If I can't afford a divorce attorney fee at this time, yet want a divorce, can I get a legal separation while I save for the fees (consultation & retainer) charged by most divorce attorneys? ...

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If I can not afford a divorce attorney fee at this time, yet want a divorce, can I get a legal separation while I save for the fees (consultation and retainer) charged by most divorce attorneys?

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DakotaLegal's picture

 

 
There are actually quite a few things you can do to save money, while also making progress toward getting the divorce you want. It does cost about $400 just to file for divorce in a Florida family court. If you just can’t afford that much, go to your court clerk’s office and see if you are eligible for what’s called an indigence filing. http://www.faldp.org/civil-indigent.html. It costs only $25 to file this form to see if you can waive the divorce filing costs.
 
As one other consideration bedside separation, consider whether you are eligible for what’s called a “Simplified Dissolution of Marriage” petition. What I’m wondering is whether, by (a) using the indigence filing and (b) if you are eligible for the simple device, you really can do what you want to do eventually…but sooner. The basic eligibility for a simplified divorce means you’ve lived in Florida for the last six months, there are no children, you and your partner can agree to how to divide all your assets, and neither of you wants alimony. I do caution people, however, not to enter into simplified dissolution just to avoid fighting for their rights.
 


  • Affordable Legal Help

 
First, define what your immediate needs are for the separation. Some people in your situation carefully select a few attorneys, being sure they can have free consultations from them. These free consultations may help you to concentrate on immediate concerns or worries…paying bills, having a stable home, deciding child custody and parenting plan issues, separating assets, or safety, in cases of abuse (emotional as well as physical). You can use the Florida Bar Association, asking for these referrals: http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/2d2abb1f846d13a9852574a500635941?OpenDocument. Again, be certain you are getting a free consultation.
 
Depending on your income and where you live in Florida, you may also be eligible for low cost legal aid. Here is a site for finding local legal aid offices: http://floridalegal.org/. Some law schools in Florida may also help you with filling out some important forms. You may want legal help on what assets should be yours, and a separation can help protect your property rights. Florida International University, for example, has an excellent legal clinic program, with thousands of donated hours each year… http://law.fiu.edu/clinical-programs/family-and-children-advocacy-clinic/.
 
One other place to see about low-cost legal help is the “pro bono” program from the Florida Bar. http://www.floridabar.org/tfb/TFBConsum.nsf/840090C16EEDAF008525 6B61000928DC/A99E4C9F07844AC385256FF90073D012.
 

  • What’s A Florida Separation Order?

 
Many people do exactly what you suggest…if a divorce is impractical right now, a separation may give you some breathing room. A separation is a legal recognition (and notice to third parties) that a married couple is no longer living together as a family. A court also uses a legal separation to be able to grant spousal support, for what’s called ‘maintenance,’ during the formal separation. http://law.fiu.edu/clinical-programs/family-and-children-advocacy-clinic/. As an example of a court case where the parties had agreed to a certain level of support, you can look at this court case… http://law.justia.com/cases/federal/districtcourts/florida/flmdce/8:2011cv01776/261447/16.
 

  • Getting The Forms You Need

 
Not only should you get the separation forms you need, but also look at the divorce process, too. Here is a booklet from the American Bar Association, explaining what you need to ask about why and when to file for divorce versus separation: http:// www. americanbar.org/groups/public_education/resources/law_issues_for_consumers/books_family_home.html.The more consistently you can plan for the divorce you want, using separation, the smoother the process can go. But do be cautious…if, for example, there are children, then the living arrangement you get now with a separation may be very close to what you end up with after a full trial.
 
There are several good places to look at the Florida family law forms you need. If, for any reason, you need to act immediately, and with no legal help, then this is a very good site (look at the “self-represented” documents)… http://www.flcourts.org/gen_public/ family/forms_rules/index.shtml#petsup.

All Comments

DakotaLegal's picture

 

 
There are actually quite a few things you can do to save money, while also making progress toward getting the divorce you want. It does cost about $400 just to file for divorce in a Florida family court. If you just can’t afford that much, go to your court clerk’s office and see if you are eligible for what’s called an indigence filing. http://www.faldp.org/civil-indigent.html. It costs only $25 to file this form to see if you can waive the divorce filing costs.
 
As one other consideration bedside separation, consider whether you are eligible for what’s called a “Simplified Dissolution of Marriage” petition. What I’m wondering is whether, by (a) using the indigence filing and (b) if you are eligible for the simple device, you really can do what you want to do eventually…but sooner. The basic eligibility for a simplified divorce means you’ve lived in Florida for the last six months, there are no children, you and your partner can agree to how to divide all your assets, and neither of you wants alimony. I do caution people, however, not to enter into simplified dissolution just to avoid fighting for their rights.
 


  • Affordable Legal Help

 
First, define what your immediate needs are for the separation. Some people in your situation carefully select a few attorneys, being sure they can have free consultations from them. These free consultations may help you to concentrate on immediate concerns or worries…paying bills, having a stable home, deciding child custody and parenting plan issues, separating assets, or safety, in cases of abuse (emotional as well as physical). You can use the Florida Bar Association, asking for these referrals: http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/2d2abb1f846d13a9852574a500635941?OpenDocument. Again, be certain you are getting a free consultation.
 
Depending on your income and where you live in Florida, you may also be eligible for low cost legal aid. Here is a site for finding local legal aid offices: http://floridalegal.org/. Some law schools in Florida may also help you with filling out some important forms. You may want legal help on what assets should be yours, and a separation can help protect your property rights. Florida International University, for example, has an excellent legal clinic program, with thousands of donated hours each year… http://law.fiu.edu/clinical-programs/family-and-children-advocacy-clinic/.
 
One other place to see about low-cost legal help is the “pro bono” program from the Florida Bar. http://www.floridabar.org/tfb/TFBConsum.nsf/840090C16EEDAF008525 6B61000928DC/A99E4C9F07844AC385256FF90073D012.
 

  • What’s A Florida Separation Order?

 
Many people do exactly what you suggest…if a divorce is impractical right now, a separation may give you some breathing room. A separation is a legal recognition (and notice to third parties) that a married couple is no longer living together as a family. A court also uses a legal separation to be able to grant spousal support, for what’s called ‘maintenance,’ during the formal separation. http://law.fiu.edu/clinical-programs/family-and-children-advocacy-clinic/. As an example of a court case where the parties had agreed to a certain level of support, you can look at this court case… http://law.justia.com/cases/federal/districtcourts/florida/flmdce/8:2011cv01776/261447/16.
 

  • Getting The Forms You Need

 
Not only should you get the separation forms you need, but also look at the divorce process, too. Here is a booklet from the American Bar Association, explaining what you need to ask about why and when to file for divorce versus separation: http:// www. americanbar.org/groups/public_education/resources/law_issues_for_consumers/books_family_home.html.The more consistently you can plan for the divorce you want, using separation, the smoother the process can go. But do be cautious…if, for example, there are children, then the living arrangement you get now with a separation may be very close to what you end up with after a full trial.
 
There are several good places to look at the Florida family law forms you need. If, for any reason, you need to act immediately, and with no legal help, then this is a very good site (look at the “self-represented” documents)… http://www.flcourts.org/gen_public/ family/forms_rules/index.shtml#petsup.
RJasondeGroot's picture

Legal Separation

Legal Separation

There is basically no legal separation in Florida, so the answer to your question is no. Many family attorneys offer a free initial consultation, and you can learn a lot about what has to be done to get a divorce. There are basically two routes to go, contested or uncontested. Of course, if you and the spouse can agree upon the resolution of each and every issue between you, it can be uncontested, swift, and relatively inexpensive. If there is just one issue that you cannot resolve, then the divorce is contested, and costs a lot of money to complete. Go to see a family attorney near you for a full discussion.