Do It Yourself Divorce

by | Dec 30, 2020 | Divorce

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.

DIY made out of scrabble cubes

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?

Arthur J. Grossman J.D., LL.M., Esq

Arthur J. Grossman J.D., LL.M., Esq

AJ Grossman graduated at the top of his Florida law school class, has been trained in Collaborative Divorce, has a Master of Laws degree in Dispute Resolution, and is a Barrister member of the invite-only Central Florida Family Law Inn of Court. His aggressive advocacy on behalf of his clients provides hope and reassurance throughout challenging divorces.

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