Divorce Trends in Florida

Like other states around the country, Florida is experiencing an explosion of people handling their divorces without attorneys. Divorce laws are complex and difficult to understand if you are not a lawyer. Many people representing themselves (pro se litigants) cannot afford legal services and do not qualify for free or pro bono representation. Other litigants have the ability to pay, but choose not to hire lawyers.

The explosion of pro se litigation led to a change in rules governing the practice of law in Florida. Lawyers are now allowed to "unbundle" their services to help a client deal with only a portion of a divorce case. Legal services are more affordable when services are unbundled. A lawyer could be hired to draft a separation agreement, for example, but not to appear at an uncontested hearing for divorce.

Florida lawyers have not rushed to market with unbundled services. Until the public demands unbundled services, lawyers will resist.

Howard Iken, a family law attorney in Florida, compares today's legal climate to medicine as it was practiced years ago before patients could walk into a clinic, see a healthcare professional, and walk out with a prescription without delay. Lawyers need to deliver services with the user-friendly attitude, says Attorney Iken with the zeal of a true believer in consumer rights.

Attorney Iken also sees benefits in establishing a standardized approach to alimony like the child support guidelines to lend predictability and consistency to alimony orders. Alimony is now highly variable, depending on the judge, county, and case.

Attorney Iken suggests assigning points to each of several factors, like length of marriage, ability of the parties to earn a decent living, and standard of living during marriage. The points would be added up, and translated into a dollar amount. The point system still allows judges to weigh the evidence, but establishes parameters that prevent inexplicable and unpredictable highs and lows.

Divorce and alimony should be like McDonald's or Wal-Mart – reliable, standardized, predictable, and consistent wherever and whenever you show up at the courthouse.