I livr in florida. I need to file for divorce and child custody but have not been able to for finacial reasons. What can I do ...

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I livr in florida. I need to file for divorce and child custody but have not been able to for finacial reasons. What can I do

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DakotaLegal's picture

 

 
There are three options we can talk about, which will help you (1) tackle the costs of both legal help and, then possibly (2) even lower the filing costs of a divorce, and what may be just as important, to (3) help to present your best custody case.
 
 


  1.  Filing Costs and Forms To Use

 
Even before we talk about some low-cost lawyer options, you can help by becoming more aware of the paperwork involved in the process. The more you can prepare the correct legal forms, the more likely you can lower your costs. Florida has some of the best on-line family forms in the country…here’s a place to start: http://www.flcourts.org /gen_public/family/forms_rules/index.shtml.
 
Begin with seeing if you can have the costs of a divorce filing waived. Right now this means saving almost $400. If you aren’t sure which court to contact for asking a waiver, you can ask here…http://www.hillsclerk.com/publicweb/familylaw.aspx.
 
Having talked about using legal forms, there’s an important thing to be careful of. There can be an advantage to starting the process, even though the forms will need to be changed later On the other hand, misusing the forms or making a mistake may make your case more difficult if and when you do get a lawyer to help you. If you have no legal help, ask a friend to help.
 

  1. The Custody Case

 
One way many people weaken their custody case, before even starting, is to not plan ahead on getting expert help. This includes people who know and approve your parenting skill in detail. Teachers can be excellent witnesses. Identifying those people who might be your “custody” experts usually begins by working with a lawyer. But there are also resources in Florida you can find on your own. For example, the required parenting classes… http://www.stateofflorida. com/Portal/DesktopDefault.aspx?tabid=64.
 
Facts Are Crucial
 
I’m assuming you want to have primary physical and legal custody. So to begin with, you should know that many judges actually like it when parents can reach an agreement by not going to court. If you need to see if your ex is willing to let you have primary custody, try looking at some sample agreements parents have come up with: http://www.flcourts. org/gen_public/family/forms_rules/950a.pdf . You can especially (in that form I just listed) look at pages 4-6 for types of language used when parents do agree about how much time and where the child should live most of the time.
 
If you cannot agree with your ex, then you need to begin keeping records of things that back up your argument. Journals, receipts, and notes of important appointments.
 
During a contested custody case, the judge will eventually appoint an independent home custody evaluator. Be ready to anticipate this factor.
 
 

  1. Affordable Legal Help

 
Since you already indicated that you have limited cash, let’s look at several low-cost or possibly no-cost legal sources…
 

  1. Legal Aid Clinics. These programs help people based on where you live, and what your income is. There are two major programs in Florida… the clinic program http://floridalegal.org/ or the pro bono program http://apps.americanbar.org/legal services/probono/directory/florida.html.

  2. Law Schools. Depending on how close a law school is to you, you may be able to schedule a trip to one of the law school programs…here’s a sample from Stetson Law…where free help for veterans is offered… http://www.law. stetson.edu/veterans/.

  3. Free consultations: many lawyers will meet to help give initial, free consultations. You can try the Florida Bar Association search engine… http://www. floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/ec2322e512b83d1e85256b2f006cc812?opendocument.

All Comments

DakotaLegal's picture

 

 
There are three options we can talk about, which will help you (1) tackle the costs of both legal help and, then possibly (2) even lower the filing costs of a divorce, and what may be just as important, to (3) help to present your best custody case.
 
 


  1.  Filing Costs and Forms To Use

 
Even before we talk about some low-cost lawyer options, you can help by becoming more aware of the paperwork involved in the process. The more you can prepare the correct legal forms, the more likely you can lower your costs. Florida has some of the best on-line family forms in the country…here’s a place to start: http://www.flcourts.org /gen_public/family/forms_rules/index.shtml.
 
Begin with seeing if you can have the costs of a divorce filing waived. Right now this means saving almost $400. If you aren’t sure which court to contact for asking a waiver, you can ask here…http://www.hillsclerk.com/publicweb/familylaw.aspx.
 
Having talked about using legal forms, there’s an important thing to be careful of. There can be an advantage to starting the process, even though the forms will need to be changed later On the other hand, misusing the forms or making a mistake may make your case more difficult if and when you do get a lawyer to help you. If you have no legal help, ask a friend to help.
 

  1. The Custody Case

 
One way many people weaken their custody case, before even starting, is to not plan ahead on getting expert help. This includes people who know and approve your parenting skill in detail. Teachers can be excellent witnesses. Identifying those people who might be your “custody” experts usually begins by working with a lawyer. But there are also resources in Florida you can find on your own. For example, the required parenting classes… http://www.stateofflorida. com/Portal/DesktopDefault.aspx?tabid=64.
 
Facts Are Crucial
 
I’m assuming you want to have primary physical and legal custody. So to begin with, you should know that many judges actually like it when parents can reach an agreement by not going to court. If you need to see if your ex is willing to let you have primary custody, try looking at some sample agreements parents have come up with: http://www.flcourts. org/gen_public/family/forms_rules/950a.pdf . You can especially (in that form I just listed) look at pages 4-6 for types of language used when parents do agree about how much time and where the child should live most of the time.
 
If you cannot agree with your ex, then you need to begin keeping records of things that back up your argument. Journals, receipts, and notes of important appointments.
 
During a contested custody case, the judge will eventually appoint an independent home custody evaluator. Be ready to anticipate this factor.
 
 

  1. Affordable Legal Help

 
Since you already indicated that you have limited cash, let’s look at several low-cost or possibly no-cost legal sources…
 

  1. Legal Aid Clinics. These programs help people based on where you live, and what your income is. There are two major programs in Florida… the clinic program http://floridalegal.org/ or the pro bono program http://apps.americanbar.org/legal services/probono/directory/florida.html.

  2. Law Schools. Depending on how close a law school is to you, you may be able to schedule a trip to one of the law school programs…here’s a sample from Stetson Law…where free help for veterans is offered… http://www.law. stetson.edu/veterans/.

  3. Free consultations: many lawyers will meet to help give initial, free consultations. You can try the Florida Bar Association search engine… http://www. floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/ec2322e512b83d1e85256b2f006cc812?opendocument.
RJasondeGroot's picture

You can go to see a local

You can go to see a local family lawyer to find out more about Florida law and what will be required. If you and the spouse can agree upon the resolution of each and every issue between you, the divorce can be uncontested, swift, and relatively inexpensive. Many family attorneys offer free initial consultations.