DIY Divorce in Florida

Legal Plans, Pre-Paid Legal Services & Florida Divorce

Lately I've had inquiries about whether I accept “legal plans” or “pre-paid legal services.” Often these terms are used interchangeably. While they share a lot of characteristics in common, there are a number of differences.

Both of the terms refer to an arrangement in which you pay a fixed monthly or yearly fee in exchange for legal services. The idea is to save consumers money on legal fees while offering a valuable service.
That’s where the differences lie: what kind of service is offered and what is covered.

Pre-paid services cover for specific legal services: free phone consultation and advice, drafting of simple wills and trusts, review of sample contracts and writing of letters on your behalf, perhaps an uncontested divorce. Any legal services not provided as part of your legal plan will get charged at regular attorney fee rates, but the plan may make you eligible for discounts.

Legal insurance, by contrast, works much like other insurance plans, like health or car insurance. Although specific legal services are sometimes offered, your insurance provider will typically offer a policy that covers any type of legal services. The policy will pay or reimburse (up to the policy limit) all expenses, costs and/or fees that you pay for legal services. For instance, your policy might reimburse
any fees incurred in your divorce or even pay your bail money – a service not provided by most pre-paid legal plans.
 
Your legal insurance is also pegged to other insurance policies you may already have. If you run into legal problems involving your other insurance, then your legal insurance policy may protect you against loss or liability. For instance, if you are involved in a car accident when your auto-insurance has already run out and you are subsequently sued for recovery of damages, you could be protected by a legal plan insurance.

The other difference between the two schemes is related to your choice of attorney. In a pre-paid legal service, you get to choose from a restricted number of the attorneys in the network, much like a PPO for your health coverage. By contrast, a legal insurance plan typically provides legal coveragefor the attorney of your choice.  You are free to set up interviews with a number of attorneys and choose the one you think will provide the best service for your legal needs.

Finally, pre-paid legal plans are much more accessible to the general public. Legal plans are harder to find because only a limited number of insurance companies offer such arrangements. Remember, anytime you are looking for an attorney, you want one who has susbstantial experience in the type of legal matter that you have. YOu wouldn't choose a divorce lawyer if you had a car accident. Don't choose an injury or criminal attorney for your divorce.

10 Commandments of Co-Parenting

Here is a special "reprint" of an older co-parenting resource. Sometimes, the more things change, the more they stay the same. I think this column is still one of the best quick tip resources around.

by Lynn Nelson, Public Education Director, Institute on Race and Poverty, University of Minnesota
published in Minnesota Parent, May 1995

1. Resolve conflicts without putting kids in the middle. This requires being objective about your children’s needs (and not confusing them with your own) and compromising when the situation warrants. Stick with a conflict until it’s resolved; don’t let a problem fester and then punish the other parent passive-aggressively or be difficult in unrelated situations.

2. Treat the other parent with respect. This goes a long way toward easing your relations with your former partner. It also provides a good model for your children; more than we are willing to admit, our children imitate our behavior. Disrespect toward the other parent will be played out by the child. It’s important for a child’s healthy development to have respect for authority figures, including both parents.

3. Observe appropriate boundaries. When it comes to your kids, it’s sometimes difficult to tell yourself what they’re doing with the other parent “is none of my business.” But if an activity won’t harm them physically or psychologically, it probably is none of your business. Recognize it’s okay, maybe even good, for children to learn different ways of doing things. It’s almost certain that the other parent won’t do everything your way.

4. Communicate regularly with the other parent. There’s lots to share. When children are small, the other parent needs to know the basics when parenting responsibilities are being transferred. Has the child eaten? Gone to the bathroom recently? Does he or she need more sleep or a bath? When children

How Long Does a Florida Divorce Take?

Just how long does it take to get a Florida divorce when you represent yourself? It's a question that people ask me often. There is no way to really answer the question without more information, so I thought I'd list some of the common situations that can slow your divorce case down.

1. Missing spouse - If you can't find your spouse to serve the papers on him/her, you'll have to publish an ad in the newspaper for 4 weeks.
2. Missing documents - Until all the required documents are filed with the court, you cannot have a final hearing.
3. Mistakes in your documents - Even at the final hearing, if the judge finds mistakes in your paperwork your case will be delayed
4. Incomplete information about your financial situation - As part of the required financial affidavits and mandatory financial disclosure, you must value your assets and your debts.

These are just some of the common reasons your Florida do-it-yourself divorce can be delayed. There are many other reasons for delay, including the budget cuts the courts have suffered over the past few years. With fewer staff to review the paperwork, it just takes longer to get a final hearing.

When you enroll in our DIY Divorce in Florida Crash Course, you'll receive all the required forms you'll need for a Florida divorce, including a comprehensive Parenting Plan, along with many bonuses that will help you help your kids get through the divorce process with as little damage as possible.

Don't worry, the DIY Divorce in Florida Crash Course is a home study course so you won't have to worry about scheduling something else. And for a limited time you will also receive a copy of Mom's House, Dad's House, a great co-parenting manual for divorced parents.

And be sure to grab a copy of my free Parent's Guide so you can help your kids through divorce.

 

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Why Get a Court Reporter?

 
When DIYers come to me for trial coaching, the questions always arises, "Why should I spend the money on a court reporter?" While I encourage you to settle your differences, sometimes that's not possible. If your case is going to trial, you need to plan for a possible appeal. If you are going to trial, I encourage you to seek counsel. It is not easy to conduct a trial, especially without legal training. But I know some of you are going to trial in do it yourself divorces.

Without a transcript from a court reporter, you will have a difficult, if not impossible, time appealing. That's because an appeals court will not re-try your case. It will be looking at whether there were errors by the trial judge. That means the appellate judges will be looking at the court file and the transcript to see how the judge handled things in your case.

Without a transcript, you will have to have your spouse and the trial court approve a statement of facts. If that doesn't happen, your appeal is likely to get nowhere if you don't have a transcript of the trial. That's what the court of appeals needs to see in order to properly consider your appeal.

So if your case is headed for trial, go ahead an spend the money for a court reporter. It's just silly to spend the time and resources to go to trial and not have a reporter. In the grand scheme of things, the cost is small compared to the potential benefit of having a court reporter at your Florida divorce trial.

Is a Florida DIY Divorce Really Cheaper?

 
Everyone seems to assume that a Florida do-it-yourself divorce is really cheaper. But is it really? I think it depends on how committed the divorcing couple is to doing it right. Often when people represent themselves they assume that they can make any agreements they want. While it is generally true, there are areas like child support, where the judge will have the final say.

By taking shortcuts and not having paperwork reviewed by a qualified Florida lawyer, you may create problems in the future. If you are not committed to learning about Florida divorce law and procedure, a do it yourself divorce may cost more in the long run. That's because, like most areas, it costs more to undo the problem than to solve it right the first time around. 

Those of you who know my story know that this blog and the DIY Divorce in Florida Crash Course were created when it cost my client over $18,000 to fix a DIY mistake. That's why I recommend you have your documents reviewed before you file them. In my experience, it is far less expensive in the long run to have your DIY divorce documents reviewed than to try to fix a mistake later.

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