Given the increasing cost of litigation associated with divorce in Florida, many who wish to dissolve their marriages are seeking a cost effective way to obtain a divorce without spending considerable sums of money. A web search reveals a host of options, many of which seem simple but are rather impersonal. For instance, in a process known as online divorce, papers are prepared based on information provided by the participant. The party is then provided with the forms which must be filed with the court, and, at that point, the person is left to fend for him/herself. For those who are wary of proceeding alone in the unfamiliar terrain of a divorce proceeding, the following are a few options for simplifying the process without resorting to do-it-yourself methods.

Simplified Dissolution

A simplified dissolution can be used where there are no minor children, the wife is not pregnant and neither party is seeking alimony. As with any divorce in Florida, at least one of the parties must be a Florida resident for at least six months prior to the filing. In a simplified dissolution, the parties both agree that the marriage cannot be saved. The parties exchange financial affidavits and agree not to pursue additional discovery concerning each other’s finances. Both parties also agree not to seek alimony and waive their right to a trial or appeal. The husband and wife jointly file a petition, along with their financial affidavits and a settlement agreement which divides up all assets. The parties both appear at a final hearing and present the judge with a proposed final order. If all the above requirements are met, the judge will sign the order and the divorce will become final.

While the parties can prepare and file a Petition for Simplified Dissolution on their own, they can also retain lawyers to advise them on how to divide up assets and liabilities and/or to draft the Petition, affidavits and/or settlement agreement, usually for a relatively small fee.

Mediation

Practically anyone who has been involved in a lawsuit has been sent to mediation. What many people don’t know is that mediation is available even prior to a lawsuit being filed. This is also true in the case of divorce. A husband and wife who plan to divorce can agree to attend mediation, either by themselves or with attorneys. The parties can work out an agreement which resolves their issues and reduce that agreement to writing. Once this is accomplished, the parties can file a Simplified Petition, if they meet the above requirements, or one of the parties can file a Petition for Dissolution, attaching the agreement reached by the parties, the other party can file an Answer and the parties can quickly proceed to a final hearing.

Unbundled Legal Services

At times, it isn’t possible for parties to reach an agreement and there is no choice but to proceed through the family court. This is often too expensive for many individuals. In order to allow parties access to the court and access to a lawyer to the extent they can afford one, lawyers are permitted to enter a limited appearance in an action for divorce. In this instance, the attorney agrees to represent the parties in some, but not all, of the issues. This option allows a party who is unwilling or unable to pay for complete representation to obtain legal assistance for those portions of the divorce process that are most difficult for him/her. For instance, a husband or wife can obtain the services of an attorney for drafting pleadings, research or responding to discovery matters. The attorney’s limited representation is clearly outlined in the Notice of Limited Representation filed by the attorney. The party acts on his/her behalf on all other matters not covered by the scope of limited representation.

Those facing a divorce are often presented with the often costly and nearly always daunting task of navigating a legal system which is usually unfamiliar to them. Persons seeking a divorce or who have been served with a divorce petition are encouraged to discuss these options with an attorney to determine which is the best option for their particular circumstances.