Many of my clients are more than eager to get divorced, they like our ability to get them divorced without attending a court hearing and the fact that the final judgment will be mailed directly from the judge within 30-45 days excites them. I take it upon myself to explain to my divorce clients that one of the qualifications is that ALL issues such as child support, division of assets, time sharing with the children etc. are decided among them.
I further explain that my role is to type the information on the divorce forms and send them to the court following the protocol created by the court. I also explain that in case any modifications or motions are needed after the case is final they would have to hire an attorney and have the case transferred to the county they live in.
So based on the experiences that I've had lately I created a list of red flags, good indicators that you should not try to have a divorce in mutual agreement in Florida and just get the divorce papers served by a sheriff:
1 - If you have minor children and your spouse has not contributed voluntarily with money for the needs of the children.
2 - If you are not in speaking terms.
3 - If you had to place a restraining order against your spouse
4 - If you do not know where your spouse lives
5 - If doing so will be detrimental to your well being
6 - If there is a history of alcohol or drug abuse and/or violence in the relationship
Any of these red flags should be taken seriously because any attempt to file Florida divorce in mutual agreement would probably be fruitless and will only bring more pain as we are not able to obtain the cooperation of the other spouse.
Since I am not an attorney and cannot give any legal advice it would be wise to consult with an attorney with plenty of experience with divorces.
In a nutshell, remember that a divorce in mutual agreement while it's ideal it's not a good fit for all situations. Do what is right for you and take care of your self.
Words of Wisdom from Your Fairy Godmother