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Robert
Robert, Attorney
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I want to start completing the necessary documents to start

Resolved Question:

I want to start completing the necessary documents to start the divorce proceedings. Which form do I file if both spouses agree on the divorce, there will be no property settlement, no alimony, but a disagreement on child support. She wants $2,000 per month for two children and the calculator calculates a monthly amount of $895. I've asked for monthly expenditure breakdown for a year and she has not provided one. Thanks.
Submitted: 2 years ago.
Category: Family Law
Expert:  Robert replied 2 years ago.
Hello and thank you for choosing JustAnswer!

Which state are you both located in?

Once I have more information I will be glad to help.




Robert
Customer: replied 2 years ago.

Florida

Expert:  Robert replied 2 years ago.
Thank you for your follow-up.

Since you and your spouse cannot agree on child support the divorce will be a "contested" divorce.

You can access instructions and the forms you will need to use at the following link:

http://www.flcourts.org/gen_public/family/forms_rules/index.shtml

You may also be interested in the descriptions of the florida divorce process and additional instructions contained within the following link:

http://www.ehow.com/how_6637180_immediate-divorce-florida.html

http://www.ehow.com/how_8196531_doityourself-divorce-florida.html

http://www.ehow.com/how-does_5031912_divorce-process-florida.html

I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,



Robert

While of course not required, a bonus is greatly appreciated if I have been particularly helpful. To request my assistance again in the future, please go to the following link and enter your question on my profile page:

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Customer: replied 2 years ago.

I did not ask if the divorce is contested or not. I asked what the forms required to commence proceedings were.


 


Also, am I allowed to represent myself in a contested divorce in Florida?

Expert:  Robert replied 2 years ago.
Thank you for your follow up. Sorry for including extra information indicating that the divorce will be contested. It was not clear from your question that you were aware of this.

The form you will use is 12.901(b)(1) and it, along with instructions, can be accessed at the following link:

http://www.flcourts.org/gen_public/family/forms_rules/901b1.pdf

I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,



Robert

While of course not required, a bonus is greatly appreciated if I have been particularly helpful. To request my assistance again in the future, please go to the following link and enter your question on my profile page:

http://www.justanswer.com/law/expert-askrobert/
Robert, Attorney
Category: Family Law
Satisfied Customers: 1412
Experience: I am a licensed Attorney.
Robert and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

please address the second question, am I allowed to represent myself in a contested divorce in Florida. Thank you.

Expert:  Robert replied 2 years ago.
Yes you are allowed to represent yourself in a contested divorce in Florida. If your spouse is represented by an attorney then you should also retain an attorney, however, it is not required.



Thank you,


Robert
Customer: replied 2 years ago.

I know it's been said that the person who represents himself in court has a fool for a client. My problem is lack of funds, as is my wife's. Any suggestions? Maybe an attorney to review my filings instead of completing them? I'm a CPA and have worked with litigation support in family law cases. I know my way around the financial affidavit, lifestyle analysis, and equitable distribution schedules (even though these may not be necessary in this case). I think i can cover the filings but may need an attorney. What say ye?

Expert:  Robert replied 2 years ago.
Thank you for your follow-up.

Generally speaking, even if I were communicating with another attorney, I would still say that it is a better idea to have an attorney represent you. This is always the case, however, if your spouse does not have an attorney and you feel comfortable representing yourself then you can represent yourself.

If you just want to make sure that you do everything correctly and you have some experience with family law cases then having an attorney simply review the documents may be a good idea but, obviously, only if the attorney isn't going to charge you much for such a review. You may try calling around to see how much such assistance will cost (since price is an issue).

If you choose to do this then the following link will allow you to select your area in Florida and then view contact information for Divorce Attorneys near you:

http://lawyers.findlaw.com/lawyer/practicestate/Divorce/Florida

I hope this has helped and I wish you all the best. Please let me know if you need me to further clarify my answer and I will do my best to so clarify.

Thank you,



Robert

While of course not required, a bonus is greatly appreciated if I have been particularly helpful. To request my assistance again in the future, please go to the following link and enter your question on my profile page:

http://www.justanswer.com/law/expert-askrobert/

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