If the only issues in your divorce are child custody and support, and you can’t afford an attorney, consider going to family court before starting a divorce action. It’s a little easier to represent yourself in family court, and once you get custody and support orders, you can proceed with an uncontested divorce. Get An Order For Counsel Fees
Get A Court Appointed Attorney If you can’t afford an attorney and your divorce case involves any custody, visitation or order of protection issues, may ask the judge to assign you a lawyer free of charge.
There are several problems with this, the biggest being that most lawyers, especially divorce lawyers, won’t work for free. While many attorneys are willing to provide pro bono services for relatively simple matters, divorces can be very time consuming and complex so it’s generally not a beneficial for the divorce attorneys to take on cases.
There’s always the option to try and do your divorce on your own without legal representation, but you may not get the full legal protection you deserve. Most lawyers charge a retainer of $3,500 to $10,000 per spouse, and this is only the first fee you will have to pay. Most people don’t have that kind of money to spare.
It’s a little easier to represent yourself in family court, and once you get custody and support orders, you can proceed with an uncontested divorce. If you can’t afford an attorney and you don’t qualify for a court appointed attorney, the judge can order your spouse to pay your attorney's fees if they are the monied spouse.
If you have a civil legal problem but cannot afford to hire a private lawyer, you still may have access to the legal system through your local legal services-legal aid organization which provides free or low cost legal services to persons with low incomes.
Fortunately, Florida law recognizes the inequity this would present to a divorcing couple, and allows a court to award attorneys' fees as part of a divorce award. The court considers requiring one spouse to pay for the other's attorney's fees only when a request or petition is made for the fees.
Divorce in Mutual Agreement Filing for a divorce in mutual agreement is always cheaper. This avoids having to hire a process server or sheriff to serve the divorce papers to your spouse. You will also save on court mandated mediation, hiring an attorney and maybe even having to pay for their legal fees.
The cost of uncontested divorce in Florida is: Under $500 if you complete the paperwork yourself and file without a lawyer. Under $650 if you get online help with the paperwork and filing instructions to file without an attorney. Around $3,000-$5,000 if a lawyer takes care of everything.
Want to divorce but can't afford a lawyer? Here's 12 ways to reduce, defer or pay your legal fees if you have little or no money. ... Borrowing from friends or family. +6. ... Legal aid. ... Getting funding from support groups. ... Applying to reduce court fees. ... Getting a free legal consultation. ... Pro bono help. ... DIY online divorce.More items...•
On average, Florida divorce lawyers charge a minimum of $260 per hour and a maximum of $330. Average total costs for divorce lawyers range from $11,000- to 14,000 but are typically much lower in cases with no contested issues.
When a married couple files for divorce in Florida, there will be an “equitable distribution” or the division of marital assets and liabilities. See Florida divorce law 61.075. Usually, the court will divide marital assets and liabilities 50/50 unless there are factors that would make an equal split inequitable.
A couple must live separately and apart to file for divorce. However, Florida does not require a waiting period or separation before filing for divorce. The only requirement to get a divorce is that at least one of the parties must reside in the state for at least half a year before filing for divorce.
30 daysOften referred to as a “quick” divorce, a Simplified Dissolution of Marriage in Florida typically takes 30 days. If both spouses agree to terms, have lived in Florida at least 6 months, have no children, and are not seeking alimony, they may be eligible for this type of divorce.
If you receive assistance such as welfare, food stamps, social security income, unemployment assistance, disability or any other type of government assistance, you will most likely qualify for the court filing fee waiver. Also, keep in mind the size of your family when figuring out if you qualify based on your income.
Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.
In a Florida uncontested divorce, the attorney draws up a Marital Settlement Agreement which the parties sign. And the parties then go to Court for a very short final hearing. (It is usually not necessary for both parties to attend the final hearing.)
You may be wondering: Can I get the other party to pay my attorneys' fees and legal costs? The answer is “it depends”—though it is certainly possible in some cases. Florida operates under the 'American Rule', meaning each party to a dispute is assumed to be responsible for their own attorneys' fees.
When a married couple files for divorce in Florida, there will be an “equitable distribution” or the division of marital assets and liabilities. See Florida divorce law 61.075. Usually, the court will divide marital assets and liabilities 50/50 unless there are factors that would make an equal split inequitable.
17 yearsUnder Florida law, a short-term marriage is a marriage lasting less than seven years. A moderate-term marriage is classified as a marriage lasting between 7 and 17 years. A marriage lasting longer than 17 years is considered a long-term marriage.
In Florida, a long-term marriage is one that lasts longer than 17 years. Dissolution of a long-term marriage is often more complicated and contentious than divorce for short or moderate-term marriages. Couples who have been married for 17 years or more often have complex financial entanglements and property holdings.