Showing posts with label divorce document preparation. Show all posts
Showing posts with label divorce document preparation. Show all posts

Wednesday, May 6, 2020

How much does a Florida divorce cost?





How many angels can dance on the head of a pin? How long is a piece of string? It depends. If the divorcing couple can come to agreements about how to divide their assets and debts; and agree on their mutual responsibilities to their children, our services are ideal. A typical base price for a document preparer to prepare divorce documents is around $299. with some add ons depending on your situation. If you have children, then you'll need a Parenting Plan which may be an additional $75 or so; and if you need a Marital Settlement Agreement to divide your property and debt, that may also be an additional cost. Most document preparers also prepare the Child Support Guidelines Worksheet, and the Family Law Financial Affidavit for an additional fee. (You usually have the option of preparing any of these yourself, to avoid the fee.) There are some other possible add ons which you may or may not need. So, all told, using a document preparation service, your divorce might cost around $500 - $600 for the prepared documents. The filing fees, which are paid directly to the court are $408.; and if you need to have the other spouse served by a sheriff, an additional $50. So, using a document preparation service, the document preparation fees and court filing fees combined are usually around $1000.

A thousand dollars may sound like a lot of money, but if you look at what you might spend with an attorney – you'll change your mind. According to Lawyers.com on average, a Florida divorce, using an attorney, costs $13,500. which includes $10,700. in attorneys' fees. So, on average, consumers spend over $2,800. over and above the $10,700. attorneys' services and fees. According to the linked article: “After attorneys' fees, the rest of divorce costs come from expenses, which includes fees for court filings, mediation, and the cost of copying and serving documents. Expenses also include compensation for expert witnesses and consultants, such as child custody evaluators, appraisers, or financial analysts. Average expenses in Florida divorces were $2,800.”

We would never tell anyone whether they should or should not hire an attorney. Sometimes there is no other way. But, we will tell anyone and everyone that if there is any way that a divorcing couple can come to agreements about their assets, debts, and children; they'll have more dollars left over to secure their assets; pay down their debts; and take care of their children.

Saturday, August 24, 2019

A Few Bad Apples ...


I'm the founder and director of the Florida Association of Legal Document Preparers [FALDP.ORG]. As such, I am 100% invested in the growth of the nonlawyer legal document preparation industry. I, personally, have been preparing legal documents since 1998. We exist because there is a demand for our services. People can't afford attorneys, people think that if they just had the correct forms,in the required format; and could decipher procedure that they would probably get through their legal matter on their own. Many times, most of the time, they're right.

Not to say there is no need for attorneys, and specifically not to say that our services replace attorney services. But, people often do not need and do not want legal advice or representation.

As a document preparer and as the director of FALDP I do my best to provide services within my limitations. I know the rules for the unauthorized practice of law [UPL] as well as anyone. I mean anyone. Document preparers who are being investigated for UPL frequently seek me out for my insights about their investigation. Members of FALDP are required to take a course annually, called Avoid UPL!. My hope is that member document preparers will learn the rules backwards and forwards and can thereby avoid an investigation.

We also suffer criticism of our livelihoods as legal document preparers. I received some hate mail the other day from a subscriber to my newsletter, a subscriber! He said - “All the document prepares in Florida need to be banned... Go to Law School if you want to give advice... bunch of lying bottom drellers” [sic]

But, this article isn't about UPL. I'm talking about those few bad apples today. The few bad apples that give us a bad name. The bad apples that spoil the barrel. In my opinion, we have enough push back from random critics, and the Florida Bar, who investigate us and seem to persecute us, without our colleagues making things worse.

Bad Apple #1: Another document preparer that I'm aware of is abusing the system in several creative ways. She is known to telephone the document preparer on the other side of a divorce case and try to negotiate a settlement for the Marital Settlement Agreement which might include money, property, and child custody. Document preparers may not negotiate on behalf of anyone else. She also falsifies or leaves out entire pages of information on financial affidavits which may be unfavorable to her customer. And, even worse, she's a Spanish speaker and frequently attends court hearings ostensibly as a court interpreter (although she is not certified), but she is actually at the court hearing to represent her customer. In Spanish. So the judge won't know.

Bad Apple #2: This bad apple is now in prison. But, before he got there, he had been a member of FALDP for a number of years. He had seemed fine for most of those years. Around 2014, I heard from a couple of his customers that he seemed to have a drinking problem and may have met with them while under the influence. And soon after, he began harassing a document preparer online and claiming that he had the full force of FALDP behind him. When I became aware of his harassment, I let him know that he most certainly did not have the full force of FALDP behind him in harassing anyone. He got mad at me and quit FALDP, saving me the trouble of terminating his membership. The harassment stopped after several months, and we thought it was a thing of the past. But, in 2016 his harassment toward the other document preparer started up again, and I noticed he was displaying the FALDP logo in his advertising and asked him to remove it. I then became a target for his harassment as well. He finally put himself in prison by going out in the street and threatening his neighbors with a firearm.

As a fledgling industry, each of us reflects on the other. We're criticized by lawyers as a matter of routine, that we are under trained wannabe lawyers. We're not. Most of us don't ever want to be a lawyer, and are more than happy to work well within our niche. We may seem untrained, but we're not that either. We're not allowed to give advice, so we don't. Sometimes, people may think that we're not advising our customers well. They're right. We're not advising them at all. We prepare documents, provide information, and explain procedure, but we do not provide legal advice or representation.

Support your Legal Document Preparers! Our services help so many people just like you.



Sunday, June 30, 2019

Thinking of a “No Court Divorce in Florida”? – Think Again.


I've seen some nonlawyer document preparers marketing their services for a No Court Divorce. A No Court Divorce is possible when the divorcing parties agree on every facet of their divorce, including division of assets and debt; child support; and child custody. While a divorce in Florida is possible and even legal without either party ever appearing in court, it may not be the best idea. And here's why:

Most importantly, the lack of legal assistance and judicial oversight could lead to disastrous results. By definition, nonlawyer legal document preparers may not advise consumers [pro se litigants] about their specific legal rights or remedies; advise about legal strategies; or represent anyone in court. Pro se litigants may not be aware of rights they are giving away, and without a court hearing, their lack of knowledge could be reflected in the Final Order of Dissolution. Many of the nonlawyers preparing the forms for No Court Divorces, do not rely on mediators to ensure that the parties are in agreement. Rather the document preparer may act as the de facto mediator and is unlikely to be certified as a Florida Family Court Mediator.



One of the parties may be going along to get along, and believe that they have no choice.

The usual Florida divorce process is that one party, the Petitioner, prepares the required documents with the help of a document preparer, an attorney, or without help, and then serves the other party, who is called the Respondent. The Respondent has an opportunity to file an Answer and can agree or disagree with the documents prepared by the Petitioner. The No Court Divorce process requires that the parties are in full agreement on all issues.

I have prepared Florida divorce documents for pro se litigants for over twenty years. Very few of these divorces were completely without disputes. After all, if a couple were in complete agreement about everything, then they probably wouldn't need a divorce to begin with. When there are disputes, the court will refer the parties to a mediator to help them find a resolution.

Examine why its important to you to not appear in court.

Are you in the military and stationed overseas?
Even if you are the Petitioner in the divorce, you can request to appear telephonically. You make this request through a motion to the court.

Do you simply want to avoid the inconvenience?
If your reason for not wanting to appear in court is mostly due to convenience, you may need to consider your priorities. A divorce is a life changing event, not taking the time to attend the court hearing, and taking the chance that something goes wrong which could have been avoided is a chance that you should carefully consider.

Are there other legal issues that may come out? Outstanding warrants? A deportation order?
My first suggestion is that perhaps those issues need to be addressed prior to filing for divorce at all. But, if the divorce wasn't your idea, then you may not have that choice. However, only the Petitioner is generally required to appear in court anyway. The Respondent can waive his/ her appearance.

If your other issues are ongoing and cannot be easily resolved, you still have some choices. As the Respondent, you can waive your appearance or request to be heard telephonically. As the Petitioner, you can request to be heard telephonically, but that may or may not be allowed depending on your specific reason and the judge's discretion. Florida attorneys are specifically allowed under Florida Bar rules to offer limited services for family law. This is often called “unbundled services”, and can mean anything from a review of documents to an appearance at a court hearing.

I believe that some document preparers who aggressively market the No Court Divorce process prey on the fear of undocumented immigrants who are already afraid to appear in court. Florida family courts do not have jurisdiction over immigration matters. However, a deportation order or deportation of a parent would have an effect on the best interest of a child. So a divorce with children where one or both of the parents are undocumented, should be handled with extreme care and caution. A document preparer may not have the knowledge and expertise to know how to proceed. And, even if that document preparer has both knowledge and expertise is prohibited from offering legal advice. Parents in this situation need legal advice, not simply a way to avoid a court appearance.

An unintended consequence of a No Court Divorce can be that the divorce documents are filed in a distant Florida county. Not all Florida counties allow No Court Divorces, and it isn't necessary to reside in a certain county to file for divorce in that county. However, if there are subsequent proceedings, perhaps enforcement of child support or a modification of time-sharing, the parties would need to file these documents in the county where their divorce was filed, which may be where neither parent resides.

So, if you were thinking of filing a No Court Divorce – Think Again. You might be creating ongoing problems, by trying to avoid a court appearance.

Thursday, January 3, 2019

Divorce ~ After the Holidays



Divorce isn't easy. It never is. Two people come together believing they'll spend their lives together, but then for a thousand reasons the marriage may not work. Some reasons people split are basic other reasons are complex. However, the fact remains that people marry and people break up. Every relationship runs its course … some are brief, some last for a life time.

If you are at the beginning stages of divorce or a paternity action. Or if you are contemplating a break up, you likely have many questions about the process. You also may have questions about your rights and responsibilities. The cost of an attorney may be prohibitive. Or you may want to educate yourself before hiring an attorney.

We have developed a course that may help answer some of these questions. “We” is the FloridaAssociation of Legal Document Preparers, a statewide trade association of nonlawyer forms preparers. As the name of our association clearly implies, we are NOT attorneys. Our course is the Divorce and Paternity Readiness Course. There are two parts. The first part addresses the emotional aspects of a divorce or break up. How are you going to feel after you're no longer half of a couple? How are you going to plan your life minus your spouse or significant other?



The second part of the course breaks down the basics. You have a million questions. Document preparers are asked these questions all the time. Some we can answer, others we can't. Document preparers are specifically prohibited from giving legal advice, so we can't answer any legal questions. Some questions we hear frequently are:

  • How does the judge decide child support?
  • How does the judge decide child timesharing and custody?
  • Should I ask for alimony?
  • What is a Qualified Domestic Relations Order (QDRO), and do I need one?
  • What is shared parental responsibility?
  • Do I get the house?
  • Do I get to keep my car?
  • Will he or she have to pay off credit card debt?
  • Do I need a Marital Settlement Agreement?
  • What's the difference between equal distribution of assets and debts; and equitable distribution of assets and debts?
  • What if he or she was hiding assets during the marriage?
  • What if he or she is engaged in illegal activities or substance abuse?
  • What if there is domestic violence within the marriage?


And for the unwed fathers contemplating a break up, there are more questions:
  • Why won't my child's mother let me see my child?
  • I'm on the birth certificate, doesn't that make me the legal father?
  • Why do I have to pay child support, when I can't even see my child?


Many of these questions are legal questions that a document preparer may not answer. But, our course can and does. Part II of our Divorce and Paternity Readiness Course provides the facts and information, you apply these to your circumstances. After completing our course, you'll:

Be able to make informed decisions about your divorce and break up;
Understand your rights and responsibilities;
Decide whether to prepare your own divorce or paternity documents, hire a legal document preparer, or retain counsel.

The cost for our course is only $59 for Part I; and $59 for Part II. For a limited time, Part II is free to all who complete Part I. So, if you're contemplating divorce or paternity action, or are at the beginning stages of either process, do yourself a favor and learn all you can. Your knowledge and active participation in the process will help make the transition from being a couple to being a single person much smoother.


Friday, June 10, 2016

Uberish

I read Jordan Furlong's recent article, "What Makes Uber Tick, and What Lawyers Can Learn from It". He makes some good points, but, in my opinion, didn't go quite far enough. I view all of this from the other side of the lens.

Furlong's article states: " ... lawyers should consider Uber a powerful illustration of how and why traditional providers lose control of their markets. Uber doesn’t succeed because its rides are cheaper, or not primarily because of that. It succeeds because it corrects the many flaws in the traditional taxi model."

The world needs lawyers to represent and give legal advice. But, sometimes, people only need documents. The world needs document preparers to do just that - responsively, conveniently, and at a reasonable cost.

When a consumer hires a document preparer for divorce documents, for instance, the necessary documents are almost always prepared for a flat fee. Period. Consumers know before they pay, exactly how much the service will cost, and exactly what services they can expect to receive.

Lawyers traditionally charge by the almighty billable hour. Statewide, lawyers rates average over $200. per hour. Besides the fact that many litigants earn less than $200 per day, the billable hour practice is confusing and those minutes and minutiae quickly add up to exorbitant amounts and whoops there goes the retainer. Consumers don't know until they find out the hard way that their lawyer is going to bill them against the retainer for every email, every phone call, every document the lawyer reads related to their case, every document prepared in their case, every out of pocket expense, paralegal fees billed out at anywhere from $100 to $200 per hour, mediation, consultation, and court appearances. And before the client knows it, its time for mediation or a court hearing, and the lawyer is asking for more fees. If the consumer has no more lawyer money to spend, he goes it alone, pro se. And, that consumer, is usually not happy about the experience. Small wonder that lawyers have such a terrible reputation.

It happens all the time, that a lawyer withdraws at just these critical junctures, because the client has no more money to spend. Even though it is considered unethical for a lawyer to leave their client high and dry in this manner ... it happens all the time.


I agree with Furlong that no one wants to see lawyers disappear entirely, just as it is not practical for taxis to be replaced entirely by Uber drivers. There is a place in the market for taxis and Uber drivers; lawyers and document preparers. Consumers who choose Uber over a taxi do so for customer service, convenience, and price. In Uber's case the price for services may be similar to a taxi ride. Lawyer fees and document preparer fees are often miles apart. Document preparers often charge just 10% of what a lawyer would charge. Routine documents for things like, divorce and bankruptcy are the handiest comparisons.

For example, bankruptcy petition preparers charge around $200 to prepare the thirty some odd documents for a bankruptcy; lawyers typically charge around $2000. Initiating a Florida divorce with a lawyer may begin with a retainer of anywhere from $1500 to $10,000. Document preparers charge between $99 and $500. Initiating a divorce requires paperwork, and to be fair to lawyers in the comparison, lawyers services may also include legal advice and court appearances. At the low end for divorce lawyer's fees, $1500., if a client receives for that money - document preparation, service of process, filing fees, and some advice - he's actually done well. And the services he received, at least as far as price, would be roughly comparable to a legal document preparer. A document preparer at the high end, preparing divorce documents for $500, plus services of process (around $75), plus filing fee ($408. in most counties) and no advice or representation is about $900 - $600 less than the low end lawyer. So that consumer has $600 left to spend on legal consultations, or court appearances.

Furlong's article goes on to mention some partial solutions to delivery of legal services, listing some referral sources and alternate legal service providers. The Florida Supreme Court Commission on Access to Justice repeatedly touts technological solutions as the path to legal access, and have been discussing better technology solutions for the past two years.

We, FALDP, have developed our own technology solution. Our FALDP Document Portal allows consumers to prepare their own documents online for a small fee. As far as we have found, our site works better than any of the court sites, or private sector sites in Florida. For $99 consumers have unlimited use for one month to prepare their own family law documents. The consumer enters their information once into a questionnaire, form fields automatically fill throughout the form set, then the consumer can either save the completed forms to their computer or print them out. All forms are based on Florida Supreme court approved family law forms.
www.FALDP-DocumentPortal.org

Furlong states: "Lawyers, like cab drivers, are useful and capable service providers who nonetheless are sabotaging themselves through their own lousy delivery models."

Lawyers and taxis have been around for centuries. Uber and document preparers were born to offer services more conveniently, with better customer service, and crystal clear price transparency.


The customer is the most important part of any business. And if a business doesn't take care of their customers -- someone else will.


Tuesday, January 5, 2016

January is the MOST popular month for divorce.

According to history.com, in 1643, the first record of a legal divorce in the American colonies, Anne Clarke of the Massachusetts Bay Colony was granted a divorce from her absent and adulterous husband, Denis Clarke, by the Quarter Court of Boston, Massachusetts. In a signed and sealed affidavit, Denis Clarke admitted to abandoning his wife, with whom he had two children, for another woman, with whom he had another two children. He also stated his refusal to return to his original wife, thus giving the Puritan court no option but to punish Clarke and grant a divorce to his wife, Anne.

The tradition continues ... family law document preparers know that inquiries and requests for divorce assistance spike during January -- even to this day, nearly 400 years after the first recorded divorce. The reasons consumers most frequently give for their choice of month, is that they did not want to upset the children, the in-laws, or life in general over the holidays. They wait, sometimes biting their tongues and holding their breath until Christmas is long gone and the New Year's party is well over before making the move to file for divorce. The decision to file for divorce may have been made months earlier.

Filing for divorce is a stressful time for all involved. There are almost always emotional issues, financial issues, and property issues to be sorted our and worked through. Here are some do's and don't's from someone who has been through it personally a time or two; and prepared documents for hundreds of divorces.

Do:
  • Try to settle as many issues amicably as you possibly can.
  • Tell the children of the pending divorce in a reasonable and loving way, assuring them that you will always be a family -- its just that Mom and Dad will no longer be married.
  • Cherish the memories. Even if the love has died, remember that you loved this person once.
  • Take care of yourself by making sure your support system is intact - whether it is your friends, a formal support group, a counselor, or divorce coach.
  • If there are children of the marriage, be especially aware that the children are experiencing as much or more upheaval than you are due to the pending divorce.
  • Resist the temptation to involve yourself in a new relationship too soon.


Don't:

  • Allow yourself to be pulled into needless emotional turmoil.
  • Let your guard down completely. Even though you want it to be amicable, that doesn't mean that you need to be careless.
  • Manipulate the children to hurt your soon to be ex.
  • Hide money. Be truthful about your finances, and expect the same from your spouse.
  • Say unkind things about your ex in front of the children, other family, or friends.
  • Don't dwell on blaming your spouse, the blame game doesn't help anything.


Document preparers may not provide legal advice or representation. Obvious as it sounds -- document preparers prepare documents. We can also give legal information and explain procedure. Most family law document preparers are also good listeners and don't mind hearing their customer's stories. .

Sometimes consumers ask whether they need an attorney. 

There is more than one answer.

  1. If both parties are in complete agreement and understand exactly what they're agreeing on, then there may be no need for an attorney.
  2. If someone thinks they need an attorney, then they probably do. If the customer is afraid of going to court without an attorney; they expect nothing but a fight; feels bullied by their spouse; their spouse has an attorney; or if English is their second language are all good reasons to retain an attorney.
  3. A pro se litigant can always retain an attorney if the proceedings become contentious. Family law attorneys are specifically allowed to unbundle their services, they are not required to take on the entire case. Document preparers charge on average between $200-$400 to prepare divorce documents, usually as a flat fee. Attorneys hourly rates may well be $300-$500 per hour.


The Florida Association of Legal Document Preparers has member document preparers throughout the state, many of whom prepare divorce documents. To locate a document preparer in your area for assistance, look through our member directory or call 800-515-0496. We're here to help.




Wednesday, May 13, 2015

We ARE Disruptors

We are disruptors, and - yes - proud of it. I am happy that we disrupt the status quo. I am happy that we present an alternative to consumers. If the legal world had properly served consumers, we would not exist. Legal document preparers are here to stay. We have a foothold. Around 70% of family law litigants are pro se -- self represented. Many of the self-represented employ legal document preparers to prepare their paperwork. Some of them cannot possibly afford an attorney. Others have no desire to retain an attorney. And still others have no need for an attorney.

If, we legal document preparers, present a viable alternative for consumers - then why not? Consumers who cannot afford an attorney are not lost clients for attorneys - it was never possible for them to be attorneys' clients at all. Price being the governing factor. It makes no sense for Mercedes Benz to be upset with Kia for stealing their customers. Not the same customer, not the same demographic.

Some consumers can well afford an attorney but choose not to retain counsel. They either feel that they can easily handle their legal affairs themselves, or feel that an attorney will cause them to spend money needlessly.

Still other consumers do not need an attorney at all. They only need papers. They only need documents prepared; they are well aware of their rights and issues; and there is no legal dispute. Many of these consumers realize that if they retained counsel, it is quite possible that an attorney could create a dispute where none existed before. No dispute = no billable hours.

I have no goal to malign attorneys. They don't need my help in discrediting their profession. The numbers speak for themselves. Since 70% of family law litigants are attorney free - one can only surmise that a fair percentage of them could afford counsel if they chose.

I, as a legal document preparer, receive some attorney referrals. One of the attorneys who refers to me [we'll call him John] has done so for the past several years and I am rarely able to reciprocate, as he really only wants family law mediation clients. And I rarely have this type of customer to refer. I can only say Thank You. I suppose John refers to me because in his opinion the consumer is better off paying my lower fee and spending their money to take care of their children; rather than paying his fee and their having to stretch financially to pay it. In all these years, only once has there been a problem. The soon to be ex disputed jurisdiction for the divorce as the couple still had marital property in another state. I referred her back to John, then she came back and asked me to prepare a voluntary motion to dismiss. Which I did at no cost.

Even more than I appreciate the compensation John's referrals bring, I appreciate the respect he gives me by sending his clients my way.

On the other hand, I recently severed ties with an attorney, we'll call her Mary. She and I had an arrangement in which she would offer my customers a low cost consultation; and then in theory send them back to me for document preparation. No one ever came back. It was a legal Bermuda Triangle. She had presented herself to me as an advocate for pro se litigants and a friend to Florida document preparers. Although it took me a while to catch on, the truth came out. Beware the wolf in sheep's clothing. I was blind sided, and I have yet to forgive myself for that. She displays the following on her site:

" ... many people are opting to use document preparers who can complete divorce forms at low cost, affordable rates. And while this is an attractive option, most document preparers have little or no legal training or experience outside of document preparation. ..."

That statement isn't particularly true. Most document preparers have extensive experience and academic training, including B.A. degrees in Legal Studies; paralegal certificates; years of law firm experience; JD degrees; law degrees from other states or countries; and lots of hands on experience. A few document preparers are self taught - graduates of the school of hard knocks.

The first big difference between John and Scarey Mary is that John wants to serve the consumer; while Mary wants to serve herself. The second difference is that John is established in his profession; while Mary is competing with nonlawyer lay practitioners. As a consumer, that in itself would be enough to scare me away from Mary. Did she, and other attorneys of her ilk, really go to law school to learn how to fill out forms. Scarey. Mary.


Friday, March 7, 2014

It's the Law - CoParenting Course

Divorcing parents are required to take a CoParenting Course, formally called the Parent Education and Family Stabilization Course. The Florida Association of Legal Document Preparers now offers the CoParenting Course online through the site - www.faldp.org. Online 24/7, for only $39.00. DCF approved - no additional charge for certificate of completion.

http://www.FloridaCoParenting.com

  
FloridaCoparenting.com is a DCF-approved provider of an online Parent Education and Family Stabilization course that fulfills State requirements. We know how stressful and complicated divorce can be, which is why we’ve made this part of the process as streamlined as possible. Learn vital information to improve your transition into co-parenting without the added stress of attending a Florida parenting class in person.
Register in minutes and start the course right away. You can complete the course at your own pace and when you’re done, instantly print out your official certificate at no extra cost. In addition, a money back guarantee and 24/7 customer support staff ensures your experience is risk-free and simple. Simply click here to get started!

 
61.21  Parenting course authorized; fees; required attendance authorized; contempt.--
(1)  LEGISLATIVE FINDINGS; PURPOSE.--It is the finding of the Legislature that:
(a)  A large number of children experience the separation or divorce of their parents each year. Parental conflict related to divorce is a societal concern because children suffer potential short-term and long-term detrimental economic, emotional, and educational effects during this difficult period of family transition. This is particularly true when parents engage in lengthy legal conflict.
(b)  Parents are more likely to consider the best interests of their children when determining parental arrangements if courts provide families with information regarding the process by which courts make decisions on issues affecting their children and suggestions as to how parents may ease the coming adjustments in family structure for their children.
(c)  It has been found to be beneficial to parents who are separating or divorcing to have available an educational program that will provide general information regarding:
1.  The issues and legal procedures for resolving time-sharing and child support disputes.
2.  The emotional experiences and problems of divorcing adults.
3.  The family problems and the emotional concerns and needs of the children.
4.  The availability of community services and resources.
(d)  Parents who are separating or divorcing are more likely to receive maximum benefit from a program if they attend such program at the earliest stages of their dispute, before extensive litigation occurs and adversarial positions are assumed or intensified.
(2)  The Department of Children and Family Services shall approve a parenting course which shall be a course of a minimum of 4 hours designed to educate, train, and assist divorcing parents in regard to the consequences of divorce on parents and children.
(a)  The parenting course referred to in this section shall be named the Parent Education and Family Stabilization Course and may include, but need not be limited to, the following topics as they relate to court actions between parents involving custody, care, time-sharing, and support of a child or children:
1.  Legal aspects of deciding child-related issues between parents.
2.  Emotional aspects of separation and divorce on adults.
3.  Emotional aspects of separation and divorce on children.
4.  Family relationships and family dynamics.
5.  Financial responsibilities to a child or children.
6.  Issues regarding spousal or child abuse and neglect.
7.  Skill-based relationship education that may be generalized to parenting, workplace, school, neighborhood, and civic relationships.
(b)  Information regarding spousal and child abuse and neglect shall be included in every parent education and family stabilization course. A list of local agencies that provide assistance with such issues shall also be provided.
(c)  The parent education and family stabilization course shall be educational in nature and shall not be designed to provide individual mental health therapy for parents or children, or individual legal advice to parents or children.
(d)  Course providers shall not solicit participants from the sessions they conduct to become private clients or patients.
(e)  Course providers shall not give individual legal advice or mental health therapy.
(3)  Each course provider offering a parenting course pursuant to this section must be approved by the Department of Children and Family Services.
(a)  The Department of Children and Family Services shall provide each judicial circuit with a list of approved course providers and sites at which the parent education and family stabilization course may be completed. Each judicial circuit must make information regarding all course providers approved for their circuit available to all parents.
(b)  The Department of Children and Family Services shall include on the list of approved course providers and sites for each circuit at least one site in that circuit where the parent education and family stabilization course may be completed on a sliding fee scale, if available.
(c)  The Department of Children and Family Services shall include on the list of approved course providers, without limitation as to the area of the state for which the course is approved, a minimum of one statewide approved course to be provided through the Internet and one statewide approved course to be provided through correspondence. The purpose of the Internet and correspondence courses is to ensure that the parent education and stabilization course is available in the home county of each state resident and to those out-of-state persons subject to this section.
(d)  The Department of Children and Family Services may remove a provider who violates this section, or its implementing rules, from the list of approved court providers.
(e)  The Department of Children and Family Services shall adopt rules to administer subsection (2) and this subsection.
(4)  All parties to a dissolution of marriage proceeding with minor children or a paternity action that involves issues of parental responsibility shall be required to complete the Parent Education and Family Stabilization Course prior to the entry by the court of a final judgment. The court may excuse a party from attending the parenting course, or from completing the course within the required time, for good cause.
(5)  All parties required to complete a parenting course under this section shall begin the course as expeditiously as possible. For dissolution of marriage actions, unless excused by the court pursuant to subsection (4), the petitioner must complete the course within 45 days after the filing of the petition, and all other parties must complete the course within 45 days after service of the petition. For paternity actions, unless excused by the court pursuant to subsection (4), the petitioner must complete the course within 45 days after filing the petition, and any other party must complete the course within 45 days after an acknowledgment of paternity by that party, an adjudication of paternity of that party, or an order granting time-sharing to or support from that party. Each party to a dissolution or paternity action shall file proof of compliance with this subsection with the court prior to the entry of the final judgment.
(6)  All parties to a modification of a final judgment involving a parenting plan or a time-sharing schedule may be required to complete a court-approved parenting course prior to the entry of an order modifying the final judgment.
(7)  A reasonable fee may be charged to each parent attending the course.
(8)  Information obtained or statements made by the parties at any educational session required under this statute shall not be considered in the adjudication of a pending or subsequent action, nor shall any report resulting from such educational session become part of the record of the case unless the parties have stipulated in writing to the contrary.
(9)  The court may hold any parent who fails to attend a required parenting course in contempt, or that parent may be denied shared parental responsibility or time-sharing or otherwise sanctioned as the court deems appropriate.
(10)  Nothing in this section shall be construed to require the parties to a dissolution of marriage to attend a court-approved parenting course together.
(11)  The court may, without motion of either party, prohibit the parenting course from being taken together, if there is a history of domestic violence between the parties.