Kevin Legal Advice

In family law circles, the old joke that it’s cheaper to keep your spouse than to divorce him or her still makes the rounds. It applies as much to the amount you will spend in lawyer’s fees for a divorce as to how much of “your” assets will be shared with your soon-to-be “Ex.”

Although most divorces will not be like The Donald and Ivana Trump divorce, the reality is that even a “simple” divorce can cost you quite a penny unless you’re willing to put some effort and use resources which courts have in place to help those who want to represent themselves–known as pro se parties. Just about every state has forms available to help you get your divorce without having to hire a lawyer. Florida is no exception, and the Florida Supreme Court has provided forms for use in family cases, including divorce. They have tried to be as straight forward as possible without using “legalese.” Still, many people find them cumbersome and extremely time-consuming. Although the forms can be downloaded for free from flcourts.org, many Florida courts charge for these forms, sometimes as much as $50.00–not exactly an exorbitant fee were it not for the fee paid to the same court for filing a divorce in Florida, currently $364.00; and you still have to pay the sheriff’s fee for serving the spouse!. To make matters worse, some internet sites offer the same exact forms for around $7.00.The end result is that the very people who are meant to be helped by the forms are usually driven to hire a lawyer, if only to save themselves time and aggravation in completing the forms.All the things you would hire a lawyer for to assist you in your divorce case can be done by you, even the mediation part. Mediation is an alternative to a trial, and whether you have a lawyer or not, you will be required to go to mediation prior to a trial if you and your spouse do not agree on any issue—you don’t have to agree, but you do have to attend a mediation session. Like the rest of the nation, Florida courts have mediation units for use by all parties, represented or not.

But there’s more to divorce than just forms. 

(c) Vivian Rodriguez

Everyone has horror stories about the Vallejo divorce process. People say that it takes years. People talk about spending huge and unexpected amounts of money on Vallejo family law firms. You hear about many instances where the divorce has harmed relationships with children, family, and friends. Many find that child support payments cause them to live as frugally as students until their children’s emancipation. Post-divorce problems can linger for years, even for a lifetime.

In a mediated divorce, the two divorcing parties meet with one mediator (usually, but not necessarily a service offered by Vallejo family law firms). You meet with a Vallejo family law firm a number of times. The Vallejo family law firm will to address and try to resolve the issues in your divorce. Vallejo family law firms hired in this capacity do not represent either of the parties. The Vallejo family law firms must be (and must be viewed by the parties as) an impartial, objective, fair third-party.

A mediated divorce (using advocate lawyers at relevant points) is the Camry of divorces. It’s solid, safe for the most part, and it can do almost everything you want. But the collaborative divorce is like a Prius. It has the most advanced resources at its disposal. It’s groundbreaking, and it can turn a sometimes dirty process into something that is a lot better for the environment.

The premise of collaborative divorce is to resolve the divorce though a series of meetings between the clients and their respective Vallejo family law firms. These four-way meetings, are actually what the courts require litigants to do prior to the trial in a litigated divorce.

So.., the main difference is that instead of you, your spouse and a Vallejo family law firm, you have you, your spouse and two Vallejo family law firms – one for each of you. The benefits of collaborative law are great. Better, more workable, and longer-lasting solutions are generated. Relationships with family are preserved. It is generally not more expensive than mediated divorces (with the advocate attorneys’ critical involvement.) It is generally much less expensive than litigated divorces.

I hope your brain isn’t spinning too much at this point. But here’s it in a nutshell, you can

– mediate

– have a collaborative divorce

– create a separation agreement.

– duke it our in court.

The first three are usually the best.

Before filing your dissolution, contact multiple Vallejo family law firms – or better yet, fill in our contact form and let us give you a list of the best Vallejo family law firms for your particular case. Divorce is quite emotional but, the court sees it strictly as a legal matter. The law is designed to be fair, and that’s all Vallejo family law firms are trying to do. Help you create a fair settlement.

It might be worthwhile to consult with our Vallejo family law firms. Fill out our contact form and let us help you.

A definition of terms commonly associated with divorce and family law in the UK.

Affidavit – a formal statement made under oath in court.

Ancillary Relief – financial orders that a court can make in addition to a petition for divorce.  Applying to England and Wales, ancillary relief is a financial claim brought by a spouse through the courts when petitioning for divorce.

CAFCASS – Children and Family Court Advisory and Support Services.  A meeting with a CAFCASS officer will be arranged if an application to the court is made for any order affecting a child, such as contact or residence.

Civil Partnership – the Civil Partnership Act 2004 means that same sex couples may now register their partnership and acquire rights and responsibilities similar to those of a married couple.

Clean Break – a one off order that outlines financial arrangements between a husband and wife.  There can be no subsequent claim for maintenance even if circumstances change.

Conciliation – a type of mediation that takes place in court and helps couples to sort out arrangements for their children.

Contact – the arrangement for a child or children to visit the parent who no longer lives with them after the divorce has taken place.  Contact can also refer to indirect contact such as phone calls and letters.

Cross-petition – a situation where the arguments put forward as grounds for divorce differ between the Petitioner and the Respondent.

Decree Absolute – Follows the decree nisi and is the final order issued by the court bringing a marriage to an end.

Decree Nisi – a provisional order issued by the court.  The decree nisi is the first stage of the divorce and shows that the court is satisfied that the grounds for the divorce have been established.

Disclosure – the process of providing to the court full financial details about a person’s income, assets and liabilities.

Injunction – a court requiring or preventing a person from taking an action.  Penalties are generally set in place for people not abiding by the order.

Joint Tenancy – a form of shared ownership of a home or other property.  When two or more people own a property as joint tenants and one owner dies the other owner automatically takes ownership of the deceased owners share.

Maintenance – the money one spouse pays to the other for ongoing financial support.

Mediation – a process in which an impartial third person assists those involved in a divorce to reach an amicable agreement.

Occupation Order – a court order confirming or denying an individual’s right to occupy a property.  The occupation order can exclude a spouse from a home or a certain part of it.

Pension Sharing – the division of a pension fund between two spouses.

Petition – a document outlining a request for a divorce.

Petitioner – a person who initiates divorce proceedings by filing a divorce petition at court.

Premarital Agreement – a formal written agreement entered into by a couple before marriage setting out how assets will be split in the event of divorce.  Also known as a prenuptial agreement.

Residence Order – a court order that states where and with whom a child will live after the divorce of their parents.

Separation Agreement – a written agreement set out by a couple recording the financial agreement that they have reached.  A separation agreement will normally be upheld by a court but it may be set aside if there has been a significant change in one party’s circumstances.

Statement of Arrangements for Children – sets out proposed arrangements for children after the divorce.  The form is sent to the court along with the divorce petition.

Without Prejudice – a way of preventing the court from knowing about any prior negotiations between a divorcing couple that did not result in an agreement.