i need help filling out my divorce packet and filing it. i dont work so i cant afford a lawyer. The husband lives in Texas now with the child and wont send him to visit me until we have a legal agreement between us. Can you help me? ...

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i need help filling out my divorce packet and filing it. i dont work so i cant afford a lawyer. The husband lives in Texas now with the child and wont send him to visit me until we have a legal agreement between us. Can you help me?

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DakotaLegal's picture

 

 
There are several ways to get a custody and divorce settlement agreement with your spouse, and in a more affordable way. Two complications are (a) whether you and your husband can come to fair agreements on major issues and (b) that there differences between using Texas and Florida laws. Let’s start with some affordable options for you.
 
 
Affordable Legal Options
 
Be careful that in trying to save costs, you don’t give up your own important legal rights. A major factor here is what your plans and wishes are for permanent custody. Do you want full, physical custody? If so, your husband may be reluctant to send the child, since right now, you probably both have equal legal rights, before any petition is filed in court. The problem in delaying visitation is that a court will emphasize the best interests of the child, and this will include a stable environment. So, it may help the husband (who already has physical custody) to keep physical custody, the longer the child resides only with him.
 
In Florida, you can pursue four options to control costs.
 


  1. Free Legal Aid

 
Depending on your total income, and where you live, you can get either a free consultation or help in both the divorce and custody, by beginning here: http://www.floridalegal.org/
.

  1. Florida Pro Bono

 
The Florida State Bar (the lawyer’s statewide organization) has one of the country’s best free (called “pro bono”) services center. Here’s their address and information: http:// www.floridaprobono.org/.
 

  1. Law Clinics

 
Again depending on where you live, it might be possible for you to get help from an area law school. One program is in Gainesville, http://www.law.ufl.edu/ academics/clinics/civil, and another in Miami, http://www.law.miami.edu /clinics/index.php.
 

  1. Self-Help

 
This process of “self help,” if you can’t wait to get free legal help, can also jump-start the case. Court clerks may not be able to give you legal help in filling out the divorce kit, but they are usually great at being sure the forms are filled out correctly… http://www.fl courts.org/gen_ public/ family/self_help/legal_aid.shtml.
 
Compare Separation With Divorce
 
One way to make progress is to get some simple agreement in place. This may give you the advantage of avoiding major decisions for a while. Another advantage to getting formal, or legal separation instead of filing for divorce, is that it tends to have lower costs, and can begin the process of building a parenting plan that also works for the long-term.
 
Parenting Plans
 
As we’ll discuss, there is real value in trying to get the parenting agreement before worrying about the divorce. Here’s a place to learn what goes into a good parenting plan: http://www.flcourts.org/gen_public/family/forms_rules/995a.pdf (look especially for the information about a “Distance Parenting Plan”).
 
If you and your husband can reach agreements outside of court, a judge is likely to accept them. Keep in mind, no court wants a child to be used as a bargaining chip. This fact may hurt your husband’s case. But be realistic, too. Since you aren’t working right now, this will affect the ability of you to see your child.
 
Comparing Texas and Florida Law
 
There can be important differences based on which state’s laws you can use. There are issues about spousal maintenance, and whether either of you may be entitled to alimony. Here’s an overview of Texas custody laws (https://www.oag.state. tx.us/cs/parents/faq.shtml#take). Your filing for divorce in Florida may not be enough to establish final jurisdiction over the custody case. I don’t know how long or why the child ended up in Texas, so here’s a rule about that… http://www.lrcvaw .org/laws/flrelocation.pdf.
 
If both of you file in separate states, then the two states’ judges will schedule a conference to settle who should have jurisdiction over the case. It seems somewhat likely that the Texas court, with the child being there physically, will be able to take over the custody case. And it’s custody, not the divorce per se, that most concerns you. Still, the first filing does have some value. Here are your Florida court options… http://www.flcourts. org/courts/ circuit/circuit.shtml.
 
Finally, you may seriously consider whether your moving to Texas may be a good idea. Obviously, I don’t know the other factors that might go into this difficult decision: such as if you have other family in Florida? Most of what we discussed, including low-cost legal aid, can also be applied to being in Texas. But as we also discussed, there is a real risk to your case from delay, because your husband is developing the child’s stable home environment.

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DakotaLegal's picture

 

 
There are several ways to get a custody and divorce settlement agreement with your spouse, and in a more affordable way. Two complications are (a) whether you and your husband can come to fair agreements on major issues and (b) that there differences between using Texas and Florida laws. Let’s start with some affordable options for you.
 
 
Affordable Legal Options
 
Be careful that in trying to save costs, you don’t give up your own important legal rights. A major factor here is what your plans and wishes are for permanent custody. Do you want full, physical custody? If so, your husband may be reluctant to send the child, since right now, you probably both have equal legal rights, before any petition is filed in court. The problem in delaying visitation is that a court will emphasize the best interests of the child, and this will include a stable environment. So, it may help the husband (who already has physical custody) to keep physical custody, the longer the child resides only with him.
 
In Florida, you can pursue four options to control costs.
 


  1. Free Legal Aid

 
Depending on your total income, and where you live, you can get either a free consultation or help in both the divorce and custody, by beginning here: http://www.floridalegal.org/
.

  1. Florida Pro Bono

 
The Florida State Bar (the lawyer’s statewide organization) has one of the country’s best free (called “pro bono”) services center. Here’s their address and information: http:// www.floridaprobono.org/.
 

  1. Law Clinics

 
Again depending on where you live, it might be possible for you to get help from an area law school. One program is in Gainesville, http://www.law.ufl.edu/ academics/clinics/civil, and another in Miami, http://www.law.miami.edu /clinics/index.php.
 

  1. Self-Help

 
This process of “self help,” if you can’t wait to get free legal help, can also jump-start the case. Court clerks may not be able to give you legal help in filling out the divorce kit, but they are usually great at being sure the forms are filled out correctly… http://www.fl courts.org/gen_ public/ family/self_help/legal_aid.shtml.
 
Compare Separation With Divorce
 
One way to make progress is to get some simple agreement in place. This may give you the advantage of avoiding major decisions for a while. Another advantage to getting formal, or legal separation instead of filing for divorce, is that it tends to have lower costs, and can begin the process of building a parenting plan that also works for the long-term.
 
Parenting Plans
 
As we’ll discuss, there is real value in trying to get the parenting agreement before worrying about the divorce. Here’s a place to learn what goes into a good parenting plan: http://www.flcourts.org/gen_public/family/forms_rules/995a.pdf (look especially for the information about a “Distance Parenting Plan”).
 
If you and your husband can reach agreements outside of court, a judge is likely to accept them. Keep in mind, no court wants a child to be used as a bargaining chip. This fact may hurt your husband’s case. But be realistic, too. Since you aren’t working right now, this will affect the ability of you to see your child.
 
Comparing Texas and Florida Law
 
There can be important differences based on which state’s laws you can use. There are issues about spousal maintenance, and whether either of you may be entitled to alimony. Here’s an overview of Texas custody laws (https://www.oag.state. tx.us/cs/parents/faq.shtml#take). Your filing for divorce in Florida may not be enough to establish final jurisdiction over the custody case. I don’t know how long or why the child ended up in Texas, so here’s a rule about that… http://www.lrcvaw .org/laws/flrelocation.pdf.
 
If both of you file in separate states, then the two states’ judges will schedule a conference to settle who should have jurisdiction over the case. It seems somewhat likely that the Texas court, with the child being there physically, will be able to take over the custody case. And it’s custody, not the divorce per se, that most concerns you. Still, the first filing does have some value. Here are your Florida court options… http://www.flcourts. org/courts/ circuit/circuit.shtml.
 
Finally, you may seriously consider whether your moving to Texas may be a good idea. Obviously, I don’t know the other factors that might go into this difficult decision: such as if you have other family in Florida? Most of what we discussed, including low-cost legal aid, can also be applied to being in Texas. But as we also discussed, there is a real risk to your case from delay, because your husband is developing the child’s stable home environment.
RJasondeGroot's picture

You asked this question 5

You asked this question 5 years ago, and I hope that you have found some solutions in the meantime. It costs over 400 to file a divorce, but that might get waived by the clerk if you are indigent. I guess the very best thing that someone in your position can do is to contact legal aid in your community and see if you can qualify for services from them. If you do not, you will just have to save up and hire an attorney.