In recent years, the number of divorces seen nation-wide has increased dramatically. Currently, there is a 40% chance that a person's first marriage will end in divorce. The number does not get better for subsequent attempts with 60% of second marriages ending in divorce and 75% of third marriages ending. With the rise in these costs, there was a trend in Florida for people to represent themselves in their divorce proceedings. Pro se litigants, Latin meaning "for himself, in his own behalf, in person," means that a person does not hire a lawyer to represent him in a civil or criminal matter. In divorce, this is a risky option because divorce laws are so complicated and the battles can take months.
Does an individual really have the time to think about this stuff for months on end if they are also trying to work at the same time? I think not. The main reason that people are representing themselves in divorce proceedings is that they cannot afford the legal representation. Many people can not afford to hire a lawyer but do not qualify for free or pro bono representation.
Other people that are conducting their own divorce proceedings can hire a lawyer but choose not to do so. This trend has prompted the Florida legislature to change the laws concerning divorce attorneys. It used to be that all of an attorney's services for a divorce were bundled into one (expensive) package. It did not matter how simple your divorce was going to be, you got all of the available services. Attorneys present at hearings and negotiations, beautifully drafter separation agreements. You name it, you got it.
This method, however, made divorce attorneys extremely expensive. Under the new laws, attorneys can unbundle their services. This allows for an A La Carte menu of services from which prospective clients can choose to order.
A person can choose to have an attorney draft a separation agreement but not be present for an uncontested divorce hearing. This has made the services of attorney's much more affordable. In addition, it allows the legal climate to be more "user friendly". Unfortunately, alimony hearings are still quite complicated and inconsistent. As it stands now, one never knows quite what will happen in an alimony hearing.
The three main variables are the judge, the county, and the individual case. So basically, a person never knows what to expect. A solution to this problem would be to have a point system in place. Points would be assigned for various factors such as length of the marriage and standard of living during the marriage and then added up.
The total number of points would be easily translated to a monetary amount of alimony. The judge would not have to agree in whole to this number, but it could at least serve as a starting point. This would give the alimony process the same level of stability and predictability that the child support process already has.
Joe Devine For more information, visit http://www.kleinattorneys.com
