Do you want to save money on lawyer fees and do your own divorce? It is possible to get a divorce without a lawyer, and most of the forms you need are available online. This post is a guide on how to divorce.
You should be aware that doing your own divorce without a lawyer can be a high-risk proposition. Depending upon the facts and circumstances in your marriage, a do-it-yourself divorce might be right for you.
If you are willing to accept the risks of proceeding without the benefit of legal counsel to guide you through the complexities and rules of family law, then this blog post is for you.
HOW TO DIVORCE WITHOUT A LAWYER CHECKLIST
So what do you need? Below are some of the forms you may need:
Cover Sheet
Petition
Summons
Administrative Order
UCCJEA affidavit
Notice of Social Security Number
Financial Affidavit
Certificate of Compliance with Mandatory Disclosure
Child Support Guidelines Worksheet
Marital Settlement agreement
Parenting Plan
Affidavit of Military Service
Answer
Counter-Petition
Standard Form Interrogatories
Request for Production
Notice for Trial
Notice of Current Address
Motion for Default
Motion for Temporary Support
You can find all of these forms available online at the Florida State Courts website.
TIP #1 – YOU MUST FOLLOW THE RULES EVEN IF YOU WANT A DIVORCE WITHOUT A LAWYER.
You should also download the latest version of the Florida Family Law Rules of Procedure from the Florida Bar, the Florida Rules of Evidence, and the Florida Rules of Judicial Administration.
TIP #2 – YOU WILL BE HELD TO THE STANDARD OF A COMPETENT ATTORNEY
Because you are planning to represent yourself, you should know that the Judge will hold you to the same standard as a competent attorney. They will expect you to know the procedural rules and the rules of evidence.
If you do not have the time to learn the rules, maybe it would make more sense to hire a divorce lawyer who can handle it for you. If you still want to get your divorce without a lawyer, read on.
WHAT THE FORMS DO NOT PROVIDE
Having access to the forms is a good start, and some people are able to get a divorce using the supplied forms. I am sure you are curious to know what the forms do not provide. Here is a partial list:
Legal advice/counseling about your rights, duties, and obligations
Practical advice and information about the Judge assigned to your case
Negotiation experience
Conflict resolution skills
Tax implications of your settlement options
Access to referrals for other professionals, such as financial, and mental health professionals
Opportunity to participate in a confidential, respectful process like collaborative divorce
An objective perspective on the probability of getting what you want if your case goes to trial
Knowledge and experience to draft agreements that protect you from future problems
IS GETTING A DIVORCE WITHOUT A LAWYER RIGHT FOR ME?
If you answer yes to the following questions, you may not need a lawyer:
Do you own very few assets?
Do you have little or no debt?
Are you without any minor children?
Did you and your spouse agree to all the terms of your divorce?