Divorce is a life-altering event that can provoke intense emotions, anxiety, and confusion. The legal process of divorce often feels like navigating a labyrinth of paperwork, legal jargon, and emotional upheaval. Tina Keyes, a divorce mediator from Florida Divorce Coaching and Mediation, and Franchesca Kerr, a seasoned legal document preparer from Legal Document Services of Central Florida share their insights on how to traverse the challenging terrain of divorce, especially for those who wish to avoid the prohibitive costs of hiring an attorney and instead take a self-represented route.
Introducing Franchesca Kerr and Her Role
At the outset, Tina introduces Franchesca, who provides affordable services to self-represented litigants. As a legal document preparer, Franchesca assists clients in preparing necessary forms and understanding their options throughout the divorce process. The key takeaway here is her emphasis on affordability and accessibility, crucial aspects for many families navigating divorce without extensive legal support.
What Does a Legal Document Preparer Do?
Franchesca demystifies the distinction between a paralegal and a document preparer:
"A document preparer will assist self-represented litigants to prepare the forms they need for a divorce. A paralegal works under the supervision of an attorney."
In Florida, legal document preparers are not permitted to refer to themselves as paralegals unless they work directly under an attorney. However, they possess similar skill sets, including experience in legal studies and document preparation. This distinction is crucial for self-represented litigants who might be unsure whether they need an attorney or can manage with the guidance of a document preparer.
From Mediation to Paperwork
Tina and Franchesca delve into the practicalities of the divorce process, emphasizing the importance of mediation in resolving conflicts amicably. Tina, a mediator, highlights:
"A big part of the work I do is to help clients get through divorce amicably, without going to court."
Once mediation fosters a mutual understanding, Franchesca steps in to assist with the formalities, such as preparing the petition, submitting forms, ensuring all necessary documentation is in order and following up with the court on progress. This collaborative approach not only simplifies the process but also reduces the emotional and financial burden for the clients.
Challenges and Pitfalls of Self-Representation
Self-represented litigants often stumble upon technical and procedural hurdles. Franchesca lists common issues:
"Clients try to file documents themselves but struggle with the Florida Court E-Filing Portal. Sometimes they don’t know how to format the PDF or miss required forms."
Another major hurdle is following up on the case. Many litigants find the court system opaque and struggle to get timely updates on their case status. Franchesca frequently assists clients in navigating these procedural aspects, ensuring that nothing falls through the cracks.
Paperwork needed to get a Divorce
Finalizing a divorce in Florida requires you to prepare several documents, and understanding this paperwork is crucial. The most common required documents include:
Financial Affidavits: Detailed financial statements, which can be waived from filing with the court but still need to be exchanged between parties.
Parenting Plan: Needed if there are minor children involved; Typically drafted and worked through in mediation
Marital Settlement Agreement: A comprehensive agreement covering all financial arrangements including child support, alimony and division of assets and liabilities; Typically drafted and worked through in mediation
Then, there is another huge checklist of court forms that need to be completed, notarized and filed in order to actually reach a final judgment and “get divorced”. This is where a Document Preparer like Franchesca comes in to the picture.
The Importance of Professional Guidance
While the court provides basic information and forms, it often lacks the capacity to offer personalized assistance. Franchesca emphasizes:
"Courts have limited resources. They can’t sit with someone and guide them through filling out paperwork step-by-step."
This limitation underscores the value of document preparers like Franchesca who can provide focused, personalized guidance without the high costs associated with hiring an attorney.
Post-Divorce Modifications
Life circumstances change, and so too can the terms of your divorce. Franchesca covers the process of modifying divorce agreements, such as child support or parenting plans:
"Clients can file a supplemental petition to modify their parenting plan or child support, but they need to show a significant change in circumstances."
Such modifications might be necessary due to job loss, relocation, or changes in financial status. Franchesca outlines how she assists clients in filing these petitions and understanding the legal requirements for modification.
Divorce can be affordable
Both Tina and Franchesca stress the importance of spreading awareness about affordable, accessible legal assistance. They highlight that many people are unaware of alternatives to expensive attorney retainers, which can easily run upwards of $3,000-$5,000 per spouse. Tina remarks:
"Most people think their only options are going to court by themselves or hiring costly lawyers."
Tina clarifies that there are ways to bring attorneys into certain important conversations or issues in a consultative capacity without necessarily involving them in every conversation. She further explains that many clients don't have the resources to bring in expensive lawyers even when they want to , so it is critical that those clients know there are alternatives out there.
Franchesca adds that even with attorney involvement, legal document preparers can be a valuable resource for managing the extensive paperwork and ensuring everything is correctly filed.
Empowering Self-Represented Litigants
Navigating divorce as a self-represented litigant is challenging, but not impossible. Divorce is inherently stressful, but with the right support and information, navigating it as a self-represented litigant can be a feasible and even empowering experience. Involving mediators and legal document preparers can transform an overwhelming process into a manageable one. This approach not only makes the process more affordable but also empowers individuals to gain a sense of control and clarity during one of life’s most challenging transitions.
Contact information for Franchesca Kerr:
website: www.legaldocumentservices.com
Contact information for Tina Keyes:
website: www.floridadivorcecoaching.com
Link to Seminole County checklist discussed in the video!
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