Showing posts with label Yourself. Show all posts
Showing posts with label Yourself. Show all posts

Saturday, April 14, 2012

Reasons Hiring a Miami Divorce Attorney is Better Than Representing Yourself




If you’ve decided to get divorced, you’ve already made one big decision. Now, you have to make another decision—whether or not you want to hire a Miami divorce attorney. If you decide not to hire a divorce lawyer, you’ll be faced with representing yourself during your case. This might seem like the affordable way out as you won’t have to spend money on hiring a lawyer, but make no mistake, representing yourself during your divorce has its own set of unique challenges. Why is hiring a Miami divorce attorney preferable to representing yourself? Let’s count the reasons. • Preparing your own paperwork is hard—There’s a lot of paperwork that goes into getting divorced. The clerk requires certain forms to be filed in order for a case to be accepted, including a civil cover sheet, related cases statement, petition for dissolution of marriage and other documents that are required not by statute or Florida Supreme Court rule, but by local administrative rule or administrative order. Preparing these papers takes a lot of time, and they can be confusing. With an experienced Miami divorce attorney handling your case, you’ll have someone who can thoughtfully prepare and file all papers for you. This saves you time and makes the case much simpler for you.



• You’re too close to your case—Emotions are running high during any divorce, even a peaceful uncontested divorce in Florida. That’s okay, it comes with the territory. However, since you’re part of the emotional whirlwind of your divorce, you’re not in the best position to handle your own case. You’re too close to it to make rational decisions. With an experienced Miami divorce attorney on your side, you’ll have someone representing you who can make unbiased decisions that are based on sound reasoning rather than fleeting emotional impulses. • Mistakes could cause your case to get rejected—Remember what we said about all of the paperwork that goes into filing for a divorce? Well, if you make any mistakes in preparing or filing these papers, the clerk could decide to reject your case. This doesn’t mean that you can’t get divorced, it just means that you basically have to start all over. You have to refile your papers and pay the fees for doing so once again. It’s time-consuming and costly. With an experienced divorce lawyer, you won’t have to worry about mistakes. Your case will get filed properly so you can move forward as quickly as possible.



• You don’t know the law—Let’s face it—you’re not a lawyer. Lawyers go to school for years and practice law on a daily basis. They know all of the Florida family laws involving divorce cases, you don’t. Their expertise and insight is a valuable asset that can help ensure you get the best possible outcome to your case. There are a lot of good reasons to hire an experienced Miami divorce attorney. So if you’re thinking about representing yourself, take a step back and consider the challenges of doing so. Find Tampa divorce lawyers and Jacksonville Florida divorce online.


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Monday, April 9, 2012

California Divorce Forms - Can You Fill Them Out Yourself




Since I started the self-law movement in Berkeley, California in 1971, millions of couples have successfully filled out and filed their own California divorce forms, so you can almost certainly do it too. After reading this article, you'll know how to get started.Doing your own California divorce is about a lot more than filling out and filing the California divorce forms. The real work is in the process--thinking things through, making decisions, and working out an agreement with your spouse.But with that said, filling out the official California divorce forms is an important part of the process, so this article will tell you how to get started.First, be sure you are using the official California divorce forms, published by the California Judicial Council. There are quite a few of them, and they are all numbered. Most of them start with FL which stands for Family Law. For example, the Petition, which is one of the first forms to be filed, is FL-100. You don't need to fill out all of them. Just use the California divorce forms that apply to your case.At the top of most of the California divorce forms is a heading called a caption. You will need to fill in the fields described in the following three bullet points."Attorney or Party Without Attorney" field. This is the field at the top of the caption. Since you are filling the forms out yourself instead of paying an attorney to do it for you, you will type "In Pro Per" where the name of the attorney goes. This is abbreviated Latin, meaning you are appearing for yourself, without an attorney. In some states, they use "pro se" instead of "In Pro Per", but not in California. You will also type in your name, address, and telephone number in this field.



"Superior Court of California" field. Call the County Clerk's Office, Civil Filings desk, and ask which branch you should file in, and the name and address for that branch. Type that information in this field, using capital letters for the name of the county in which you file. You can do an internet search on "California Superior Courts" to find a list of these courts and their locations.



"Marriage of" field. Here is where you type in the names for the Petitioner and the Respondent. The Petitioner is the person who first files the divorce papers. The Respondent is the other spouse. While not required, it's best to use the full names. Type the names in capital letters, in the normal order--last name goes last.The person who starts the divorce is called the Petitioner. This persons files the Petition (form FL-100) and the Summons (Form FL-110) with the Clerk at the appropriate courthouse. The Summons is one of the few forms that does not have a caption at the top.If the divorcing couple has minor children, the Petitioner will also have to file a form called "Declaration Under UCCJEA" (form FL-105). UCCJEA refers to the Uniform Child Custody Jurisdiction And Enforcement Act.Furthermore, if the Petitioner needs to join a retirement plan or fund to the filing, it's best to do this when filing the other forms describe above by filing a Joinder, which involves a few extra California divorce papers.


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Representing Yourself In An Uncontested Divorce




If you and your spouse have decided that your marriage is over and you want to dissolve your marital union with an uncontested divorce without involving divorce lawyers then you are not alone, for example, in Florida, about 60 percent of uncontested divorce couples represent themselves. This article will show you the general process in obtaining an uncontested divorce. An uncontested divorce means that you and your soon to be ex spouse are in agreement on the terms of the divorce if you or your spouse disagree on the terms of the divorce I recommend speaking to several divorce lawyers. There are many things that you may not have thought about until now such as how will your property be separated? If you have children how will the custody be shared? Who will pay child support? If custody is shared who pays child support? Will either party be requesting alimony? Do you or your current spouse have any loans together? Who will keep the house? What about the car? Usually once these situations have been discussed divorce lawyers are called, as many couples just cannot agree on who gets what or who owes who and how much.The Pros of uncontested divorce:Prosa) An uncontested divorce is a much faster process than a contested divorce as an uncontested divorce takes months, and a litigation divorce can be a long drawn out process it may even take years.b) Cost is a huge factor in an uncontested divorce as there may be no divorce lawyers so there may be no attorney fees charged.The divorce laws are different from state to state. You should contact local divorce lawyers for advice and as a back up just in case the terms change. Also look at your state divorce laws and what the divorce process entails in your state. To start divorce proceedings you will need to go to your local court house and file the initial forms to start your divorce.Here are the steps to file an uncontested divorce. These may vary from state to state.Step 1: You and your spouse will need to go to the court house to fill out the initial start of the divorce petition and forms. Also check with local divorce lawyers just in case your ex spouse changes is or her mind about an amicable divorce.Step 2: Now you will have the divorce papers served to your spouse. You may do this with a couple of different methods, including waiver of service, but most experts agree a certified mailer with a USPS return receipt is the most sufficient method to serve your divorce papers. If your spouse is in the army then you will need to call around to find divorce lawyers who specialize in military divorces as this is a whole different process.What do you do if your divorce papers cannot be served? You will need to file a default finding. If your spouse is missing you will need to try to find them. You will need to document all methods that you have tried to find them.Step 3: An agreement has to be made such as how any property or past bills are split up. Verbal agreements cannot be enforced. You will need to make sure that you put everything in writing. You will put together a complete settlement agreement for the dissolved marriage. If you start to disagree or the whole settlement is falling apart it is time to call divorce lawyers. The marital settlement agreement is the last step to dissolving your marriage. Even if you both decide to forgo divorce lawyers you may want to have one look over your legal decree and point out any areas you both may have missed. Do not sign anything until you both completely understand the terms. Once this last document is signed your divorce can be finalized.Step 4: Upon the completion of the terms and the signing of the marital settlement agreement you will need to file it at the clerk of the courts. This document will be a part of your divorce decree once the judge agrees to both of your terms she or he will declare you officially divorced.These steps are just a generalization of the uncontested divorce process and are by no means all that you need to know, the only definitive way to be sure is to call around to different divorce lawyers and set up appointments.


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