not avoid the divorce.

2)  The person who caught their spouse cheating and wants to use the courts to shame their spouse while going through a divorce, and thinks the spouse’s adultery will let them get a better equitable distribution.  Courts (Judges) are not going to engage in moral judgment, regardless of how they may privately feel about a party. In addition, the equitable distribution statute doesn’t provide for a greater division to the spouse that did not engage in adultery unless an asset (usually money) was spent in the affair.

3)  The person who has been married to a stay-at-home spouse and thinks that spouse should receive little or no assets because they didn’t contribute any hard-money to the marriage.  The spouse who has been a stay-at-home Mom or Dad has worked, although not received pay for that work.  The statutes take this into consideration in a divorce.  So whether they worked outside the home or not, they will receive assets from the marriage.

4)  The person who has put up with a lot, thinking the other spouse will change but doesn’t; then they want the divorce judge to compensate them for having put up with the spouse.  There is no compensation in divorce for “bad” behavior accepted throughout the marriage.  At best, there is just equitable distribution.

5)  The couples who don’t want to set child support even though it is a requirement in divorces with minor children.  The Florida divorce statutes require a court to establish child support.  Moreover, the right to receive child support does not belong to a parent.  So child support will be calculated.

6)  The parent in a divorce with minor children who doesn’t want the other parent to have any contact with the child.  Children have a right to the companionship of both parents when that is in the best interest of the child.  As far as Florida law is concerned, the recent changes to the timesharing statute makes clear that each parents starts out with a presumption of equal timesharing.

Dealing with Emotions in a Contested Divorce in Florida

These situations all involve emotions crashing against the realities of laws providing for a no-fault divorce, timesharing/child support, and equitable distribution.  Many divorce lawyers will be happy to accommodate these positions for a while, although no lawyer will guarantee the desired outcome.

The answer is a cold, hard look at what the law provides, and using a therapist to deal with the emotions brought about by these situations. 

There is nothing wrong with the emotions, but don’t let them make you pay more for a divorce than you have to.

A Better Way to Divorce

You can avoid contested divorce in Florida without giving up any rights.  You can start by educating yourself about your rights with a divorce lawyer. A consultation with a divorce attorney will save you money when you prepare yourself to get the answers to your questions and doubts.  Learning about all the options available for doing your divorce is better than just going into court to litigate.

The path to a peaceful divorce

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If you are facing and dreading a divorce, it’s a good idea to keep in mind that every divorce can be a peaceful divorce.  The only exception would be a divorce in which there is domestic violence or abuse/neglect of children.  By definition a relationship with domestic violence is not even a peaceful or healthy situation, and the divorce process may be a difficult one.

Other people’s experience of divorce 

The divorce experience of people we know tends to shape our ideas as to what to expect in our own divorce.  For example, if you have relatives or friends who have told you about how difficult or combative their divorce was, then their stories can shape your idea of the divorce process.

You and your spouse can choose a different experience, shaped by your individual perspectives and goals.  If you have children, your shared concern for their well-being can shape a different type of divorce –less combative– as you both go your separate ways.

How to have a peaceful divorce

There are steps you can take to work on having a peaceful divorce.  Some are things you may need to do, which have nothing to do with the divorce process in the legal system. 

Others are things you should know about the process of divorce itself.  These include knowing your rights in a divorce and how the process works.  When you have knowledge about your rights in a divorce and how the system works, you have a framework to negotiate.  This knowledge provides you context for you to be able to navigate the system effectively.

Things you can do

Communication with your spouse is by far the most important thing you can address.  I am often contacted by people wanting an uncontested divorce, and yet they have not even discussed divorce with their spouse.

We may dread having the divorce conversation; thinking about it may lead to anxiety. The reality is that in order to have a peaceful divorce, we need to have that conversation, so we need to address the anxiety.  Sometimes, it may even surprise you to learn that your spouse feels the same way.

Other things you can do includes thinking about a good timesharing schedule for the children.  Discuss a timesharing schedule with your spouse that will work for the entire family, helps the children and yourselves.

Gathering paperwork and financial information is important.  This will help in reaching an agreement as to equitable distribution of assets and debt from the marriage.

Things you need to know

You need to know about the real legal process of divorce.  The real process of divorce for you will have nothing to do with what you may have heard from other people.  It’s also not what you see dramatized in movies.

Divorce court is designed to accomplish a very limited purpose: dissolve your marriage.  Part of dissolving your marriage includes making provisions for the well-being of minor children from your marriage, and dividing assets and debt. Divorce court may address alimony issues when either of you may need financial support from the other.

The courts and the Florida divorce laws prefer that you and your spouse reach an agreement as to these things.  When you do, your divorce is an uncontested divorce. The only thing you cannot agree to is to waive child support, if you have minor children of the marriage; some provision for child support must be made.

Your ability to work with your spouse to reach an agreement on everything related to your divorce is the real key to a peaceful divorce.  It is what will unlock a different divorce experience for you than those you may have heard from others.

When you and your spouse can’t reach an agreement, the path in divorce court is litigation.  This includes lots of deadlines to move you along to the ultimate destination: a divorce trial.  This path is the most expensive path, involving hourly attorney’s fees and possibly several hearings.  Of course, this is the path that makes divorce extremely expensive and tends to cause a lot of emotional turmoil for everyone involved.

Your next steps toward a peaceful divorce

Once you know about the things you can do and learn about the real landscape of divorce, you can take steps toward a peaceful divorce by communicating with your spouse.  You can explore options, including getting legal advice.  You can also narrow down the issues on which you and your spouse may not readily agree but can work on to reach an agreement.

I don’t think it’s an exaggeration to say that divorce litigation is not only brutal financially, but also emotionally.  Despite what you may hear from anyone else about “winning” a divorce, there are no winners in divorce litigation.

Conclusion

When facing a divorce, we may not realize that our ideas about divorce being a war may be based on the stories of our friends and family.  There are steps you can take to make yours a peaceful divorce.  These steps include steps you may need to take as well as things you may have to learn about the divorce process and the rights belonging to you, your spouse and your minor children from the marriage, if any.  Communication with your spouse will be important.  Lastly, litigation might be your last option, when all else fails.

For a specific assessment for your individual divorce situation, consider a case assessment session to explore things you can do and learning about your rights in a divorce. You can also call me at 305-710-9419.

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Making Sense of the Florida Divorce Process Before Getting Started

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Are you considering a divorce in Florida and feeling overwhelmed by the process? Don’t worry, you’re not alone. The Florida divorce process is indeed complex and can be confusing for those going through it for the first time. However, with the right information and guidance, navigating this journey can be made easier.

In this article, I will unravel the Florida divorce process and provide you with the essential information you need to know before getting started.

Table of Contents

Whether you are contemplating a contested or uncontested divorce, this article will equip you with the knowledge to make informed decisions and understand your rights throughout the process. I  will outline the steps involved, shed light on common misconceptions, and provide valuable tips to ensure a smoother divorce experience.

Divorce is never easy, but being prepared and having a solid understanding of the Florida divorce process can help alleviate some of the stress.

As you read this article, it’s important that you understand that I am not providing you legal advice—I don’t know anything about your individual circumstances so it is impossible to provide you, the reader, with legal advice.  All I am providing here is information, a bird’s eye view of the process of divorce in Florida.  For specific legal advice, you can contact me or contact a divorce lawyer in your area.

Let’s dive in and empower you during this challenging time.

Divorce laws vary from state to state, and Florida is no exception. Before initiating the divorce process, it’s crucial to understand the legal requirements in Florida.

In Florida, there are two main grounds for divorce: a marriage that is irretrievably broken or mental incapacity of one of the spouses. The majority of divorces in Florida are based on the marriage being irretrievably broken, which means there is no hope of reconciliation. It’s important to note that Florida is a no-fault divorce state, meaning you don’t need to prove fault or wrongdoing to obtain a divorce.

There is no ground for divorce in Florida based on adultery, abandonment of the home or any other ground based on either spouse being at fault.  The marriage is simply broken.

To file for divorce in Florida, either you or your spouse must have been a resident of the state for at least six months before filing. This means living in Florida as your home state, not being a resident for immigration purposes. 

Where to get a divorce in Florida

You can get divorce anywhere in Florida.  However, if your divorce is contested, than the appropriate county to file a divorce is the county where you and your spouse live as husband and wife. 

If you and your spouse are separated but agree to do an uncontested divorce, then you can get divorced anywhere in the State of Florida.

Types of divorce in Florida – contested vs. uncontested

In Florida, divorces can be classified into two main types: contested and uncontested.

A contested divorce occurs when you and your spouse cannot reach an agreement on one or more issues, such as child custody, alimony, or property division. In this case, the court will intervene and make decisions on these matters. Contested divorces are more expensive and take longer.

On the other hand, an uncontested divorce is when you and your spouse are in agreement on all aspects of the divorce, including issues related to children, alimony (if any), and property division. This type of divorce tends to be less time-consuming and less costly compared to a contested divorce.  In some counties, like Miami-Dade, we are doing uncontested divorces without a hearing.

It’s worth noting that even in an uncontested divorce, it may be wise to seek legal advice to ensure that your rights and interests are protected. An attorney can draft the necessary legal documents, and provide guidance to you throughout the process, and complete the process until the entry of the divorce decree.

Steps involved in the divorce process in Florida

The divorce process in Florida typically involves several steps. While the specifics may vary depending on the circumstances of each case, the following outline provides a general overview of a contested divorce:

1. Filing the Petition: The divorce process begins with one spouse filing a petition for dissolution of marriage. This document outlines the grounds for divorce and the relief you are seeking from the Court.

2. Serving the Petition: After filing the petition, the other spouse must be formally served with the divorce papers. This can be done through a process server.

3. Responding to the Petition: The spouse who receives the divorce papers must respond within a specified time frame, usually 20 days. The response can either admit or deny the allegations made in the petition.  Sometimes, the responding party may want to file their own counter-petition for divorce.

4. Discovery: The discovery phase involves gathering information and evidence related to the divorce, such as financial records, property appraisals, and child custody evaluations. This phase may also include depositions and interrogatories.  It is important to know that Florida has rules which require disclosure of some basic documents.  Moreover, each party in a divorce can request additional documents as necessary.

5. Mediation: In many Florida counties, mediation is required before a divorce case can proceed to trial. Mediation is a process where a neutral third party helps the spouses reach a mutually acceptable agreement on issues such as child custody, visitation, and property division.

6. Temporary Orders: During the divorce process, it may be necessary for you or the other party to obtain temporary orders to address immediate concerns, such as child custody, support, and the use of marital assets. These orders remain in effect until the final divorce decree is issued.  To obtain these orders, motions need to be filed and hearings will take place to make decisions if the parties cannot agree.

7. Final Hearing or Trial: If you and your spouse are unable to reach a settlement through mediation, the case will proceed to a final hearing, a trial. The final hearing allows you both to present evidence and to the judge assigned to our case, who will make decisions on contested issues.

8. Finalizing the Divorce: Once all issues have been resolved, either through settlement or a decision from the judge a final judgment of dissolution of marriage is issued. This judgment outlines the terms of the divorce, including child custody, support, alimony, and property division.  If you and your spouse settle at mediation, the final judgment will incorporate the terms of your agreement.

Many of the steps above will not usually necessarily apply to an uncontested divorce. For example, there is no service of process, no discovery, no mediation, no temporary hearings to get temporary orders, and no final hearing (meaning no trial).

Filing for divorce in Florida – documents and fees

To file for divorce in Florida, you will need to file the petition and a financial affidavit.  In addition, there are other documents which are notices to the court of, for example, related cases between the parties, and social security numbers.

In addition to the required documents, you will have to pay a filing fee to the court to open the divorce.  This fee is usually in the range of $407 to $409, and specific to each county.

If you are doing your own divorce, you are responsible for preparing the appropriate documents required for filing your divorce. If you hire a divorce attorney to represent you, your attorney will prepare the required documents, ensure that you comply with other applicable requirements, and file the case.

Serving divorce papers and the response from the other party

Once the divorce petition is filed, your spouse must be served with a copy of the documents as filed.  This ensures that they are aware of the divorce proceedings and have the opportunity to respond.

Serving divorce papers is done through a process server when you know the whereabouts of your spouse.  If you don’t know how to find your spouse, then the process is different and involves a divorce by publication.  Regardless, it’s crucial to follow the proper legal procedures when serving the papers to ensure that they are valid and legally binding.

After being served with the divorce papers, then your spouse must respond within 20 days. The response can either admit or deny the allegations made in the petition. If the response is not filed within the required time frame, the court may proceed with the divorce based on the information provided in the petition.

As with filing the petition, you are responsible for making sure all requirements as to service of process—which is what serving your spouse is called—are met.

Negotiating and settling divorce issues

One of the most challenging aspects of divorce is negotiating and settling the various issues that arise, such as children’s issues, alimony, and property/debt division. These issues can be emotionally charged and require careful consideration.

When it comes to children’s issues, Florida courts focus on the best interests of the child. The court may consider factors such as the child’s age, health, and relationship with each parent before making a decision. It’s important to approach negotiation regarding children’s issues with a focus on the child’s well-being and be willing to compromise to reach a mutually acceptable agreement.

Alimony, also known as spousal support, may be awarded in certain cases where one spouse requires financial support from the other.  Florida alimony laws were recently amended. 

Property division in Florida follows the principle of equitable distribution, which means that marital assets and liabilities should be divided fairly.  Although the division starts out equally, there may be factors which make the court divide assets (and debt) unequally. It’s essential to compile a comprehensive list of marital assets, such as real estate, vehicles, bank accounts, and retirement accounts, and work towards a fair division of these assets.

Mediation and the role of the mediator in the divorce process

Mediation is a crucial step in the Florida divorce process. It is a voluntary process where a neutral third party, known as a mediator, helps the spouses reach a mutually acceptable agreement on issues such as child custody, visitation, alimony, and property division.

The mediator’s role is to facilitate communication between the spouses and help them explore potential solutions to their disputes. The mediator is not a judge and therefore does not make decisions.  Instead, the mediator assists you and your spouse in finding common ground and encourages compromise.

Mediation can be a cost-effective and less adversarial alternative to going to court. It allows the spouses to maintain control over the outcome of their divorce and find solutions that work best for their unique situation. It’s important to approach mediation with an open mind and a willingness to negotiate in good faith.

Going to court – what to expect during divorce hearings

If you and your spouse are unable to reach a settlement through mediation, the case will proceed to trial. Going to court can be a daunting experience, but knowing what to expect can help alleviate some of the anxiety.

During court hearings, both parties will have the opportunity to present their arguments, evidence, and witnesses to support their case. The judge will listen to both sides and make decisions based on the evidence presented and the applicable laws.

It’s important to be prepared for court hearings by having all necessary documents, evidence, and witnesses ready. Neither you nor your spouse may be happy with the ending after a trial.  That’s because a party’s idea of what the outcome should be is rarely the actual outcome they get.  It’s impossible for me to detail what happens in a trial because the issues between the parties dictate what evidence and witnesses need to be presented.  Real-life trials are not like anything you see on TV and movies.

Finalizing the divorce – obtaining the divorce decree and post-divorce considerations

Once all issues have been resolved, either through settlement or court hearings, a final judgment of dissolution of marriage is issued. This judgment outlines the terms of the divorce, including children’s issues, child support, alimony (if any), and property division.

Obtaining the divorce decree is the final step in the divorce process. It signifies the legal end of the marriage and allows both parties to move forward with their lives. It’s important to review the divorce decree carefully to ensure that it accurately reflects the agreements reached or the dictates of the court, and that all necessary provisions are included.

After the divorce is finalized, there are several post-divorce considerations to address. These may include changing your legal name, updating your identification documents, updating beneficiary designations, and revisiting estate planning documents.

It’s also important to take care of your emotional well-being after a divorce. Seeking support from friends, family, or a therapist can be beneficial during this transition period.

What if you can’t find your spouse?

Sometimes couples separate and put off the divorce.  After the separation, one or the other spouse moves away and they lose track of each other.  If you wish to get a divorce but cannot locate your spouse to serve them, you can still get a divorce.  In this case, your divorce will take a bit longer but less than a contested divorce.  A divorce by publication is the process for getting a divorce when you don’t know where to find your spouse. Besides publication, there are additional steps to take before obtaining a divorce decree.

Conclusion

In conclusion, the Florida divorce process can be complex and overwhelming, but with the right information and guidance, you can navigate it successfully. By understanding the legal requirements, types of divorce, steps involved, and key considerations, you will be better equipped to make informed decisions and protect your rights.

Remember, divorce is a challenging time, but being prepared and having a clear understanding of the process can help alleviate some of the stress. Consult with a family law attorney whose practice concentrates on Florida divorce laws to ensure that your interests are protected and to guide you through each step of the process.

If you need help

If you’d like a case assessment session about your divorce situation, please call 305-710-9419; email vivian@viviancrodriguez.com, or complete this form to ask me to call you..

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Online Divorces – What They Are and How to Do Yours

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Online divorces are possible thanks to the courts continuing to adopt technology.  When you understand what a true online divorce is, you can take advantage of the technology for your divorce. The idea is not only to streamline the judicial system, but to better serve those who have to use the system.  As with anything legal, though, online divorces are not just a matter of touch or click options provided.

What are online divorces?

Below you will find examples of situation when an online divorce may be advertised.  What they all have in common is that the divorce is one that is uncontested; that is, there is no litigation.

The definition of an online divorce will depend on what you, the party looking to get a divorce, is looking for.

Examples include the following:

  • Doing your own divorce – If you are looking to do your own divorce, you will find businesses who prepare forms advertising their online divorce services.  Their version of online divorces is one in which they provide you completed documents, and you do the rest, including filing the divorce.
  • Doing your divorce with an attorney but going to court – In this situation, an attorney prepares all your paperwork without you having to go into their office.  On the day of the hearing, you appear in court with the attorney.  This is usually found in Florida counties that do not provide the ability for an uncontested divorce to be done without a hearing.
  • Doing your divorce with an attorney with no court hearing – In this example, all the paperwork is prepared without you going into the attorney’s office and also without having to go to a court hearing.  Several counties in Florida offer this option.

Requirements for an Online Divorce

Online divorces are divorces are all about a “how” to get it done.  It is about the processing of your divorce through the legal system.

An online divorce still has the same requirements as a divorce for which you have to appear in court.  If you have minor children of the marriage, you must still satisfy the requirements of a parenting plan and setting child support.  If you have property and debt of the marriage, you must still divide those during the divorce.  Of course, the Florida residency requirement must also be met; you have to be living in Florida for at least 6 months before filing.

If you and your spouse enter into an agreement, then your divorce is uncontested and a great candidate for an online divorce.  If you have children, you and your spouse agree on a parenting plan and set child support, and also agree as to how to divide property and debt, you also have a divorce that is a great candidate for an online divorce process.

Where to Get an Online Divorce in Florida

Online divorces are not available in all Florida counties.  Sometimes you can get an online divorce in another county, even if your county does not offer that process. To find out if your county offers it, you would have to check with your local family court.

The Biggest Benefit of Online Divorces

Doing your divorce without having to go to court is already a great benefit.  Doing them for a flat fee instead of having to pay hourly fees is even better.  The combination of an online divorce for a flat fee provides you the benefits of less stress, a quicker divorce, a no hourly legal fees.

Conclusion

The bottom line is that online divorces are legitimate if your county divorce court offers it, and you and your spouse want to work together to get it done.   Or if you can get it done in another county in Florida.

If you would like to find out more about our flat-fee Florida online divorces, without a court hearing, regardless of where you live in Florida, visit Florida Divorce Online from Anywhere in Florida.

If you live in Miami-Dade, Broward or Monroe Counties, Florida, and want to find out about our flat-fee online divorce with no court hearing, visit MiamiDivorceOnline.com.

Contested or litigated divorces cannot be done without court hearings.  If you are about to face a contested divorce you can ask for a case assessment session to find out about your rights and what you are facing in your divorce situation.

When to Use a Divorce Lawyer or Mediator

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In a divorce, some couples ask themselves whether they should use a divorce lawyer or mediator.  A divorce lawyer is not the same as a divorce mediator.  Their roles in a divorce are different.  What’s more, a divorce lawyer and a mediator are sometimes present in the same divorce.

Should You Use a Divorce Lawyer or Mediator?

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As with most legal questions, the answer depends on your specific situation, the relationship with your spouse, and what you each want to accomplish. On the one hand, mediation can help you avoid litigation and do an uncontested divorce.  On the other, a divorce lawyer can help you with an uncontested divorce.

Below you will learn the difference between a divorce lawyer and a mediator.  Understanding the difference between them and their role in a divorce, will help you decide which to use.

The Role of a Divorce Lawyer

A divorce lawyer in a divorce represents one party.  Your lawyer can only represent you in your divorce, they cannot also represent your spouse. 

This is true even when you have an uncontested divorce.  If you have an uncontested divorce, your lawyer may represent you and do the divorce documents for an uncontested divorce.  In this case, your spouse may choose not to use a lawyer; but the lawyer doing the documents on your behalf only represents you.

If, for whatever reason, your uncontested divorce becomes contested, your divorce lawyer will represent your interest in the case.  They will take steps to secure your rights to property, and your rights as a parent.  At trial or final hearing of your divorce, your divorce lawyer will only represent you.

The Role of a Divorce Mediator

Divorce mediators are trained as neutral professionals to help you and your spouse communicate with the goal of reaching an agreement in your divorce.  A mediator cannot represent either party. 

In Florida, many divorce mediators are also divorce lawyers.  A mediator is prohibited from providing legal advice during a mediation even if the mediator is also a divorce lawyer.  When you attend mediation, with or without your lawyer, the mediator cannot provide you any legal advice, even if the mediator is also a divorce lawyer.

In Florida litigated divorces in Miami, you and your spouse will be ordered to attend mediation before a trial or final hearing date.  The idea is to provide you and your spouse one last opportunity to reach an agreement to avoid a trial.  Trials are expensive.  Trials also take longer, and can cause delay in getting the time needed on a judge’s calendar.

When to Use a Divorce Lawyer or Mediator

You can use mediation before filing your divorce in court. At this mediation, you can also use a lawyer to represent you or mediate without a lawyer. It’s important to understand that your spouse must also agree to mediate.  If your spouse does not agree to mediate before filing for divorce, then you must file for divorce.  If you reach an agreement, your divorce will be an uncontested divorce, and be resolved much faster than a litigated divorce.

As mentioned above, a judge will order you and your spouse to attend mediation before giving you a trial date in your case.  In this case, if you reach an agreement during mediation, then your divorce will also end as an uncontested divorce.

Conclusion

You can use a divorce lawyer or a mediator depending on your case.  If you and your spouse have an agreement, you can use a divorce lawyer to do an uncontested divorce.  In this case the lawyer will represent you and do the documents with the terms you want.  You can also choose mediation before filing the case in court because you do not have an agreement; but your spouse must also agree to mediate.  Lastly, you can file for divorce with a divorce lawyer if you do not have an agreement, and your spouse does not want to mediate.

As a divorce lawyer, I can provide uncontested divorce services as well as representation in a litigated divorce.  If you would like more information, please call 35-710-9419, or provide your information for me to contact you.

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Divorce Lawyer Online- How to Find Legitimate Legal Help

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Using a divorce lawyer online for your divorce can save time and thousands of dollars in the entire process.  But searching online for a divorce lawyer will also bring up ads that are not from lawyers.  These ads can frequently appear right along with those of legitimate divorce lawyers.

Making sure a divorce lawyer online is a lawyer

Only a licensed divorce lawyer can provide you legal advice for your divorce.

All attorneys in the US need to be licensed.  In Florida, The Florida Bar licenses attorneys.  A person who holds themselves out to you as a lawyer must be licensed by The Florida Bar.  Moreover, practicing law without a license is illegal, but you can still find some people holding themselves out to the public as lawyers in some areas.  For example, immigration is an area where scams are easily found.

If you’re looking for legal advice from anyone online or on the phone, you can always search at The Florida Bar website to see if they are licensed attorneys, before you contact them.

Affordable help for divorce

Florida tries to make legal assistance affordable.  To do this, the law allows for persons who are not lawyer to provide assistance in filling out legal forms, such as divorce forms.  In some counties, like Miami-Dade, for example, the Court has a self-help program where you can get legal forms.  You cannot get legal advice from the self-help staff because they are not lawyers.

Getting help from another source is also possible, so long as you understand that persons who fill out forms are usually not lawyers.  They cannot provide you legal advice.  When they help you fill out any legal form, they must include information that lets you know whether they are lawyers.  If they are not, these forms usually include a paragraph for the non-lawyer to indicate that the name of the person who helped you complete the form and is not a lawyer.  It also requires them to include their name and information.

How to Know if You Need a Divorce Lawyer

There are instances when you can do your own divorce.  There are other instances where you may need the help of someone to prepare divorce forms so you can do your own divorce.

You may need the assistance of a divorce lawyer if you have questions about your divorce circumstances.  These questions may be about property, debt, children, child support, and any number of things that worry you about your circumstances.   The answers to these questions may be provided by Florida divorce laws, which involve legal advice.  Answers to questions that provide legal advice is what lawyers are licensed to do; they have the training in law to provide that advice.

As divorce lawyers online, we are able to offer legal help for divorce more efficiently for clients. Online divorces are also more affordable because technology reduces cost. 

Even courts now use technology, such as the Zoom virtual platform, for hearings. So even family court can be described as family court online.  In contested divorces, we routinely represent parties at hearings using virtual platforms.  Mediation and depositions are also using these virtual platforms.

Conclusion

Online advertisements make it easy for you to get the help you need for an online divorce or just about any other legal assistance.  But you need to make sure you can get the service you need from a trusted source.

If you are interested in doing your divorce online, contact us. 

How We Shape Our Experience When Getting a Divorce

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In searching for information about getting a divorce, the problem you will face is what to make of all the information you’ll find. You will find helpful information, and some that is contradictory. 

It is not helpful, either, to hear more from people describing their divorce as a war, and less from those who have taken a more proactive and positive approach.

The problem is not really about the legal process as such. It is more about your role IN that process if you and your spouse have been discussing getting a divorce.

Getting a Divorce begins With This Simple Fact

The only available grounds for divorce in Florida is that  the marriage is irretrievably broken.  All this means is that the marriage is not working for the person who wants to file for divorce. 

We lawyers will not ask you why you or your spouse want to file for divorce.  A judge in a divorce trial will never ask you why you want a divorce.

The phrase “irretrievably broken” does not assign blame to either spouse in a divorce. Nevertheless, you will find plenty of divorcing couples who choose to litigate as if one or the other of them was at fault when filing for divorce.   

Divorcing couples who choose to litigate keep many a divorce attorney in business, even when we advise on a course that is less litigious.  The alternatives is to work with your spouse on getting it done without litigation, or as little of it as possible given the specific situation.

Alternatives to litigation can help you

Over the years, we have seen the introduction of alternatives to litigation in family law in an effort to reduce litigation, such as mediation and the collaborative process.  These options are available for your divorce even before you file in court, but many people still use litigation as their first option.

The goal is not simply to save money when getting a divorce.  The main goal is to reduce the emotional toll of divorce on the entire family, especially if there are minor children in the marriage.  Long after you have left the courthouse and we lawyers have moved on to other cases, you and your former spouse will have to parent the children, learning to get along and work together.

Where Do You Fit Into the Process?

You, as a party to a divorce, may not realize that you and your spouse are the ones in charge of your divorce from the beginning.  You have the power to get it done in a way that causes the least stress, and does not involve huge sums of money litigating. 

In a Florida divorce, you can agree, litigate, mediate or collaborate.  The process of divorce itself will be as difficult or as easy as you choose to make it.  The choice is yours.

Divorce is often described as an emotionally traumatic event in someone’s life, equal to the death of a loved one. This is true for the spouse who wants a divorce as much as for the other spouse, assuming the other spouse wants to remain married.

Our emotions about the divorce will influence how we get a divorce in terms of choosing litigation or a less difficult and expensive path.  We often don’t think clearly when we are dealing with strong emotions brought about by resistance.  Sometimes, we may not even be aware that this is happening.  It is understandable, then, why we can make our own divorce a difficult one.

But you still have a choice.  Which process you choose will impact you emotionally and  financially  to a lesser or greater extent.

Contact Us to Discuss Your Options for Getting a Divorce

You can also call 305-710-9419 or email me.

divorce with children or paternity case

Litigation in a Divorce with Children or Paternity Case

children and divorce, paternity

Litigation in a divorce with children or paternity case deserves special attention.  I’m not talking about legal strategy; I’m referring to the children involved in these cases.

In litigation, it is easy for the needs of children to get lost in the litigation.  It is important to keep the best interest of the children front and center.  This is not easy to do, given the emotional turmoil that a contested divorce or paternity can evoke in each of the parents.

Prior to the litigation, you and the other parent were part of a team, living under the same roof and making joint decisions for your children.  The only thing that changes in that scenario is that you may not be living under the same roof.  You are still parents and can still be an effective team for the sake of your children.  Of course, this is different if there is child abuse or neglect.

What’s in the best interest of your children?

Not surprisingly, family courts have this question in mind front and center when they have divorces with children or paternity cases to resolve.  It is good for you to keep in mind that the divorce and paternity law and, therefore, family judges, prefer that you and the other parent work together to minimize conflict as it relates to the children and to agree as much as possible when it comes to children’s issues.

It is difficult to provide more than a general roadmap as to what is in the best interest of children.  Your family may have issues relating to a child that other families may not have.  Similarly, no one knows your children and their needs better than you do.  This is why courts prefer that you and the other parent work together for their sake, regardless of what other challenges the divorce or paternity case may have.

What Courts Consider when it comes to Children

No matter how much we family lawyers may counsel clients to work with the other parent as to children’s issue, we sometimes still have to try these issues.

The Courts are guided by factors set out in the applicable statute to help them make decisions as to support of the children, parenting by both parents and timesharing by both parents with the children.

Still, you and your family are better off if you can reach an agreement.  Regardless of whether your case is a divorce with children or a paternity case, you and the other parent should be able to agree on issues that directly affect a child.  Again, no one knows your family –your children—as you do.  These statutes are written to provide you, the parent, with as much discretion as is possible, assuming there are no issues of abuse or neglect.

Steps you can take in a divorce with children or a paternity case

There are a few things you can do for your children while in the middle of litigation:

  • Do not discuss details about the divorce or litigation. 
  • Do not restrict your child’s communication with the other parent
  • Do not use a child as messenger between you and the other parent.
  • Do not speak ill about the other parent to a child; and do not let anyone speak ill of the other parent to the child.

Seek professional help or information if your child is having problems adjusting to the new circumstances. A professional can provide you specific advice according to the child’s age

Take the Online Parenting Course Early

As a parent in a family case with children, you are required to take a parenting class.  The idea behind this class is to stabilize the family as they transition from an intact family into, essentially, two families.  This class provides you information that can be a starting point in helping your children deal with what is happening.

Schedule a Case Assessment Session for your divorce or paternity
the divorce process

How to make the divorce process work for you

divorce in florida

If you’re facing a divorce and are looking for information on the divorce process, your problem will not be lack of information.  On the contrary, you will find a flood of information, some helpful, some contradictory, and lots of shared experiences from those whose divorce have been less than satisfactory.

This entry is not about the legal process as such. It is about your role IN that process if you are getting a divorce.  I hope you find it useful as you approach your divorce.

The divorce process outside of family court

Over the years, divorce has evolved from a fault-based process, where one of the parties had to be “at fault” in causing the divorce, to one where no one is at fault.  The marriage is simply not working.  If you want a divorce in Florida, you simply say that the marriage is irretrievably broken.

Even though the phrase “irretrievably broken” does not assign blame to you or your spouse, there are nevertheless plenty of divorcing couples who choose to litigate.    These couples keep us divorce attorneys in business, even when we advise on a course that is less litigious.  The alternatives is to work on getting it done without much litigation.

Over the years, in an effort to reduce litigation, we have seen mediation and the collaborative process introduced into family law.  You can read about mediation here, and about collaborative law here.

If, initially, you and your spouse cannot work things out directly, then you have mediation and collaboration available.  If you reach an agreement  directly between you and your spouse, or using mediation or collaboration, then your divorce is an uncontested divorce.  Mediation and collaboration can be expensive, but not as expensive as litigation.

Where You Fit Into the Process

You, as a party to a divorce, need to realize that you and your spouse are the ones in charge of your divorce from the start.  Regardless of which process you choose, the process of divorce itself will be as difficult or as easy as you choose to make it.  In a Florida divorce, you can agree, litigate, mediate or collaborate: the choice is still yours.

Divorce is often been described as an emotionally traumatic event in someone’s life, equal to the death of a loved one. In a sense, it is.  Much of our emotions about a divorce are directly related to where we are in terms of acceptance.  We often don’t think clearly when we are dealing with strong emotions brought about by resistance.  It is understandable, then, why we can make our own divorce a difficult one.

But you still have a choice.

What You Can Trust

Whether you choose settlement from the beginning or in the middle of litigation, you have the power to choose.  Or, if you choose mediation or collaboration, you have the power to choose.

This is where a process or framework is helpful, because then you can place your trust in the process itself to help you.  Except for litigation, in settlement negotiations, whether directly or using mediation or collaboration, you have the ultimate power to decide how to make the divorce process work for you.  In litigation, you have very little power; you and your spouse are letting a judge decide for you when you go to trial. .

Your lawyer in any of the three processes is part of your team, keeping you informed as to the process itself and the applicable law; and often providing you a valuable reality check.  But you remain in charge.  The truth is that if either you or your spouse do not want to end it amicable, you won’t, regardless of the different avenues available to you.

Tips for Zoom for Court Appearances in Florida

divorce in florida, miami divorce court

Courts made excellent use of Zoom meetings to conduct virtual court hearings while the buildings were closed due to Covid-19.  I’m sharing tips for Zoom for court appearances which I saw on the website of Florida’s First Judicial Circuit, because many hearings are still being conducted virtually using this technology.

Zoom Tips for Court Appearance

Following these tips will make it easier for other participants to concentrate on what you are saying, and not be distracted by light, clothes, background etc.

  • Dress in a soft solid color (like a black robe for judges). If a tie is worn, use a solid colored tie rather than one with a pattern.
  • When speaking, remember to look directly at the webcam, not at the screen.
  • Position the camera at your eye level or slightly above eye level.
  • Be mindful of what is behind you, choose a solid neutral wall if possible
  • Check the lighting. Light from a window behind you might blind the camera, making you look dark. Light above you in the center of a room might also cast shadows. Ideally, position a lamp, or sit facing a window, where light is directly on your face. Also, be aware that your monitor casts light that can make you look blue.
  • Participants should speak one at a time and pause prior to speaking in case there is any audio/video lag.
  •  Participants should mute themselves when not speaking in order to avoid any potential background noise.

Children & Zoom Virtual Hearings

The above tips from the First Judicial Circuit do not specifically give you pointers on children being present.  Children should not be present at Zoom virtual court hearings.  Particularly in Florida divorce and paternity cases, the presence of a child during a hearing—whether virtual or in person—is not generally allowed.  Judges do not allow children in family proceedings unless the judge has previously approved it for a particularly purpose.

Besides this prohibition, the presence of children during a virtual hearing will be distracting to participants.  You should make arrangements for someone to take care of the children while you attend the hearing.

Testing Your Zoom Connection and Setup

I didn’t even know that you could do this, but yes…you can.  You can test your connection and setup by testing your connection with a ZOOM test meeting at https://zoom.us/test.  It’s easy to do this test since all you need to do, after clicking on the link, is follow the instructions on your screen. You will not be participating in any meeting; it’s simply a testing setup.

For my clients who have never used Zoom, I run a practice session on Zoom.  This lets them become acquainted with using the technology before we actually have to appear at a virtual hearing.

What Device to Use for Your Hearing

I know most people cannot live without their smartphone. The thing is that for virtual court hearings they may not be very good because they are too small.

During your virtual court hearing, you may be shown documents and asked questions about them. Using a smartphone, with a small screen, it may be difficult for you to actually see the document. Even if you can zoom in and out on your screen, you may accidentally touch something else that may cause you to drop the connection to the virtual hearing. Moreover, mobile connections are inherently more unstable than broadband connection. (You don’t want to be that guy asking “Can you hear me now?” or “Can you see me now?”).

I think that laptops are a better choice, or maybe even tablets. I would say desktops as well, but I find that few people have them nowadays.

Parties save money and time using Zoom. If you have to appear at a hearing in a case, you do not have to take off the entire day from work, nor travel to a court building to wait for the case to be called before the judge. If you have an attorney, you save on attorney’s fees because the attorney is not also spending time sitting next to you in court waiting for the case to be called, which you also would pay for.

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