I am trying to file for uncontested, simplified divorce in the Miami Dade county and I just want someone to review my forms or to provide them not at an attorneys fees as my case is simple (no children, no assets, no property, 2.5 years), we are both in agreement and I can go to court. What is the difference between a paralegal and an attorney in terms of paper preparation? Some paralegals provide their own forms as well. And why are the prices so different? I have researched from paralegals $75 (he said we could do it over e-mail) to $500 plus court fees.. and Attorneys from $750-$1500 for my case. Please help I am really confused of which route to take or who to trust.
I believe that most attorneys are better suited to handle legal issues and documents than are paralegals. To a certain extent, you get what you pay for. Your "simple" situation may perhaps be handled well by a paralegal, but there may be certain issues and details to be considered. You're more likely to get things handled properly (in my opinion) if you go with the person with the deeper training.
When you hire an attorney, you are paying for a licensed member of The Florida Bar with a Juris Doctorate degree. Attorneys may represent you and speak on your behalf in a court of law, paralegals cannot. In my opinion, it is always best to hire an attorney who is well versed in family law to advocate on your behalf during a dissolution proceeding, simplified or not. With that said, should you choose to represent yourself, you may contact the Family Court Self Help program, which is located in the Lawson E. Thomas Courthouse Center at (305) 349-7800. The Self Help program provides applicable packets and forms for a fee, as well as providing assistance in filling out the same. As far as the price difference between the quotes you have mentioned, attorneys base their fees on their experience and on the complexity of any given case. Hope this helps. Best of luck.
Court fees will be required whether you file the divorce yourself, use a paralegal or use a lawyer. A paralegal will go over forms with you to make sure they have been properly completed but they can't offer legal advice. A lawyer will prepare a settlement agreement that is tailored to your specific needs and can advise you on other topics you might not have thought of... such as alimony (maintenance), division of debts, or how the income tax refund will be divided, etc. A lawyer will file all the paperwork and take you to court and present your case before the judge. You can certainly do this yourself if you have the time and want to save money.
Most paralegals that are doing this are skirting the law which prohibits the unlicensed practice of law. They cannot give you legal advice. At all. Is that the type of help that you want? You certainly get what you pay for.
Paralegals cannot provide legal advice. Only an attorney can provide legal advice. I cannot comment on the fees another attorney individually quoted for your case. Each case is different. What I can say is that in my opinion an attorney fee for a no assets/no children case in a short term marriage (less than three years) sounds reasonable in the $750-$1500 range you stated.
A person who is a paralegal has a few months of training. A lawyer has a doctorate degree in law. Lawyers are allowed to give legal advice, a paralegal commits a 3rd degree felony every time they give advice. All a paralegal can do is take information and put it onto a form. There are forms, with instructions, at flcourts.org.
