Legal Self-Help

Note: We do not give legal advice nor attempt to solicit legal work. We share our thoughts and experiences. These pages are for information purposes only. If you have any doubts contact a lawyer.

Important: Read this ruling from Chief Justice Judge Farmer of the Florida 4th District Court of Appeals. It shows the court's attitude towards permanent alimony.

Definition of legal terms

Suggestions To Self-represented Persons

Contempt Hearings:

• Don't stop your alimony payments. This is one of the worse things you can do. Take action immediately by petitioning the court for a temporary or permanent modification of your alimony when you find out you will be unable to make payments and before you are held in contempt.

• Do file a petition for modification of alimony if you have had unforeseen and substantial change of circumstances subsequent to your final dissolution. This will help in your defense at a contempt hearing.

• Don't miss attending a contempt hearing! If you do, [no matter what the reason] your status with the judge will indicate that you are ignoring a court order and there will be a presumption of an unwillingness to comply with the order. Judge's take a dim view of defendants who do this and impose severe penalties on them.

• Do provide a current financial affidavit and proof of assets at the hearing. The judge will look to your "present ability to pay" a purge amount in order to satisfy the reason for which you are being held in contempt.

• Do show you have a "willingness to comply" with the court order, but are "unable to do so" for whatever reasons you might have.

Recommended Reading:

These books will help you to understand the proceedings you will be facing, show you how to represent yourself in court, find out what the court expects of you, know what rules of procedure you will need to follow, what forms you need to use, give some tips and strategies you can employ to reach your goal, and suggestions of how to handle yourself in the courtroom.

They are written in easy to understand layman's language and will show you how to take charge of your situation and not let the opposition take advantage of you. They are the best how-to guides we have found.

How To Modify Your Alimony Payments	How To Defend Yourself In Contempt Of Court Hearings	How To Appeal In State District Courts	How To Lower Your Alimony Payments: Tips and Techniques
Jail: An Inmates Survival Guide	A Spouse's Guide To Hiding Assets	Other Legal Self-help books: Good list of books on this site.

Reading For Related Topics

• Alimony Guides
• Child Support Books
• Dating Guides
• Dating For Dummies
• Dating For Men
• Dating For Women
• Divorce Guides
• Divorce For Dummies
• Divorce And Children Books
• Father's Rights Books
• Mother's Rights Books
• Relationship Books
• Separation Guide Books

Pleadings and Memorandums of Law

• Full Pleadings on All issues - pdf
• Memo of Law: Alimony is Unconstitutional - pdf
• Memo of Law: Income Based Child Support is Unconstitutional - pdf
• Notice of Appeal - pdf
• Response to Motion to Dismiss - pdf
• Steps in Filing a Declaratory Judgment Lawsuit - pdf | Word doc.

Motions and Briefs

• Action for a Declaratory Judgment, Temporary Injunctive Relief and Permanent Injunctive Relief - (Acrobat Document)
• Appellate Brief - (Acrobat Document)
• Main Memo - (Acrobat Document)
• Response to a Motion to Dismissal - (Acrobat Document)
• No Right To Alimony

Rules, Requirements and Forms

• Application for Determination of Civil Indigent Status Form
• Florida Rules of Civil Procedure
• Florida Rules of Judicial Administration
• Florida Family Law Rules of Procedure
• Florida Rules of Appellate Procedure
  • Form of Briefs
• Federal lawsuit manual
• Case Filing Requirements
• Local Rules for Florida or the locate the ones for your state.
• Read about removal to Federal court
• Time for Response
• District Court of Appeals Docketing Statement
• District Court of Appeals Filing Calendar and Checklist:  pdf  |  Word doc.

Explanations and Information

• Discovery, Mandatory Disclosure, and Subpoenas - The Process of Exchanging Information In Family and Probate Court
• Federal Practice Manual - Outline for litigation followed by Legal Aid attorneys involved in poverty law.
• Florida Pro Se Litigation Report - Suggests that courts provide more help to those who can't afford an attorney.
• Homestead Protection Against Collection of Alimony
• Judicial Immunity - a comprehensive article on the history and evolution of judicial, quasi-judicial, etc. immunity for the state actors, such as judges, guardians ed litem, court-appointed experts, social workers, police, sheriffs, etc.
• Levels of Scrutiny Under the Equal Protection Clause
• Military Service and Florida Dissolution related issues such as domicile, benefits, retirement, garnishment, and support payment issues.
• Navigating the Former Spouse Protection Act.
• New Jersey A Party To Marriage Contract
• Standards of Review on Appeal - State
• Standards of Review - Federal Appellate
• State Immunity - Suing the State (and Other Government Entities) in the Twenty-First Century
• Removal and Remand..what are they? 
  If you are a defendant in a state lawsuit within the first 10 days of notice of the suit the defendant can remove the lawsuit to federal court.  Now the federal court runs the lawsuit, not the state court.
  
  The lawsuit must be such as to give the federal court subject matter jurisdiction to stay in federal court. That is a federal question or diversity, i.e. parties from different states.
  
  The Plaintiff in the lawsuit or the court--within 30 days (and this is very important)-can ask the federal court to remand the case back to state court stating the federal court does not have jurisdiction (power) to hear the case. The court on its own or on motion of the Plaintiff can then remand (send) the lawsuit back to state court from where it came.
• Removal - Everything you want to know about removal to Federal Court.
• No Right to Alimony
• 42 U.S.C. 1983 Civil Rights Claims Primer
• 42 U. S. C. 1994: Abolishes peonage

Gender Bias in the Courts:

• Race and Gender Bias in the Courts

 

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How to save a PDF file to your hard drive:  With your cursor on the desired link, right click your mouse, choose "Save Target As" and put it where ever you want it on your drive.

 

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