Category Archives: divorce in florida

What is the best timesharing schedule in divorce?

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One of the most frequent questions parents have is about what is the best timesharing schedule in divorce or paternity.  Alternatively, they also want to know what is the timesharing or visitation schedule preferred by family court? 

Sometimes, parents are confused in referring to timesharing as “visitation.”  The term visitation is what was used prior to 2008 when the divorce statutes where amended to do away with designating one parent as the “primary” residential parent, with the other parent having visitation with the children.

When do you need a timesharing schedule?

Timesharing schedules are necessary in divorces with children or in paternity actions.  For the rest of this entry, I refer to timesharing in a divorce, but keep in mind that these provisions would apply to you if yours is a paternity case and not a divorce with children.   A timesharing schedule is essentially mandatory in these cases even if you and the other parent get along fine and there is no disagreement as to how much time—or when—each parent will be spending time with children.

Aside from safeguarding your time with your child in the future, timesharing is part of the child support guidelines.  Timesharing is used to calculate child support, together with both parents’ income.

“Standard” Time-Sharing in Florida

There is no standard timesharing in Florida as such.  All else being equal, the best timesharing you can get is fifty percent of the time with a child.  This assumes that both you and the other parent are equally able to take care of the child when the child is with either of you.  It also assumes that there are no issues of neglect by one parent or the other, and that both parents can schedule around the child’s needs.

The guiding rule is what timesharing will be in the best interest of your children.  If you and the other parent cannot agree on what timesharing schedule will be best for your children, then the statutes provide a set of factors for the court to consider in establishing a timesharing schedule that it will deem in your children’s best interest.

As a result, the best timesharing schedule is the one that works for your family: you, the other parent and, of course, the children.

If you and the other parent are able to agree on a timesharing agreement, the court must approve it.  This is true whether it is a timesharing plan in a divorce or in a paternity case.  Courts and the divorce statutes pertaining to timesharing prefer that you and the other parent enter into an agreement.  Generally, the courts approve the plans, but it is not a guarantee and they always have discretion to reject or modify it.

Please note that it is a myth that the Florida divorce laws give preference to the mother when it comes to timesharing.  This is simply not true. Changes to the timesharing statute now presumes that equal timesharing is in the best interest of the children.

Getting a timesharing schedule together

Depending on whether you and your spouse are able to communicate while contemplating divorce, a good first step is to discuss some preliminary schedules considering your respective work schedules and the children’s schedule.

Once that is in place, it is a lot easier to do a parenting plan as required by law.

If you and your spouse have children and you want to do an uncontested divorce, this service might work for you.  For paternity cases, you can read more on this page or call me at 305-710-9419.

children and divorce

Children and Divorce: How to help your child deal with divorce

children and divorce

If you are like most parents about to get a divorce, you probably want to know how to help your child deal with divorce before you begin the process of divorce.

It’s normal for any child going through a divorce to experience some emotional pain.  These can include feelings of loss, sadness, frustration and possibly abandonment or rejection. As a parent, there are steps you can take to help your child through this difficult time in their life. There are steps you can take to protect them as much as possible from the divorce process itself, as well as the changes that will occur, both now and in the future.

Your initiative can help your children get through the divorce with as little difficulty as possible. Although both parents working together on this goal can make it even easier for the children, there is plenty you can do on your own.

Show Them the Love

Children in a divorce need even more love from parents than they did prior to the divorce. This means frequently telling your children that you love them, think of them often, and will always be there for them. It also means spending some extra one-on-one time with your kids and encouraging them to talk about their concerns or fears if you notice that they seem preoccupied or sad.

Support Them and Make Them Feel Secure

In addition to feeling loved, kids need to feel that they are supported, secure and safe during the divorce.

Often children feel very insecure about their relationship with one or both of the parents.  They may feel that the parent that moves out of the house has rejected them.  If possible, engage the other parent in having a sit-down with you and the children to explain that both parents will still be very involved in their lives.

Talk to the children about the divorce—not the details of your relationship breakup, but about divorce in very general terms.  Children do not need a blow-by-blow of who did what to “cause” the breakup.

It is important to show children your support and commitment to them by being there, and following through on any plans or events you have made with them.

Children may also sense when there are financial worries, especially if money is an issue in the divorce or in the disagreements leading up to the divorce. Assure your children that you have this under control. Children should not feel concern over financial affairs; they need to know that Mom and Dad have this handled.

Avoid Exposing Them to Conflict

Kids should never be exposed to fighting, negative comments about the other parent, or conflict between parents. They need to see that you and the other parent still can work together to be good parents.

High-conflict situations need special attention if you are to make your child feel more secure.  If you have a high-conflict situation, try exchanging the children at a neutral spot like a supermarket or store parking lot, or at a fire station.  It is critical that children not be exposed to the stress and anxiety of parental conflict.

Engage Extended Family

You should take steps to engage your extended families to make sure that they are following the same expectations for providing love, support, and only positive comments. Make sure your extended family understands that it is not ok to speak negatively about the other parent.

If your child feels comfortable talking to other family members about the divorce, you can encourage them to do so.

Set Routines and Schedules

From the beginning, or as soon as possible, set a schedule for children to spend time with both parents. Sticking to the schedule as much as possible allows the children to plan for times with both parents, and to feel a part of both parents’ lives.

Be Consistent

Try to set similar expectations for chores, discipline and daily routines in both Mom’s house and Dad’s house. This is particularly important if you have younger children, as they will adjust to spending time in both homes much quicker if they are consistent.

In addition, being consistent generally provides support for all the other steps you take to make the experience less jarring for the child, helping them feel secure in their day-to-day life.

The above steps provide you a starting point for you to help your child as the divorce unfolds.  You can look for additional help online and through child therapists for children who may need additional help in dealing with the changes brought about by a divorce.  Being alert or sensitive to your child’s emotional state can allow you to help them sooner.

If You Can, Try to do an Uncontested Divorce

lastly, the form of divorce process you choose can go a long way to helping your children. A divorce with litigation usually create acrimony between the parties, which can be senses by the children. To the extent that you and your spouse make an effort to do an amicable, or uncontested divorce, your children will benefit greatly from the minimal conflict of uncontested divorces.

Some Good Things Coming Out of Covid-19 & Update on Divorce Court Proceedings

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While most of what we are seeing in the news is about the negative impact of Covid-19 on our daily lives, there are areas that are also improving.  This is fortunate for us because it provides us a safe harbor to bring a certain normalcy back into our lives, however each of us defines that. It also shows us there is a lot we can still control.

Strengthen/Maintain Family & Friendship Ties

Many of us understand at a deep level the importance of maintaining our family ties.  But we also know that demands on our time from work, children’s extracurricular activities, and an assortment of interesting activities or opportunities can sometimes make it difficult to deepen those ties.  One thing is to absentmindedly interact with our families as we rush in from work, hurrying to make the family dinner or help a child with their schoolwork. Quite another is to be already home, if you are fortunate to work from home; or to have the children already home, if you don’t.  Both situations afford us the opportunity to slow down, as there are no other activities available to rush to next at the end of your day..

Personally, I’m enjoying more time with my brother and his family who live further away from me.  Because my elderly parents and I fall into an at-risk category, we have been able to have regular family events, which include my brother and his family.  We all limit where we go and with whom we come into contact outside this group, and always wear masks.

Finding new ways to spend this family time together or rediscovering old ones can also lead us to getting even closer to our family, beyond the routine things we used to do together.  We can resurrect old games like doing puzzles together, sharing simple cooking tasks with our children; and (at least in Florida, every day), the old past time of I Spy in the Sky (cloud gazing).  None of these activities involves fancy gadgets or spending money, but they go a long way in sharing time together in a different way.  My favorite pastime at the moment is puzzles, the more pieces the better.

Maintaining friendships may be a little harder while maintaining social distance.  But here too there are opportunities: longer phone calls or video calls (Zoom, Facetime, WhatsApp, etc); maybe a socially-distanced walk at a park or backyard picnic if you know your friends are also taking care to be safe on their own.

Opportunities to Slow Down

According to this USA Today article, FOMO, or the fear of missing out, is still out there, but in a quarantine version and easily triggered by social media.  An expert quoted in the article talks about FOMO for what 2020 could have meant for us if there had been no virus.  I’m not a fan of crying over spilled milk so I’m not likely to entertain FOMO as to all the traveling I will not be doing next year—there’s always the possibility of taking road trips here at home.

We obviously can control how much digital media we consume that doesn’t help us have an IRL (in real life) experience that is not particularly  meaningful to us.  And IRL is all that counts.  

Now we can get a new hobby or re-discover an old one, dedicate time to things we may have been interested in before, like cooking, gardening, birdwatching, reading more books (digital or real books).  I’m currently into small DIY home improvements, but running out of opportunities—there’s only so much painting and what-not that I can do without it just being busywork.

We can pick an activity and incorporate it into our new routine, especially if you can do it outside.  Research shows that spending time outside is good for us in terms of our health and psychological well-being.  According to the study, as little as 120 minutes spread out over a week provides benefit, so there is no need to become a weekend warrior when you can spread it over a week.

There’s always more sleep!  We certainly can sneak in some naps or late rising in there.

These two areas provide us a lot of room to feel safe and gain a measure of control of our daily lives, while at the same time giving us the opportunity to bring enjoyment as we go along.

Update on Divorce Court Proceedings

Those of us who practice family and attend some judicial panels are learning that we will probably not be back in person in court for the remainder of the year.  The court buildings will remain closed.

Even after that, there are some new procedures that will remain electronic.  It doesn’t see  as if uncontested divorces will be going back to in-person hearings.  Instead they will continue to be purely electronic documents, with no hearing on the web.

Motion calendars, which are events for 5-minute legal arguments in cases, will probably continue as zoom hearings for judges who elect to do it this way.

I’m finding out that clients who want an uncontested divorce without having to go to court are enjoying how fast the process is without having to drive to court, or deal with technology with which they are not familiar.

For free, downloadable resources about divorce, paternity and domestic violence, visit the free family download page (no email required, just click and get a pdf)

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How Covid-19 is Changing How Family Court Works

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Since the pandemic shutdown in early March, the Florida Judicial System has been able to transition in such a way that cases continue to progress through the system in (mostly) an orderly manner. As part of the Florida Judicial System, the Miami Family Court is closed for most civil hearings, like divorce, paternity and non-criminal domestic violence cases. 

Instead, hearings on cases take place using video over the internet.  The most important benefit of using this electronic system is, of course, safety for you, judges, attorneys, court staff and clerks, and all those you would encounter on your way to a hearing in court.  Secondary but huge benefits include saving time in traveling to court as well as not having to take off from work to attend hearings.

Getting a Divorce

If you are considering getting a divorce, you still have the option of doing so in either a contested or an uncontested divorce.  You benefit the most from the new technology if you and your spouse are able to agree to get an uncontested divorce.  In this instance, you will not need to attend hearings either in person or electronically because you essentially are getting your divorce online, from beginning to end.

If you and your spouse are unable to agree so that your divorce is uncontested, then your divorce will still take place as a contested divorce using video hearings.  You will still have to face the longer time frame of contested divorces, and the same expenses such a court reporters, translators (if necessary), etc.

Establishing Paternity

Just like a divorce, paternity cases can be done in an uncontested or contested manner.  Uncontested paternity cases in Miami are done in the same manner as the uncontested divorces.  Similarly, if your paternity case is contested, you face the same issues as if you were getting a contested divorce.

Family Court Services

Our Family Division has a great unit that provide support in family and paternity cases, Family Court Services.  Judges refer divorce cases with children and paternity cases to Family Court Services when the parties and their children need additional services that will support the wellbeing of the family and the resolution of the case. 

Services provided through Family Court Services include crisis assistance, co-parenting, parenting coordination, resolution of time-sharing issues or schedules, referrals for family counseling, individual counseling for children or for children with their parents, supervised visitation and many more.  Many if not all of these services are already being provided through video or telephonic conferences.

Mediation in Family Cases

The In-House Mediation Unit in Miami-Dade County has a designated section for mediating Family Cases.  If your case is going to trial, whether a divorce trial or a paternity trial, you will be required to mediate before the trial.

Perhaps mediation was one of the first proceedings to transition to video. My first video mediation was on March 20, 2020; it was effective and efficient.

In Miami-Dade, mediation in the In-House Unit have been taking place since almost the start of court closure, back on March 16, 2020.  Private mediators seamlessly transitioned into video mediation.

Keeping Up On Covid-19 Measures for Court

You can keep track of Covid-19 related orders and announcements for the Eleventh Judicial Circuit on their Court Covid-19 page.

For questions about divorce, paternity or any other family issue, feel free to contact me at 305-710-9419 or via email.

You can also visit Getting Your Divorce Done Completely Online if your divorce is uncontested.  If your divorce or paternity case seems to be contested or if you have any questions, you can request a case assessment session.

Divorce Checklist for a Contested Divorce

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A divorce consultation checklist is good tool to help you prepare for a divorce.  A divorce consultation is all about information you need to provide the divorce lawyer, not necessarily about documents. A useful divorce consultation checklist will address financial information as well as issues related to children that you should be ready to discuss.

The idea here is for you to discuss finances and issues that you you must address. It is also a good tool to explore areas you may not have thought about.

Property and Financial Information in a Divorce

The financial side of your divorce is all about dividing the property accumulated during the marriage. It may also have to do with property either of you may have brought into the marriage, which you or your spouse may still have.

If there are going to be questions about alimony or child support, then it will also involve your current income, as well as that of your spouse.

If you have a prenuptial agreement, that document will be important for you to provide at the time of a consultation. You do not need to provide an original, a copy will be sufficient.  This is about the only document that you should bring with you to a consultation.

Property (assets) in a divorce is anything that you can own—whether it is owned in your name alone, in your spouse’s name alone or in joint names. 

Types of Property in a Divorce

Real property is usually what most people think about when they hear the word “property.”  But property also includes the following:

  • bank accounts, such as checking, savings, certificates of deposit, money markets, etc.
  • stocks and stock options
  • bonds
  • vehicles that are financed (not leased)
  • boats, RVs, jet skis
  • cash value in a life insurance
  • money that someone owes you
  • Retirement plans, such as profit sharing, pensions, IRAs, 401(ks), etc.
  • Investment accounts that are not for retirement
  • furniture in a home
  • Royalties
  • Business interests
  • Disability income

For purposes of a divorce in Florida, bank accounts are not just those accounts in your name alone, or in joint names with your spouse; but also includes accounts in your name and someone else’s name (other than your spouse).  Understand that this doesn’t necessarily mean that your spouse may have an interest in accounts held in your name and someone else (for example, a parent)—we are merely discussing what assets are titled in your name which may or may not be impacted by the divorce.

In addition to information on the above, you should be ready to provide information about tax filings: whether you and your spouse file jointly or as married filing separate.  If income has changed since the last tax filing, you should also be ready to discuss details.

Debt Information in a Divorce

As with property, you need to have an idea of what debt there is and how it is titled—in this case, who is responsible to the creditors for payment.

Similarly, it doesn’t matter that the debt is in your name, joint with your spouse or in your spouse’s name alone.  If the debt is only in your spouse’s name, you may not have access to the amount, repayment terms, etc., which is okay.  The important thing is that you know it exists and you can tell the divorce attorney about it.

Debt includes the following:

  • Mortgages, including second mortgages on the marital home
  • Credit card accounts
  • For vehicles, financed documents or lease documents
  • Personal loans
  • Money you owe but for which there is no document (like a loan from a relative)
  • Judgments against you which say you owe money to someone else
  • Loans you make have taken out against your retirement accounts
  • Tax debts
  • Business debt that you may owe, for example, if you own a business and co-signed for a loan for the business

Information about Children’s Issues

Each family is unique, so it is impossible to provide a list of every single issue that a family may face when they are about to go through a divorce.

Generally speaking, you should be ready to provide the attorney with a description of how each of you parent your children, both individually and jointly. This information would include how you divide the daily responsibility for caring for the children, taking your children to school (if of school age), participation in taking them to doctor’s appointments; how each of you discipline the children; what special issues your children may have, whether physical or otherwise, etc.

It is also a good idea to provide your attorney with your view of how each child relates to each of you.

If you and your spouse have already talked about a divorce, be ready to tell the attorney what discussions you’ve had regarding timesharing with the children in the event you do decide to go through the divorce.

If you have not discussed divorce, tell the attorney what you would like to see in terms of timesharing and why—what you want may be doable, but the attorney should discuss the possibility of you getting what you want within the current law regarding parental responsibility and timesharing.

Your Emotional Well-being

While we divorce lawyers are not therapists, we are nevertheless mindful that a divorce will impact our clients’ emotional wellbeing, at least in the short-term. Depending on where you find yourself in terms of accepting the divorce, your emotional condition may influence the divorce process to varying degrees.

Unresolved emotional issues may influence your ability to make decisions about children, property and debt within the facts of their case and the applicable law.  By way of example, some parents (fathers OR mothers) do not want their children to be around any future significant others of the other parent at any time. Depending on the circumstances, this position is most often not a realistic one.

Of course, the same applies to your spouse: their emotional condition and attitude towards getting a divorce will impact them and you as the divorce proceeds.

If there is a history of domestic violence, be prepared to tell the attorney.  However, depending on how you describe your relationship with your spouse, the attorney will most likely ask you about it.

Questions for your Divorce Lawyer

With all of the information above, you are ready to meet with a lawyer.  You can meet with a lawyer with very little of the above information.  But the consultation may not be as useful to you because you are not providing factual information that the lawyer can work with to provide you an overview of likely outcomes.

Some people do research for their divorce by a combination of a google search and talking to their friends and families about their own divorce.

There is a mix of information online, depending on the slant of the actual information you read.  Additionally, the experience of your family and friends in a divorce is not going to be the same for you—you and your spouse are unique as a couple, so whatever results your friends and families obtained is not going to be the rule for your own situation.

To prepare for a divorce consultation, you first should find out how long the consultation will last.  Some divorce attorneys provide 15-30 minutes consultation; other provide a longer one.

In addition, you should also start writing down questions that you want answers to—there is no such thing as a stupid questions, there is the question you have for which you need an answer.  So, write them down as you think about them, do not wait to be sitting in front of the attorney to come up with them.

Conclusion

This checklist may seem like quite a lot of work.  Contested divorces are in fact quite a lot of work for everyone involved.  It is better to be prepared from the start, and to know what are the possible outcomes.

If you anticipate a contested divorce and would like information about your individual case, you can set up a Case Assessment Session with me using this link, or calling me at 305-710-9419.

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Divorce and Immigration Rules

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For undocumented immigrants who may be facing a divorce, it is important to understand how some of the divorce and immigration rules work together.

Being a “resident” for purposes of getting a divorce is not the same as for immigration

Most people wanting to know how to get a divorce in Florida come across the requirement that they must be a resident of Florida for at least six (6) months before filing the petition for divorce.  Under the Florida laws for divorce, all that this means is that you must be living in Florida for at least six months.

This has nothing to do with your immigration status in the United States.

However, that doesn’t mean that you should go ahead and get a divorce if you are about to begin proceedings related to your immigration status, or are in the middle of adjusting your residency status.

Because I don’t know much about immigration, I asked fellow attorney Viviana Medina, Esq., an immigration attorney in Hollywood, Florida, to provide me some examples where getting a divorce will have an impact on a person’s immigration proceedings.  As she explained, sometimes non-citizens must obtain a divorce judgment quickly for a variety of reasons.

Divorce and Immigration – Conditional Green card

A person who obtained conditional resident status through marriage must apply for permanent residence. Thee official immigration term is “petition to remove conditions on residence” – three (3) months prior to expiration of his/her conditional resident status.

If the non-citizen is no longer living with his/her spouse, and there hasn’t been extreme cruelty in the relationship, the non-citizen must have a divorce decree in order to apply for permanent residence.

Being separated or in the process of getting a divorce Is not enough because the divorce decree, the final judgment of dissolution of marriage, must be filed with the immigration petition.

Divorce in country of origin

Another situation arises when a couple obtains a divorce in their home country even though both spouses are living in the United States. They do it because they think it would be faster or cheaper to get divorced in their country of origin. They may have remarried in the U.S. and petition for his/her new spouse. That’s when they find out that the current marriage is not valid because the divorce was not valid. When this happens, a divorce must be obtained in the U.S. as soon as possible before the immigration service starts removal (deportation) proceedings against the applicant.

These are only some examples of the many situations in which obtaining a divorce quickly may make the difference in a person’s ability to remain in the United States or obtain legal status.

How long does it take for a Florida divorce?

Once you know the time frames related to immigration proceedings that may be affected by a divorce, you need to take into consideration  how long does it take for a divorce in Florida.

The fastest divorce is an uncontested divorce.  These are the ones where you and your spouse agree that you will get divorced, and also agree on all other things that need to be resolved: property, debt and issues related to children (if there are any of the marriage).  

It is not necessary for a spouse to agree to the divorce because Florida is a no-fault divorce; no consent or agreement is needed.  But you want to know if they agree and will sign all required documents because otherwise you would have to serve them with the divorce papers.  A divorce in which you have to serve the divorce papers to your spouse will take longer because it is a contested divorce in the legal system. 

If you have questions about immigration status or immigration proceedings in general, I invite you to contact immigration attorney Viviana Medina, Esq. or call her at 754-703-4066.

If you want  information for your divorce, you are welcome to call me at 305-710-9419 or contact me through this link; either way, I call you within 1 business day.

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Should I get a Divorce? What you should know

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Couples may go through temporary separations as they work things out. When a separation lasts long, you begin to ask yourself, “Should I get a divorce?” It is understandable to try to delay dissolving the marriage; it feels less messy emotionally.  But putting off a divorce may have unintended legal consequences as you try to move on with your life.

When the separation runs into years and you lose track of your spouse, the process of getting a divorce may complicate your ability to go on with your life as if you were single.

Unintended consequences of not getting divorced

Regardless of whether you know where your spouse is, here are some surprising results about a lengthy separation when neither of you intend to continue being married:

  • Buying a Home: In Florida, if you want to buy a home and are married, your spouse will have to sign the mortgage. This isn’t a problem as to buying a home if you are paying for the home cash. But if you have to finance your home, your closing may be delayed since you have to either find your spouse or get the divorce done.
  • Getting Remarried: Remarrying while still being married to someone else is called bigamy, which is a crime; and your new marriage is void from the beginning. Beyond the fact that it is a crime, do you really want to start your new marriage while still married to someone else? New spouses are rarely understanding of this fact.
  • Setting a Wedding Date: Related to the second point, above, is setting a marriage date for your new marriage while still being married to someone you can’t find. there is no way to shorten the time required to do a search to find your spouse, or the time set by the Court for your spouse to answer when the divorce is done by publication.
  • Inheriting Your Estate: People who are married have a right in the estate of a spouse who passes away, regardless of whether they are still living together. At a minimum, your heirs will have to fight your spouse; and in the worst case scenario, your spouse may walk away with property you accumulated between the date of separation and the date of you passed away.
  • Having Your Spouse Claim Property: In many instances, your spouse can claim a share in property you have accumulated since the separation. In Florida, there is no legal separation that automatically happens simply because you and your spouse have decided to separation. There is either marriage with a pre-nuptial or post-nuptial agreement, or a dissolution. But it is a myth to think that just because you are no longer living as spouses, that you are “legally” separated. Without a pre-nuptial or a post-nuptial agreement, all property you accumulate–think retirement plans, investments, small business, savings ccount, etc– after you separated but before a divorce is property that is subject to being divided by the Court.

Explore your options to better answer the dreaded Should I get a Divorce Question

Only you can decide whether dissolving your marriage is right for you.

You have many options to choose from. A good starting point is marriage counseling if you’re not sure that you are ready to get a divorce.

If marriage counseling doesn’t seem to work, you have other options to conclude this phase of your life. You can speak to your spouse about an uncontested divorce.  If that doesn’t work, get a case assessment session that answers all your questions, including options for getting a divorced when your spouse will not cooperate with you. Lastly, if you’ve lost touch with your spouse and don’t know where they are, you can do a divorce by publication.

Don’t put off your divorce any longer simply because you think it will be a hassle to get it done.

If you have questions about your divorce, or if you’re ready to begin the process, call me today at 305-710-9419.  You can also, complete this request form and let me know the best time to call you.

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Flat Fee Divorce: How to Make Sure You Save Money

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At first glance, the major benefit of a flat fee divorce appear obvious: you save money. As a Miami family law attorney, I know that many people sometimes don’t see the other benefits beyond that savings in fees.

Don’t confuse what a flat fee divorce means

Many people looking for a flat fee divorce think of people who prepare forms so that you can then file your own divorce.  That’s not what a flat fee divorce is.

A flat fee divorce is a divorce you do with the help of an attorney who charges you a flat fee.  The most common flat fee divorce is the one where the divorce is uncontested.

When you pay $150 or $200 to a non-lawyer to do the paperwork, that is not a flat fee divorce.  It is only a divorce which you are doing yourself—you file it and make sure it goes through the divorce court process– and you paid a non-lawyer to complete your divorce forms.  Because they are not lawyers, they cannot tell you the legal consequences of each document in the legal landscape, especially if you have children of the marriage. 

If the result of using the documents is not what you expected, you may be able to fix it later; but it will cost you a lot more, and you may not be able to get a lawyer to fix whatever it is for a flat fee then.  This is where the “flat fee” divorce will cost you more in the end.

Doing your a flat fee divorce with a divorce lawyer lets you reap benefits while avoiding hourly fees:

  • No Court Hearings:  Since 2020 uncontested divorces in Miami, Florida.  You don’t go to a hearing. Even I, a divorce lawyer, no longer have to go to court either when I do a flat fee divorce.  Everything is done electronically.  As a result, none of my clients have to spend their time trying to find out how to do this and risking getting stuck.
  • You get the benefit of years of experience if your chosen divorce lawyer has a practice dedicate mostly to family law. This means that they can make you aware of issues you had not thought about but which need to be addressed, or provide solutions to questions you may be stuck on—all for the same flat fee.
  • You don’t get stuck in the Miami divorce court system. Our Family Division is one of the best divisions in the State.  Our Judges are always looking for ways to  improve the process for the families that come into it, and their support court staff is equally diligent.  But, regardless of how easy they want to make the process, they still have laws and rules to follow; and, if you don’t know how to navigate them, your divorce can take longer.
  • Your lawyer, on the other hand, can take appropriate steps to fast-track your divorce, according to the individual circumstances of your case. And, if anything new comes up, they can help you deal with it in a way that works best for you.
  • You avoid needless stress from not knowing what can happen or what needs to be done to avoid having to come back to court for any reason.

Consider all of the above as you look for information to get your divorce done. Depending on your individual circumstances, you may be able to get your divorce done for a flat fee, and avoid divorce litigation.

If you want to know whether you can benefit from a flat fee divorce using my services, whether you have children of the marriage or not; and whether you have property or debt, click below to watch the 44-second video for my flat fee divorce in Miami, visit MiamiDivorceOnline.com or contact me.

 

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DIY Divorce -3 Shocking Truths

divorce in florida, doing your own divorce

Before you attempt a DIY divorce, it is a good idea to know what are some of the pitfalls you may face.

At the outset let me say that there are divorces in which  you can represent yourself.  As a lawyer, I think the “ideal” case where this may work is when the other side is also not representing themselves. That is, both parties are “pro se.”  And, frankly, the reason I think that is because where both parties don’t have  a lawyer. You will both be at an equal disadvantage over the other; so everyone is on the same plane, so to speak.

Image by Clker-Free-Vector-Images from Pixabay

For some reason, people think that the court system will somehow be looking out for them.  It’s almost as if people think that “justice” and “fairness” will be their private jury, deciding things as they want them to be, as they see things.

So here are some things to keep in mind when going into a courtroom legally naked—without a lawyer—to DIY your divorce:

#1.  In a DIY Divorce, the Judge is Not YOUR Lawyer

This is probably the number one mistake that pro se litigants make. 

Judges are prohibited from providing legal advice to you or to anyone. They are there to make decisions based on the evidence you present to them.  At most, the only advice they may be able to give you at some point is “get a lawyer” or “maybe you should get a lawyer.”

The judge will make decisions based on evidence you and your spouse present to them.  When your case is completed, you will either think that the outcome was fair or not. This will depend on what you got in relation to what you wanted.  But I can almost guarantee that you will realize that the judge was not your attorney.

By the way, Judges are usually very courteous with parties representing themselves. But you should also show the same courtesy to them AND to your soon-to-be-ex spouse.

#2  Divorce Court is a System, Not Just a Physical Building

A lot goes on in divorce court.  Most people do not realize that a lot goes on in a divorce before you walk into court for a hearing. Prepare before walking into that hearing. Whatever preparation you needed to do to present evidence to the judge, should have already completed it. Sometimes, your preparation will be about what you will say, and how you will say it. is preparation to be done You should be prepared before walking into a hearing.

Besides the petition asking for the divorce, there are often other documents that should have been filed.  Where children are involved, this includes additional documents beyond just the petition.

This point is important to keep in mind as you read the next point.

#3  If Your Spouse Has an Attorney, You WILL Be at a Disadvantage

If the above two points don’t give you food for thought, this one might.

If your spouse has a lawyer, particularly a divorce lawyer, then chances are they will be well prepared for the case.  (I say chances are because who knows, you may get lucky and get a lawyer on the other side who may not be).

A prepared lawyer on the other side may do any or all of the following at a hearing:

  • Provide a framework of the case to the judge using a brief opening statement. This framework will present their client (not you) in a most favorable light;
  • Present evidence in an orderly manner;
  • Present evidence that helps their client or discredits you;
  • Have case or statutory law ready for the judge. Or, at least, be able to name the cases and/or statutes that are applicable; and
  • Provide a brief closing statement. The closing statement will neatly summarize their case into an argument as to why the judge should rule for their client, given the evidence presented.

You should be ready to do the same thing if you are representing yourself. As I heard a magistrate tell one pro se party in a case, “You have to be as competent as a reasonably competent lawyer”.  They cannot give you a break just because you don’t have a lawyer.  This is important to know. Read a little more about that at The 1Thing to Know to Represent Yourself