Category Archives: divorce in florida

flat fee divorce

Flat Fee Divorce: How to Make Sure You Save Money

divorce in florida, flat fee divorce

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