Most Jacksonville, Florida residents thinking of filing their own divorce haven’t heard the phrase, “He who represents himself has a fool for a client.” Unfortunately the court system is complicated, but it’s complicated because our lives are complicated. Some people say that their divorce is a “simple” one, some attorney’s say that there’s no such thing as a “simple divorce”. Just as I don’t dare to do simple mechanic work such as an oil change because I’m not a mechanic, a non-lawyer has to remember that a case that might be considered simple by an attorney isn’t necessarily simple for them.
There are complex pleadings that are required to make a divorce judgment final. Just because it says “Final” in the title doesn’t make it so. You can’t depend on a judge to tell you if you’ve made a mistake either, they’re not allowed to give you legal advice and are often so busy with their heavy case loads that they’ll sign almost anything you agree to.
A recent case I saw was that of a woman who had become pregnant from an adulterous affair while living with her husband. Under Florida law, the only people who have the right to contest the parentage of a baby born during a marriage while the couple is cohabitation is the wife and husband. This is because Florida values the interest of preserving the marriage above the rights of unmarried fornicators to raise their own children.