Legal Question in Family Law in Florida
Uncontested Florida Diss. of Marriage
My wife and I need a dissolution before her unborn child (not mine - sep 2 yrs) is due (08 Sep. 2009) and I must file Pro Se because I cannot afford an attorney (Legal Aid refused to help). We are amicable and have agreed on all terms, including: having service effected by mail and waiver and to disestablish paternity, both parties forever waive rights to any kind of support, and since we are both unemployed, simply to retain what minor assets each has and assume responsibility for our respective debts without discovery beyond the minimum required affidavits. I have gone over the Florida Family Law and Civil Rules of Procedure and have access to downloadable forms from the county website where I will be filing (Escambia) and have contacted an affordable local notary. Before I proceed, can anyone give me a step-by-step of which version of the forms needs to be filed (with children or with no dependent/minor children?), in what order to file them and effect service and how to ensure as few delays as possible? How can any councelling and filing fees be waived, if any? Thanks in advance; we are pushing the time limit and need to start ASAP. I got Forms and Rules from: www. escambiaclerk. com/clerk/ coc_dissolution_of_marriage. aspx
1 Answer from Attorneys
Re: Uncontested Florida Diss. of Marriage
You've asked too big a question to be answered here, but essentially you need to file the forms for an uncontested divorce with children. You don't need to serve your wife if she files an "Acceptance of Service," which is in the forms packet. You can buy one of those "File Your Own Divorce in Florida" books to help you with everything else except:
You have one BIG PROBLEM - there are no forms for disestablishment of paternity. In fact, I always tell people it's crazy to do this procedure without a lawyer. If you make a mistake, you could end up paying child support for 18 years on a child that isn't yours.
You could possibly find a form for disestablishment of paternity on the internet somewhere (I've never checked), but you'd still be taking a great risk by doing this without a lawyer.
You should at least pay a lawyer to go over your forms once you've created them.
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