Here you will find some of the most common questions I am asked. If you do not see your question, please contact me.
If your case qualifies, the flat-fee service includes:
Preparation of the documents required for the uncontested divorce.
Sending the documents to your spouse for review and signature.
Electronic filing of the documents with the court.
Routine follow-up concerning acceptance of the filing.
Coordination of one uncontested final hearing, subject to the court’s availability and procedures.
Representation of the client at one uncontested final hearing via Zoom.
Preparation or submission of the proposed final judgment, when required.
Delivery of the entered final judgment to the client.
Minor corrections required by the clerk or court are included as long as the agreed terms do not change.
The attorney’s fee is not published online. After a brief consultation and eligibility review, the firm will provide the flat-fee quote. Court filing fees and other third-party costs are separate from the attorney’s fee.
Many qualifying cases can be completed in approximately 30 days after filing. This is only an estimate and is not a guarantee. The timing depends on court scheduling, clerk and court processing, and both spouses promptly reviewing and signing all required documents. A delay by either spouse or the court will extend the timeframe.
The flat-fee service does not include:
- A divorce involving minor or dependent children or a pregnancy.
- Any request for alimony.
- The identification, valuation, transfer, or division of assets or debts.
- Negotiating disputed terms between the spouses.
- Substantive revisions after the documents have been prepared.
- Discovery, mediation, depositions, motion practice, contested hearings, trial, or an appeal.
- A default proceeding or service-related dispute if the other spouse stops cooperating.
- Additional hearings or in person hearings, or post-judgment work.
- Court filing fees, service fees, certified copies, notary charges, translation expenses, or other third-party costs.
If the case becomes contested or no longer meets the requirements, it will no longer be eligible for the flat-fee service. Any additional representation would require a separate written agreement.
Liliana L. Guarino, P.A. represents only one spouse. The other spouse is not a client of the firm, and the firm cannot provide legal advice to the other spouse. The other spouse may consult with an independent attorney before signing any document.
Yes, we do. We have partnered with Affirm, which offers flexible payment options that allow customers to pay over time, giving them control, convenience, and increased purchasing power. Learn more about Affirm.
A collaborative divorce process keeps all but the final filing out of the court system. Parties work at their own pace working out the divorce details with a team of their attorneys and other trained professionals. Judges are not involved in making decisions. This approach limits exposure to public records.
Yes. In fact, both parties have their own divorce attorneys, looking out for the best interests of their client. Collaborative divorce attorneys work closely with all parties with the goal of reaching the divorce as smoothly as possible.
Yes. With collaborative law you share professional resource costs with your spouse. Trained professionals in finance and mental health are utilized by both parties, thus saving money. These professional are less expensive than attorney fees and often are better suited to address the various aspects of preparing for a divorce.
Courts are working via secure video conferencing for hearings and mediation. A link is issued and when the time is right you just log-in.
Much is the same as making a physical appearance. Parties get sworn in, take the Oath, and testify. Liliana will be there to represent you.
With Liliana you’ll need an email account and a computer or smartphone for video calls and electronic document signing. You don’t need to be computer-savvy. Liliana and her team are here to help every step of the way. The process is secure and legally binding.
All conversations can be done over the phone or via video conferences. Legally-binding documents are emailed for review and digital signatures. Florida courts are now conducting business online too. You can literally get divorced in Florida without leaving the comfort of your own space.
No. The flat-fee service is limited to cases in which there are no assets or debts requiring identification, valuation, transfer, or division. A divorce involving property, financial accounts, retirement benefits, real estate, business interests, loans, credit-card obligations, tax liabilities, or other assets or debts requiring division would need to be evaluated separately.
If your case qualifies, the flat-fee service includes:
Preparation of the documents required for the uncontested divorce.
Sending the documents to your spouse for review and signature.
Electronic filing of the documents with the court.
Routine follow-up concerning acceptance of the filing.
Coordination of one uncontested final hearing, subject to the court’s availability and procedures.
Representation of the client at one uncontested final hearing via Zoom.
Preparation or submission of the proposed final judgment, when required.
Delivery of the entered final judgment to the client.
Minor corrections required by the clerk or court are included as long as the agreed terms do not change.
If the court approves the documents and signs the final judgment, the divorce becomes effective upon entry of the final judgment. This often occurs at or shortly after the final hearing, but the timing is controlled by the court and cannot be guaranteed.
Court filing fees are set by the clerk and are separate from the attorney’s fee. Other costs, including service, certified copies, notary charges, or similar third-party expenses, are also separate when applicable.
If the case qualifies, the flat attorney’s fee is due before the firm begins preparing or filing the documents. The amount is provided after the initial consultation and eligibility review. Court filing fees and other third-party costs are separate.
You may qualify for the flat-fee uncontested divorce service if all of the following are true:
- You and your spouse agree that the marriage is irretrievably broken.
- You have no minor or dependent children together, and neither spouse is pregnant.Neither spouse is requesting alimony.
- There are no assets or debts requiring identification, valuation, transfer, or division.
- You and your spouse have already agreed on every issue.
- Your spouse is cooperative and will promptly review and sign the required documents.
- At least one spouse satisfies Florida’s residency requirement.
- The case remains completely uncontested through entry of the final judgment.
Final eligibility for the flat-fee service is determined after an initial consultation and review of the circumstances.
The attorney’s fee is not published online. The flat-fee option is limited to a qualifying uncontested divorce with no minor children, no alimony, and no assets or debts requiring division. After a brief consultation and eligibility review, the firm will provide the flat-fee quote. Court filing fees and other costs are separate.
My goal is to head this off from happening. The spouses must agree on every issue before the case can qualify for the flat-fee service. Minor corrections that do not change the agreed terms may be included. Negotiations or substantive changes are not included. If a disagreement develops or the requested changes affect the substance of the documents, the case may no longer qualify for the flat-fee service.
The firm will request or coordinate one Zoom uncontested final hearing in accordance with the court’s procedures. The date and availability are controlled by the court. Many qualifying cases can be completed in approximately 30 days after filing, but this is only an estimate and depends on court scheduling, court processing, and both spouses promptly signing the required documents.
Name changes are included in the package purchased from the court house. Name change is an option. There is no additional charge for changing your name if done during the final divorce stage with the courts. Name changes require personal appearance.
If someone decides to change a name after the divorce that would be a separate petition.
The Settlement Agreement and Parenting Plan are the final deliverables. Next you must purchase a package for divorce at the courthouse. Fill out the forms and file the petition for divorce without an attorney.
Only the petitioner appears for a final hearing where the judge signs a final judgement of the dissolution of marriage. No attorney is necessary. Mediators cannot file papers or appear with them in front of the judge.
You do not pay for 2 lawyers, only one mediator. Mediation allows for the minimum of court intervention.
Mediation is confidential. Should you choose divorce after attempting mediation, no information conveyed during the mediation can be divulged in court. Both parties sign a disclaimer that they understand how the process works.
A Family Mediator is a facilitator that acts as a neutral party. They do not represent either party. Both parties are always present. They dictate their goals to the mediator. A mediator asks questions and provides options without giving legal advice. The mediator prepares the agreement.
Mediation is less expensive than divorce. With mediation, you do not retain a lawyer. Mediation allows the both of you to make important decisions instead of leaving it up to a judge.
If you and your spouse can work together. If you both make decisions based on the best interest of the children and are committed to maintain that relationship for the children you are good candidates for Family Mediation.
There are several options. A settlement agreement can be reached through negotiations between the attorneys, or your attorneys may consider it necessary to go to mediation. There is also the collaborative process where spouses and their lawyers with special training in collaborative law commit to settle all their differences out of Court. It is best to consult with an attorney to decide which option is the best for you.
Generally, each spouse pays the initial retainer to his or her own lawyer. If you are the spouse in need of financial help, your attorney can request temporary support for you and also attorney’s fees to help cover the costs of your representation. Same as alimony, awards of temporary attorney’s fees are based on your need and your spouse’s ability to pay.
It depends. Alimony is based on your need and your spouse’s ability to pay. We do not have “alimony guidelines” in Florida, that is why it is so important to have competent attorneys representing you. There are several factors that the Court will consider when granting alimony, such as the length of the marriage.
Unless your former spouse agrees to it, you will need to file a petition for relocation if you want to move with the child(ren) more than 50 miles away from the other parent’s residence.
The new language for “full custody” is “sole parental responsibility.” Most parents in Florida have shared parental responsibility. In order to obtain sole parental responsibility, you will have to prove to the Court that shared parental responsibility is detrimental to your child(ren).
Yes. The general premise is that everything acquired during the marriage is to be split 50/50, regardless of title. There are many other factors that are important to consider, such as inheritances and pre-nuptial agreements.
Yes, you could. You will be a “self-represented litigant.” But unless yours is a very simple case, it is not recommended. There are steps and procedures that you must follow. The slightest mistake can cost hours of an attorney’s time to fix. There are also rights that may be waived forever unless exercised on time.
You do not need spousal consent to get divorced. You do not need to prove grounds for your divorce either. All the Court will require from you to dissolve your marriage is that you state, under oath, that, in your opinion, the marriage is irretrievably broken.
In Florida we do not have a “legally separated” status. If you decide to live apart, you will still be legally married until a final judgment for dissolution of marriage is entered.
Yes, as long as you and/or your spouse have resided in Florida for at least 6 months, regardless of your immigration status.
