One of the most frequent questions I get from prospective clients is, "do I really need an Attorney to handle my divorce?" My answer to that question is always the same, "whether you hire me or another lawyer, if you have children, or property or have been married more than 3 years, then you definitely need an attorney." I'm always wary about sounding like I sound like I am trying to convince someone to hire me, but that is really not the issue. The issue is that a Divorce is regular litigation in Circuit Court and whatever you and your soon-to-be former spouse agree to, you are bound by in the form of a contract. Most people know that it's very difficult, if not impossible, to get of a signed contract. A divorce agreement is really no different. In Family Court, we have our own set of rules, our own division in Circuit Court and our own set of Judges.
So it brings me back the question, "do I need an Attorney to handle my divorce?" Absolutely. Marriage is a powerful legal institution giving spouses rights and privileges like no other. And, as a powerful legal institution, marriage is not easily dissolved. Divorce must be handled carefully in order to ensure that the parties involved actually get what they think they are getting: a fair and permanent solution.
Unfortunately, that $199 do-it-yourself divorce may cause bigger problems that it solves. Simple errors during a do-it-yourself divorce can cause serious and lasting problems. These are just some of the problems I have seen:
• Placing a check mark in the wrong box on one of the forms
• Failing to file something in a timely manner or to make an objection in a timely manner
• Failing to file a required document or a complete Parenting Plan
• Neglecting to address issues that may concern the court
Even something as small as using a poorly chosen word regarding the marital home or the parenting plan can end up causing damage that is difficult to repair.
Even more important, the courts in Florida are mandated to hold Pro Se litigants (individuals handling their cases on their own) to the same standards as licensed attorneys. There are no special "breaks" for you if you are handling the divorce yourself. The Judge will require you to know the law, whether or not you actually do. Once the final judgment is entered, the case is over. You may not get another chance to fix the problem.
If your working relationship with your spouse is strong enough that you would consider a do-it-yourself divorce, you may be surprised at how economical it is to work with an experienced attorney. We will be happy to review your case, ensure proper filings are made and provide the protection you and your children need as you begin to rebuild your life. Please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your consultation today.
