Frequently Asked Questions

Dear prospective client, thank you so much for your interest in my service.  Below is some information that might answer your questions or concerns.  If you still have questions, don’t hesitate to email me at floridasimpledivorce@gmail.com and I will be happy to get back to you.

My service is for uncontested divorces only.  This means that both of you have discussed the issues surrounding your divorce and are in complete agreement.  If you are not in agreement then you would be wasting your money using my service.  If you still have questions after reading below you can contact me at 844-344-5338 or 239-775-9146 and my email address is floridasimpledivorce@gmail.com.

 

HOW DO I GET STARTED

To begin, just go to the website floridasimpledivorce.com and select the divorce option that fits your situation.  For example, if you have no debts, property or children then you would select option 2 which is $200 plus court costs.  If you have any debts or property to divide, which can either be real property or personal property and you do not have any children, then option 3 is what you select.  Any divorce with children will be option 4.  Once you select your option there will be a few interview questions you will need to answer and this is what I will use to draft your documents. It is important that you answer those as completely as you can.  If I don’t understand something I will send you an email to clarify.   Once you submit your information and pay the drafting fee I will get your documents drafted and emailed to you.  This usually happens the same day but for sure within 48 hours.

HOW DO I RECEIVE MY DOCUMENTS AND HOW LONG DOES IT TAKE?

Typically, I have your documents drafted the same day as you place the order and pay the drafting fee.  If you have not received them within 48 hours please email me and ask about them.  Your documents come to you by email and will be in PDF format.  Rarely, but it does happen, the email I send you goes to your spam folder.  Please check there first if you have not gotten them on time.  If, for some reason, you can’t print off your documents, just let me know and I will snail mail you out a set.  Once you receive your documents and have reviewed them, you will print them off and follow the instructions in the cover letter I have provided you.  Once you have signed your parts you will then mail or deliver the documents to your spouse for them to sign their parts.  Once everything is signed by both of you, then you will send the documents to me for filing.  Typically, we can expect the divorce to be signed by the judge within 30 to 40 days from the date of filing.

DO EITHER OF US HAVE TO APPEAR IN COURT?

No, I take care of all of that for you.  As long as all the documents I drafted have been signed and notarized by both parties there are no court hearings.

WHAT HAPPENS IF MY SPOUSE REFUSES TO SIGN THE DOCUMENTS?

Unfortunately there will be little I can do at that point.  In an uncontested divorce both parties will have to voluntarily sign off on documents I draft.  If one party refuses to sign then essentially the divorce is now contested.  You would need to begin again with a contested action and seek advice from a local family law attorney as to prices and procedures.  Naturally I don’t file any documents until all are signed so if you have paid your “filing” fee up front, it will be refunded to you.   The fee for drafting your documents is used upon delivery of the documents to you by email.

MY SPOUSE LIVES OUT OF STATE OR THE COUNTRY CAN I STILL GET DIVORCED?

As long as one of you has been a resident of the state of Florida for 6 months prior to the date we file your divorce and as long as your spouse is ready and willing to sign off on documents I draft, I can help.  It does not matter which one of you is a Florida resident.  If you aren’t and your spouse is that will work as well.  Either party can be the petitioner.  You don’t have to be the resident to be the petitioner.

WHAT DOES “RESIDENT” MEAN?

In a divorce we have to show proof that one of the parties has been a resident of Florida for at least 6 months prior to the date I file your divorce.  Typically, the method of proof  I use to show the court you are a resident is by sending them a copy of your valid Florida Driver’s License which shows it was issued at least 6 months ago.  This can be your DL or your spouse’s DL it does not matter.  A valid passport works as well.  If you don’t have that then I provide you with an affidavit that a friend of yours can sign stating they know you and know you have been a resident for at least 6 months.

To become a resident of Florida, a person must establish a home or a permanent dwelling place and demonstrate the intent to make Florida the place of permanent legal residence. There is no fixed waiting period required before a person can become a resident. Simply produce proof of intent to establish residence by filing a sworn statement with the Clerk of the Circuit Court in the county where your new residence is located. There is a fee, and a driver’s license or other picture identification is required for recording the affidavit.

I CAN’T FIND MY SPOUSE

Since this is an uncontested divorce it requires both parties to sign off on documents. If that is the case then my service will not work for you.  You may still be able to get divorced but you will need to seek advice from a local full service family law attorney.

ARE THERE ANY HIDDEN COSTS?

The costs advertised on the website are the only costs.  You will pay your drafting fee plus the filing fee to the clerk and that is it.  If you decide you want to make some changes or adjustments to the documents after I have sent them to you then I charge a $75 redraft fee.  Of course any changes due to an error by me in drafting are free.

CAN I GET OUT OF THE FILING FEE?

If you choose to use my service you will have to pay the filing fee.  The reason is that even though it is possible to have that fee waived in cases of financial hardship, there is quite often a hearing required to determine the validity of it.  Since the prices I charge are based on no hearings, I would have to charge you more to attend one.  It will cost you as much for me to do that as the filing fee in the first place.

WHO DO I REPRESENT?

The Florida bar prohibits me from representing both parties to a divorce.  To do so would present the possibility of a conflict of interest.  Because of that, I would be representing the “petitioner” only  in this action and as such I would only be answering their questions and providing them with legal advice.

IS THIS SITE LEGITIMATE AND AM I A REAL PERSON AND ATTORNEY?

In today’s world you can’t be too careful.  There are a lot of scams out there and you have worked too hard for your money to have it stolen.  I have been practicing in the State of Florida since 1986.  My bar number is 592935 and you can go to Floridabar.org to locate me as a member of the bar in good standing.  I am the legal service provider for the Department of Revenue Child Support Enforcement division for 4 counties….Collier, Hendry, Charlotte and Glades.  I sat on the bench for 7 years as a traffic court hearing officer in Collier County.   I hope this gives you enough information to verify I am who I say I am.

WHAT DO I GET WHEN IT’S ALL OVER?

We provide the clerk with copies of the final judgment for each of the parties and once the judge signs off on your divorce those will be mailed out by the clerk to both parties.   Sometimes clients ask for a “certified” copy of the divorce.  That is something that contains the official clerk’s seal/stamp.  That needs to be ordered from the clerk directly.  If you email me I can provide you with their ordering info.

WHAT IS MY REFUND POLICY?

Once your documents have been drafted and emailed to you the drafting portion of your fee will be completed.  At that point if you decide not to proceed with the service that portion of the fee will not be refunded.  If you have paid the filing fee, that will be eligible for a refund at any time up to the point where your documents have actually been filed.  That money goes to the clerk so once it is filed they will not refund it for any reason.  I have no control over that.