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.

We Use Documents

We drown in information and documents. Work life and personal life. Sometimes we have to read and interpret documents, sometimes we have to create or explain documents. Besides the written documents, words, we read for pleasure and general information, there are documents that are closely aligned with our well being. Everything we do has an entire body of information attached. Instructions, warnings, and definitions. Among the documents that we read, interpret, create, and explain are utility bills, insurance claims, cell phone contracts, residential leases, commercial leases, rental car contracts, homeowners insurance, bank statements, birth certificates, passports, apostilles, letters, orders, promissory notes, property abstracts, property deeds, rental agreement, settlement agreements, plea agreements, prenuptial agreements, loan notes, writs of possession, garnishments, and as many more types of documents that a person may need at some point in his or her life, all depending on specific events and goals that cause the need for the documents to arise.

The problem is, most of us cannot fully process each and every document encountered. For those who are able to comprehend, time to do so is the next challenge. We welcome the time to live our lives, watch our children grow, and carry out our adventures, rather than parsing through yet another set of documents which we will conquer once and never look at again. In addition to the documents listed above there are also legal documents that may demand our urgent attention as life events dictate. These might include divorce petitions, consents to adopt, paternity actions, answers, wills, trusts, deeds, powers of attorney, advance directives, prenuptial agreements, antenuptial agreements, plea bargains, bankruptcy petitions, tax returns, and as many more types of documents that a person may need at some point in his or her life, all depending on specific events and goals that cause the need for the documents to arise.

People want and need help staying afloat in this man made information sea. There are various businesses that exist solely for the purpose of compiling, organizing, using,and restructuring information, What if all of these businesses suddenly disappeared all at the same time.

Imagine if you will, that suddenly there are no tax preparers, no insurance agents, no realtors, no accountants, no title companies, and no notaries, All the sudden every single person must handle all of their own documents themselves. What if there were no one to help us read, interpret, create, or explain any of these documents which are representative of entire bodies of information that may be crucial to our well-being.

Lack of timely attention to certain types of documents can have serious consequences, including fines, penalties, and loss. A large part of modern day survival is staying on the right side of regulations. We need our support systems, our document helpers, and all of those businesses that help us stay afloat.

Dinosaurs in a Blizzard.

This article is not about dinosaurs or weather. It is about what happens when a creature fails to adapt to a changing environment. Attorneys can rail all they want about the changes in the way people access the legal system, but it will ultimately be their own downfall. Try as they might, attorneys are not going to be able to turn back time. They aren't going to be able to reset the clock to the days when the first and only choice consumers had for anything legal was to immediately go out and retain counsel.

The internet opened up to wide public use in 1995. Since then, the internet has become a way of life for many Americans. A center for their social network, a place to find work, an easy way to shop, and most of all a place to find information. Including legal information. Now that consumers can readily find legal information, they can then make an informed decision regarding many of their own personal and legal matters. Sometimes they'll seek an attorney, sometimes they won't. Sometimes they'll hire a legal document preparer, sometimes they won't.

I found the following on the Florida Bar's site. It is part of a Consumer Pamphlet titled:

 "Hiring The Right Person To Help Me With My Legal Problems Pamphlet "

There will probably come a time in your life when you will need or want to seek legal advice or services. One of the first questions you may ask yourself is whether you need a lawyer, or whether a nonlawyer could assist you instead. This consumer pamphlet is intended to help you make an informed choice.

I recently saw an advertisement in the paper from someone who called himself a paralegal, which said he could help me with my legal problem for a lot less than a lawyer. Can this person really help?

Florida Bar says:

No, a nonlawyer cannot help you with your legal problem. 

Legally, only a licensed member of The Florida Bar can help you with your legal problem and give you legal advice. A lawyer’s job is to make the law work for everyone. Consumers often use the services of lawyers to help them draw up wills, handle real estate transactions, and other important legal needs. If a nonlawyer attempts to help you with your legal problem, that person may be prosecuted for the unlicensed practice of law (UPL) and your case may be affected.

I say:

It depends on what your legal problem is. Granted a nonlawyer document preparer may not give legal advice. But needing legal advice may not be the problem. Maybe a consumer only needs documents properly prepared. Maybe a consumer only needs information about procedure. Remember, there is no specific law school course that focuses on document preparation. Attorneys generally rely on paralegals or software for document preparation, and may not be personally familiar with preparing documents.

But this person is a paralegal. Doesn’t that mean they have training or that they work with a lawyer?

The Florida Bar says:

No. In fact, so many people were being misled about the titles “paralegal” and “legal assistant” that the Supreme Court of Florida passed a rule saying that it is not proper for a nonlawyer to use those titles if they are providing services directly to the public. Paralegals working in a law office often do have training and are often certified. They also have a code of ethics that they must follow, and work under a lawyer’s supervision, not on their own. Nonlawyers who do not work for a lawyer may not have any training and should not be using the title “paralegal”.

I say:

If a document preparer, who offers services directly to consumers, is refers to himself as a "paralegal" or "legal assistant" - I'd stay away. One of the very few clear cut rules regarding the unauthorized practice of law is that document preparers may not call themselves "paralegals" or "legal assistants". A "paralegal", and a "legal assistant", by definition, is supervised by an attorney; and document preparers are not. If a document preparer is unaware of that one very basic rule, it is likely that the document preparer is also unaware of other important information; AND is not a member of the Florida Association of Legal Document Preparers (FALDP). Members of FALDP must meet set standards to join; adhere to a code of ethics; and have an opportunity to become FALDP Certified. Document preparers may or may not have formal training. The use of the title "paralegal", in this context, has more to do with attorney supervision than training. Document preparers often have extensive training; many were formerly paralegals; some are retired attorneys or attorneys from other countries or jurisdictions.

What can this nonlawyer do for me?

The Florida Bar says:

The only thing the nonlawyer can legally do for you is to sell you a pre-printed form and type in the information that you provide to them. A nonlawyer cannot tell you what information you should put on the form, or even what type of form to use, and cannot help you fill it out. Basically, the nonlawyer can act as a secretary or typist.

I say:

The Florida Bar answer is partly correct. However, in addition to selling pre-printed forms and typing information, nonlawyers can assist consumers by locating a specific form for the consumer. It is a common request. Consumers contact document preparers and say they cannot find a specific form and ask for assistance in locating it. Consumers also often struggle understanding the instructions that accompany the Florida Supreme Court approved forms. The form instructions frequently delineate which forms must be filed simultaneously; and a document preparer can point out these instructions to the consumer. Document preparers can also answer procedural questions - such as:

• what happens next in my case?
• what happens after the other party answers the complaint?
• how long does the other party have to answer my petition?
• how do I efile? can a pro se litigant efile?

How do I know if the form provided by a nonlawyer is right?

The Florida Bar says:

You do not. You cannot rely on the nonlawyer to do it right. You are really representing yourself.

Again, nonlawyers can only supply forms and type in the information you provide.

I say:

Consumers who use document preparers are self-represented. And document preparers may not choose which forms a consumer is to use. Form selection is up to the consumer; and the forms are completed according to information provided by the consumer ... so any error is ultimately the responsibility of the consumer. Consumers who use document preparers are encouraged to educate themselves about their issue, and learn the applicable procedural rules. Through this self education consumers can become empowered in pursuing their own best outcome.

However, consumers can rely on document preparers to complete the required forms correctly. If a document preparer makes errors in completing documents, the consumer's recourse is the same as with any service provider: request corrections/ revisions; demand return of monies paid; or sue.

The ad says that nonlawyers provide the same services as a lawyer. Is that true?

The Florida Bar says:

No, that is not true. A lawyer can give you legal advice and go to court with you. A nonlawyer cannot give legal advice and cannot go to court. There are other important differences between a lawyer and a nonlawyer:

I say:

No, that is not true. Any document preparer who claims to offer the same services as a lawyer is an unauthorized practice of law investigation waiting to happen. And an FALDP member who claimed to provide the same services as a lawyer would be immediately reprimanded, and potentially face termination of membership.

The Florida Bar says:
• Lawyers are required to have a college degree and a law degree. There are no legal education requirements for nonlawyers.

I say:

Prospective FALDP members must submit a written application -- not all applicants are invited to join. Prospective members must agree to a background check; meet set standards posted on the FALDP website; and agree to abide by the FALDP Pledge.

The Florida Bar says:
• Lawyers are required to pass a stringent admittance examination to determine their competency, as well as a thorough character and fitness investigation, before being admitted to practice law. There are no such requirements for nonlawyers.

I say:

Certain specific red flags generally prevent an applicant from joining FALDP. Some of these specific red flags are: an applicant who is a disbarred attorney; applicants who have committed financial crimes; and applicants who have engaged in the unauthorized practice of law.

The Florida Bar says:
• Lawyers are required to maintain current legal education and take ethics courses periodically. There is no continuing education requirement for nonlawyers.

I say:

FALDP Certification requires at least 10 Continuing Education Units per year. FALDP Certification is voluntary within the association, and not all members choose to pursue certification. FALDP regularly hosts webinars which are open to all members at no charge. Topics include information business ethics, best practices, and UPL, among others.

The Florida Bar says:
• Lawyers are subject to comprehensive and tough ethical rules. There are no written ethical standards for nonlawyers.

I say:

All FALDP members are required to adhere to the FALDP Pledge. Failure to abide by those rules can be reason for termination of membership.

The Florida Bar says:
• Lawyers who are accused of misbehavior are investigated by The Florida Bar, which can lead to losing their license to practice law. Nonlawyers are not professionally accountable to any authority, although they can be investigated and prosecuted for engaging in the unlicensed practice of law.

I say:

FALDP members who are accused of misbehavior are investigated by FALDP which can lead to termination of their membership. Consumers who report to FALDP that they have been poorly treated, or have paid for services and received no documents - even when the document preparer is not a member of FALDP - are assisted. Sometimes FALDP will complete a consumer's documents at no cost or low cost when a non-member document preparer has failed to live up to his obligations.

The Florida Bar says:
• Lawyers are required to maintain client confidences. Nonlawyers have no such requirement, and could tell your secrets to anyone, even the other side.

I say:

FALDP member document preparers are required to maintain their customer's privacy according the FALDP Pledge:

• To respect my customers’ privacy.
• To keep in strict confidence my customers’ affairs, and not share information about a customer without that customer’s permission unless court ordered.

The Florida Bar says:
• Lawyers as a profession maintain a Clients’ Security Fund, which is intended to reimburse clients for some of their losses if a lawyer misappropriates trust funds. There is no such program for nonlawyers. A nonlawyer cannot be forced to give you your money back if a nonlawyer steals it from you or does not provide the services that were promised.

I say:

Document preparers do not typically handle trust funds. If a nonlawyer steals from a consumer or does not provide documents as requested, consumers can sue the document preparer or report the document preparer to law enforcement. Just as with any service provider, there are resources in place to protect consumers.


I still think I’m going to give the nonlawyer a try. My case is simple and I think I can handle it myself.

The Florida Bar says:

Every person has the right to represent himself/herself. But remember, cases that appear simple at first may turn out to be more complicated than you first thought. Finding a lawyer isn’t as hard as you think and you might be able to have your questions answered or get good legal advice during an initial consultation. If you do not have a lawyer, many local bar groups in Florida sponsor lawyer referral services, listed under “attorney” or “attorney referral services” in the yellow pages of the telephone book. These services can set up an initial appointment for you with a lawyer for a nominal fee (usually less than $50). If there is no lawyer referral service in your city, The Florida Bar’s statewide service can locate a lawyer for you. You can call this service toll-free at (800) 342-8011. The statewide service, which operates only in cities where there is no local program, will refer you to an attorney for an initial half-hour consultation for a nominal fee. The Florida Bar’s consumer pamphlet “How To Find A Lawyer In Florida” may also help.

I say:

Document preparers routinely urge consumers to seek legal advice or representation when and if the case becomes more complicated than the consumer first thought. Many consumers consult with an attorney before using a document preparer; and have already received legal advice before hiring a document preparer. Some consumers find attorney prices unaffordable after the initial consultation; and seek assistance for a legal document preparer instead of an attorney. It is also common for a consumer to seek the services of a document preparer after an attorney withdrew from his case. FALDP maintains a Member Directory with information about FALDP Members throughout the state. Consumers can call 800-515-0496 to be matched with a legal document preparer who may be able to assist them. 

In the long run, it is attorney's best interest to adapt with the times, and recognize that legal document preparers provide a vital consumer service, and have a niche in the marketplace. Attorneys railing against document preparers and trying to put document preparers out of business through intimidation and half-truths is a losing proposition. Just ask the dinosaur.

So Why Can't I Own a Law Firm?

I know, I know, because I'm not an attorney and the rules say so, that's why. I know, but why?????????

I have a few reasons for my curiosity. First, an associate received the dreaded letter from the Florida Bar stating that her company may be engaging in the unauthorized practice of law. The apparent red flag: stated on her website is that she has an attorney on her team. Her site also states that they do not provide legal advice or representation; and that her company focuses on document preparation for family law matters and divorce mediation services. I'm not sure what the word "team" means, but the Florida Bar thinks it might lead consumers to believe that they could receive legal advice as part of her company's services. Perhaps. But why is that a problem? I mean an attorney offering legal advice doesn't sound sinister.

Then I wondered, how is this any different from Legal Zoom putting the law on my side in their national advertising campaign with Attorney Robert Shapiro of OJ Simpson fame as spokesperson? I have absolutely no argument with Legal Zoom, and believe they have done a great job in educating the public. However, isn't Shapiro's smiling face similarly misleading?

In Florida, as in most parts of the United States, nonlawyers are prohibited from owning law firms. The exception is Washington DC where its allowed, and has been since 1980.

Published on Mar 19, 2014

Mar. 19, 2014 (Mimesis Law) -- Mike McDevitt, CEO for Tandem Legal Group, is not a lawyer, but thanks to an obscure rule in Washington, D.C.'s code of ethics for lawyers he is able to have an ownership interest in the law firm he runs. But that doesn't mean he's advising clients on legal matters. "My level of knowledge on law is not that high, so I'm not going to get involved in legal decisions for our organization," he tells Lee Pacchia [in a you tube interview]. "My job as CEO is to help our organization run an efficient and effective firm."

Tandem Legal Group's business model is refreshing and reminiscent of an era when businesses sought out legal advice, before a crisis erupted. The business theory of Tandem is to help their clients grow their businesses - together - in tandem. Great concept.

The U.K. and Australia allow nonlawyers to own and operate legal firms, apparently without damage to consumers. An article by Attorney Robert Denney, "The Newest Big Issue: Non-Lawyer Ownership or Investment in Firms" (1/13) discusses the issue.

According to Denny, 23 years ago the U.K. passed the Courts and Legal Services Act of 1990 (CLSA) breaking the monopoly that attorneys had over legal services. This act allowed non-lawyers to enter the legal market by the creation of "Alternate Business Structures" and allowed lawyers and non-lawyers to work together to deliver legal services and also solicit outside investments.

After that, a major personal injury firm in Australia, filed a public stock offering. And, in 2007 the U.K., passed the Legal Services Act, succeeding the 1990 act. The motive behind these developments was to increase consumers’ access to legal services and to increase competition in the legal profession.

Since the 2007 UK law passed various types of business structures and ownerships of law firms have emerged; including publicly traded personal injury and, real property law firms. In March 2013, British regulators allowed an organization that runs grocery stores, and also offers banking and insurance services to provide legal advice on divorce and other family law matters to its seven million members.

Imagine, having your divorce documents prepared through Sam's Club!

One of the recurring arguments from the bar associations against allowing nonlawyers to own law firms, is that it would dilute the integrity of the legal profession. Lawyers are professionals, and having nonlawyers as law firm owners would sacrifice the quality of legal advice in favor of pure monetary gain. [Lions and tigers and bears - oh my.] And that nonlawyers making legal decisions would damage consumers. There is some truth to that statement; and its simple enough to solve by dividing duties to prevent that situation. Lawyers make legal decisions; business owners make business decisions.

I don't have to be a doctor to have an ownership interest in a medical clinic. Good, bad, or indifferent, the corporate practice of medicine is alive and well in the United States.

      Florida law does not prohibit the corporate practice of medicine, but does prohibit "fee-splitting" by health care professional. .. However, there is no prohibition on a health care provider's forming and operating his or her medical practice as a regular business corporation (usually designated by the abbreviation "Inc.") or as a regular limited liability company ("LLC"). Click Here to Read More.

Fee splitting is also prohibited between lawyers and nonlawyers.

1. The origin of fee splitting prohibitions in Florida are founded on certain core principles which are fundamental to the legal profession's proper function.

2. These principles include the protection of a lawyer's duty of loyalty to a client, the lawyer's duty of independence in making decisions which are in the best interest of the client and no other, including the lawyer; the lawyer's duty to hold client confidences inviolate; the lawyer's duty to act free of impermissible conflicts and the lawyer's duty of competence.

Rule 4-5.4 of the Rules Regulating The Florida Bar and ABA Model Rule 5.4 have long prohibited the sharing of fees generated by the rendition of legal services with non lawyers because of the lawyer's duty of independence and the lawyer's duty to exercise loyalty to the client over and above any duty to the lawyer or to the organization employing the lawyer. www.FloridaBar.org

In 2011, The Florida Bar News, published an article posing the following question:

"When is fee-splitting OK?"

"Should lawyers be allowed to split fees with private lawyer referral services or at least pay a flat 
fee per referred case?"

As it is now, lawyer referral services are only allowed to charge a subscription fee for attorneys to receive referrals, but may not charge a flat fee, or percentage, per referral. Many nonlawyers would happily refer to attorneys if they could. As it is, there is nothing to gain for a nonlawyer document preparer to refer a customer to an attorney. The attorney is not allowed to pay a referral fee, and many attorneys would prefer that nonlawyer document preparers didn't exist to begin with. Why, then, would a document preparer refer a paying client to an attorney? Answer is, for the good of the client. And that's fine, and fair enough.  

However, many document preparers have been unable to cultivate any sort of relationship with any attorney, as there is all too often an uneasy coexistence between lawyers and non. After all, it is difficult for a nonlawyer document preparer to see his way clear to refer to any attorney when it is often attorneys who complain to the Florida Bar about nonlawyers possibly engaging in the unauthorized practice of law. Some individual nonlawyer document preparers and some individual attorneys exchange referrals for no fee; but these arrangements are exceptions and not the norm. A more frequent scenario is that when a nonlawyer document preparer realizes that the consumer needs legal advice rather than document preparation, the consumer is simply turned away, with no referral to anyone or any resource. How does this help consumers? Answer is, it doesn't.   

In the previously mentioned article - "When is fee-splitting OK?", former Board of Governors member D. Culver “Skip” Smith , who raised the question during the Special Committee on Lawyer Referral Services, stated "it could be seen as hypocritical that Bar rules prohibit sharing or splitting fees with nonlawyers in all cases except one — with nonprofit lawyer referral services approved by the Bar. Essentially those are programs run by area voluntary bars, plus the statewide program run by the Bar. (If a lawyer takes a referral from one of these services, a percentage of the final fee, typically 10 or 15 percent, reverts to the service to help fund its operations. The services also collect a small up-front fee from the callers who accept a referral.)"

and, Smith continued:

“For-profit referral services, it seems to me, are not going to stay in business charging an annual subscription fee or an annual membership fee. They want their money per case,” Smith said. “I believe that a per case flat fee is not fee-sharing. . . . Lawyers expect to pay something per case for these referrals in this day and age. Obviously, you don’t pay a percentage like half of the fee, but a flat fee that’s not based on the size of the fee.”

However, "Bar Ethics Counsel Elizabeth Tarbert explained to the committee why the Bar disagrees.

“The reasons that we prohibit fee-sharing with nonlawyers generally are to stop a nonlawyer from having control over the lawyer’s independent professional judgment in representing clients and providing active counsel and good competent advice to their clients,” she said. “Generally, the control follows the money, and if the nonlawyer has the money, the nonlawyer is the one calling the shots.”

With the local bar-run programs, the Bar has direct control and can revoke a program if it violates Bar rules, Tarbert said, eliminating the risk the service will meddle in how a case is handled."

And there you have it.

Follow the money. The Florida Bar is concerned that the nonlawyer will call the shots. And, I completely agree that legal decisions should be left to the legal professional. Just as when someone who is not a doctor operates a medical facility, medical decisions must be left to the medical professional. However, having someone who is not an attorney make the business decisions may be the best thing that could ever happen to attorneys. In the best of all possible worlds, the day to day business activities - marketing, customer service - and long term business planning could be done by a business professional. Attorneys could focus on giving legal advice and litigation.

As it is, I have no doubt that business decisions that attorneys make on a daily basis affect their independent judgment in providing active counsel and good competent advice to their clients.