According the American Psychological Association, the current divorce rate in the US is between 40% and 50%. The divorce rate among those who remarry is even higher. This article isn’t about divorce rates or other related statistics. What this article addresses are the unfortunate, costly, and entirely avoidable mistakes people make when attempting to proceed with a divorce without an attorney. If there are marital assets or there are children involved, the divorce process is far more complicated than most people realize. The advantages of having counsel to help guide you through the process can not be overstated.
Given the access to online resources of information related to Florida family law matters, some people decide to proceed without an attorney. The decision to proceed without an attorney is made for numerous reasons. The main reason for not retaining counsel is financial. Many people don’t believe they can afford an attorney. Unfortunately, not everyone knows they may qualify for a payment plan.
While we’re not suggesting that anyone remain in a marriage where physical or mental abuse takes place, or a marriage in which any other circumstances exists that puts them at risk, proceeding without an attorney is never advisable. With few exceptions, going through a divorce takes an emotional and mental toll. If minor children are involved, the emotional and mental toll increases exponentially. No one makes rational decisions when emotional. Even attorneys are advised against representing themselves. They’re emotionally attached to the matter. This emotional attachment clouds the judgment of an attorney just as much as it would someone in a different career. The saying, “an attorney who represents himself has a fool for a client,” is well known in the law profession.
Going through a divorce when children are involved is often an emotionally painful process. One that can often be fraught with power struggles, receiving less than kind messages, and never seems to end soon enough. We often see mistakes made when the parenting plan is completed by a divorcing couple proceeding without an attorney. The mistakes predominantly come about when children are involved. The problem is that these mistakes are not only avoidable, it costs more to go back and seek to correct them than it would have if the mistake had never been made in the first place. For example, a parenting plan is comprehensive. Completing the plan involves details including but not limited to: each parent’s right to make decisions concerning education, medical care, obligation to maintain health insurance, visitation schedule, and the amount of child support. Whether a deviation from the child support guidelines will be made or not is addressed. Even understanding how the child support guidelines work can be confusing. Parties seeking a divorce will be ordered to undergo a mediation before they appear before a Judge. The mediator will work with the parties to reach an agreement concerning all matters. If the parties can reach an agreement, the parties will sign the dissolution of marriage documents. These documents will then be presented to the assigned Judge. If the divorcing couple is lucky, everything they anticipate happening after their divorce is finalized will occur. If the divorcing couple is anything like the vast majority of couples, what they anticipate happening and what actually occurs are quite different. This difference simply creates more conflict. This conflict creates problems for each partner and it’s a undue burden on the children. These conflicts and mistakes can be avoided. Seeking the advice and counsel of an attorney with experience in family matters is an investment in both your own well – being and is in the best interest of your children. The fewer the problems after a divorce, the better it is for any minor children; resulting in honoring the best interests of any minor children.
Please call our office today for a free consultation. We can be reached at 727-312-3748 or through visiting www.bettercallbrendan.com We’re conveniently located on Main Street in downtown New Port Richey. Our address is: 5435 Main Street, New Port Richey, FL 34652.
