This article is for the person that wants to file their divorce without an attorney. It is not a complete guide but more of a jumping-off place and will give you some tips and suggestions on doing your divorce. This will not be an exhaustive list by any means, so hopefully, between this information and other sources, you can get what you need to start your Pro Se Divorce in Santa Rosa County, Florida. This article deals only with the physical paperwork of filing for divorce and does not deal with legal requirements such as seeing a counselor or having things like custody agreements worked out.
First Step: Make Sure You Are Eligible To File A Pro Se Divorce
Here are some general guidelines to determine if someone can file a divorce. These are general guidelines for filing pro se divorce only and not complete legal requirements.
Do you want to get a divorce? If you do, then this article applies to you. You have two options when it comes to filing your divorce. One is the Pro Se Divorce, which is what this article covers, and the other would be getting divorced with an attorney that does all the work but charges less than if you did it yourself (the putative pro see). However, before proceeding further, let me tackle some objections to clarify some confusion about exactly what getting a Pro Se Divorce means. This article gives you what is required to file your divorce according to the law, no more and no less. This article also does NOT deal with child custody or any other issues involving children. There are whole books written on that topic alone, so I will stick to filing Pro Se without getting into all of those topics for this article.
In Florida, a Pro Se Divorce is a divorce where the parties represent themselves. To file a “Pro Se” divorce means that you and your spouse do not have an attorney to represent either party in court.
It just does not work out for some couples, hence a divorce. The Supreme Court of Florida and Florida family law allow individuals to represent themselves in court and have provided packets to assist them. These packets have the general information that the couple would need. When you represent yourself in court for a divorce proceeding, it is called pro se divorce. If you wish to go through a divorce in the state of Florida, bear in mind that you must be a resident for six months before the divorce petition.
The self-help packets in the Supreme Court of Florida are purchased at the cashiering station. Let them know to enroll you as an indigent and give you a payment plan if you cannot pay.
Mediation is a form of alternative dispute resolution. Some couples may mediate instead of litigating their divorce case. If you and your spouse agree on some issues but not others, or you think that you can work things out with the help of a neutral third party, mediation might be right for you.
A court may order a couple to mediation, or the spouses can voluntarily agree to it. Mediation is a non-adversarial alternative to divorce litigation, meaning that the parties work together instead of battling things out in court. Couples do not have to get along ideally for mediation to be effective. Mediators receive special training to help assist parties to work out their differences peacefully. They use a fair and straightforward approach to identify the issues that need to be resolved, assess the strengths and weaknesses of each side, and encourage compromise between the parties so divorcing couples can avoid the emotional and financial costs that are often associated with litigating their divorce.
Some of the main advantages to mediation are:
Florida courts encourage and often prefer for cases to be mediated because it helps prevent the courts from becoming overwhelmed with cases that can be handled more efficiently in a different manner. Therefore, nearly any type of legal issue that is part of a typical divorce case can usually be resolved in mediation, including:
While mediation is an effective alternative to litigation, it is not always suitable for everyone. For example, if child abuse or domestic violence are involved, mediation may not be appropriate. Additionally, suppose one spouse is in an inherently more vulnerable position, such as never having managed the couple’s finances before or suspects the other spouse is hiding assets. In that case, mediation may not be the best option. We can discuss your particular circumstances and explain how we can help.
If you are looking for help with your dissolution of marriage or processing your divorce, Stewart Hudson can help you. We have been helping clients for Pro Se Divorce in the following counties in northwest Florida:
Pro Se Divorce means you will be representing yourself in court, so you are not getting a lawyer to do it for you. However, there is a filing process, and there are specific guidelines and procedures that you must follow. Call or email Stewart Hudson today at 850-220-3099 to book an appointment to help you with the pro se divorce filing preparation, forms, and other methods.
Santa Rosa County
Located in the northwestern region of Florida, Santa Rosa County is home to many different communities and attractions. The most populated one in Navarre, with around 45 thousand people! There’s also Gulf Breeze which you might recognize from television commercials for years now because it was where Dukette Products launched their successful “I Want” campaign back when they started as an advertising agency.