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Pro Se Solutions, Inc. is proud to offer the following services.
Please click a service for more information. A short
description has been provided, however, if you find that you have further questions
regarding one of our services, please
contact us
directly.
Uncontested Divorce
Florida is considered a "no-fault" divorce state. This means
the person filing for divorce does not have to state grounds,
such as adultery or abandonment. In Florida, the only
requirement is that the marriage is irretrievably broken.
There is a six-month residency requirement for at least one of
the parties. There is also a
twenty (20) day waiting period from the date the petition is
filed before a final hearing date can be obtained. The
Petitioner (person filing for the divorce) must appear in
court to testify that both spouses agreed to the divorce. A
Final Judgment of Dissolution of Marriage is then entered by
the Judge, making the divorce final.
The following requirements must be met to obtain a no fault
divorce:
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Your spouse must agree to sign the necessary
paperwork.
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You must agree to the division of all real
and personal property.
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You must agree as to who accepts the
liabilities of the marriage.
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You must agree to be jointly responsible for
any tax liability through the end of the year.
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If there are children involved, both parents
must attend a
Parenting Class. We
provide to you the necessary information for your counties
classes.
*If you do not know where your spouse is, we
can help. Please call for more information.
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Bankruptcy
Signs that you may need to consider bankruptcy:
1. You are making only the minimum monthly payment on credit
cards.
2. Transferring balances from one credit card to another.
3. Taking cash advances on credit cards to pay bills.
Chapter 7 Bankruptcy is utilized by persons who wish to
eliminate their debt and obtain relief from future obligation
for those debts. In a Chapter 7 Bankruptcy, the debtor
requests that the Court liquidate all non-exempt property in
order to pay creditors. In addition, the debtor may choose to
remain in possession of items such as homesteaded property or
an automobile.
It is recommended that prior to filing bankruptcy, you obtain
a copy of your credit report. More often than not, there are
issues on an individuals credit history that they were not
aware of. All creditors should be listed in your bankruptcy
for your own protection.
The Chapter 7 Bankruptcy process takes about four months from
beginning to end. The court requires a $209.00 filing fee.
This fee is not included in our price to prepare your
documents. You may pay by cash, money order or certified bank
checks. NO PERSONAL CHECKS or CREDIT CARD payments are
accepted. We will file your case for you for a nominal fee.
Filing bankruptcy places into effect an automatic stay. This
immediately stops your creditors from attempting to collect on
your debt. The automatic stay also stops garnishment and
foreclosure proceedings, temporarily.
The bankruptcy court appoints a Trustee to oversee your case.
The Trustee's main interest is any non-exempt assets you own
that may be liquidated (sold) in order to pay your creditors.
Shortly after filing the bankruptcy petition, you will be
notified of a 341 Creditors' Meeting, which you must attend.
This is a short meeting conducted by the Trustee to determine
whether you have any assets which may be seized or surrendered
in order to pay off some or all of your debt.
Generally, secured debts, such as homesteaded property and
motor vehicles, may be "reaffirmed" if you continue making
payments.
Some debts that are nondischargeable in bankruptcy are:
After the bankruptcy process is over, most of your debts will
be "discharged" or wiped out, meaning you will no longer be
legally liable for payment of the discharged debts. A
bankruptcy can remain on your credit history for up to ten
(10) years, affecting your future credit.
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Stepparent Adoption
The State of Florida has guidelines regarding who may adopt a
child. Naturally, a husband and wife may jointly adopt a
child. An unmarried adult and the child's natural parent may
adopt. In addition, a step-parent may adopt his or her
spouse's child.
There are cases where the biological parent is not active in
the child’s life. The advantages in these situations to
stepparent adoption are:
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Adoption may help nurture the relationship
between the step-parent and the child.
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Adoption eliminates the biological parent's
rights to the adopted child, and the step-parent becomes the
legal parent and guardian of the child.
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The adopted child has the same rights and
obligations of a natural child. An adopted child would have
rights to the step-parent's inheritance just as if he or she
were the child's birth parent.
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Wills and Trusts
A
will is a document which directs the disposal of a person's
real and personal property in the event of his or her death.
A will may also contain a provision for the guardianship of
minor children, and appoints someone to execute the will.
Any adult of sound mind is entitled to make a will.
You must date and sign the will in front of at least
two witnesses. These witnesses must be people who are not a
party to the will.
Living Wills
You can save your family considerable emotional stress by
taking a moment from your busy life to prepare a living will,
also known as a Healthcare Directive. This short document
contains instructions regarding health care and life support
should a person become incapacitated or terminally ill. A
living will should be prepared while a person is in a
rational state of mind, before he or she becomes
incapacitated. The directive creates a contract with the
attending physician and hospitals. Once received, they are
bound to honor a properly executed directive.
Living Trusts
A
trust, somewhat like a corporation, exists only on paper, but
is capable of owning property. However, a trustee must be
appointed to be in charge of the property. You can actually
appoint yourself as trustee. A living, or revocable, trust
allows property to be transferred promptly to beneficiaries
upon a person's death, avoiding the necessity of probate and
probate fees. A living trust may also reduce or eliminate
federal estate taxes. It may be amended or revoked at any
time, however a trust must be properly funded in order for tax
benefits to be realized. Please consult your accountant prior
to making your decision.
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Incorporation and Business Startup
When you start a business, you must decide whether you will
set up a sole proprietorship, a partnership, a limited
liability company, or a corporation.
Sole Proprietorship
For many small business owners, either a sole proprietorship
or a partnership (if more than one person is involved) is
usually sufficient. They are simple and inexpensive to start
up and operate. All profits or losses are reported on the
owner's personal income tax return. Keep in mind, a sole
proprietorship or partnership makes the owner personally
liable for the debts of the business.
Fictitious Name
Your new business will need a name. Should you choose to use
only your legal name, you certainly can do so. However if you
would like to have a special name for your business,
describing what you do, you will need to file a form with the
State of Florida for a fictitious name. As an example: You
are John Smith. You would like to name your company Smith
Home Repair Services. You will need to file a factious name.
And you will want to be sure this name is not being used by
anyone else in the State of Florida.
Corporation
Forming a corporation is more costly and complicated. The main
benefit of a corporation is that it protects a company's
assets. It reduces the corporate officers' liability should
legal action be taken against the corporation. Once
incorporated, no other business can legally use your corporate
name.
S Corporation
The owners of an S corporation have limited personal liability
for business debts, and each owner's share of the profits or
losses of the corporation are reported on their personal
income tax returns. In addition, the owners may use any
corporate loss to offset other income, based on their
ownership percentage.
Limited Liability Company
Owners of an LLC have limited personal liability for business
debts, and the profit and loss of the company do not have to
be allocated according to ownership interest. The Internal
Revenue Service now allows an LLC a choice between being taxed
as a corporation or a partnership.
In Florida, all incorporated companies are registered with the
State of Florida. A Registered
Agent, many times one of the corporate officers, is appointed
to receive correspondence from the Division of Corporations,
as well as legal documents.
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Contracts
Three important points make a contract legal.
They are: offer,
acceptance and consideration. This means that the parties to
the contract are in agreement, and that something of value has
been exchanged. This can be a
promise to perform a certain job or a promise to pay a fee for
that job. A contract need not
be written to be valid, oral contracts can be very difficult
to prove. Always, get it in writing! Even small loans to a
family member should be documented. If someone is offended by
your request for them to sign a contract, reconsider the deal.
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Name Changes
There are some restrictions on choosing a new name. You cannot
change your name with the intent to do something illegal. As,
changing your name to avoid paying debts, to keep from being
sued, or to get away with a crime would be considered
unacceptable reasons for a name change.
You also may not change your name with the intent of
interfering with the rights of others, such as using a famous
person's name, nor may you use a confusing name, like a number
or a question mark.
Also, you cannot choose a name that is discriminatory against
a certain race of people, or choose threatening or obscene
words.
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Child Support and Custody
Modification
To modify an existing child support or custody order, it must
be approved by a judge, even if both parents agree to the
change. Usually, the court will not modify an existing order
unless the parent requesting the modification can prove that
his or her circumstances have substantially changed
since the time of the original order. Some good reasons might
be a job change, additional income, physical residency of the
child, disability, law changes, cost of living, or an increase
or decrease in the needs of the child.
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Power-of-Attorney
A
power-of-attorney is used to appoint another individual to
make decisions for you should you become unable to do so. In
effect, you are giving another person the legal authority to
act on your behalf. This person is referred to as an
attorney-in-fact or agent. A power-of-attorney may be drafted
so that it is effective when you sign it. Or you can direct
that it not go into effect unless a doctor declares that you
are incapacitated. A durable power-of-attorney remains valid
even if you become incapacitated. A power-of attorney might be
to pay your bills for you, make investments, operate a
business, or handle real estate transactions. The amount of
authority you give to your attorney-in-fact or agent, is
completely your decision.
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Quit-Claim Deeds
A
quit-claim deed is used to transfer all right, title and
interest to your property into someone else's name. Quit-claim
deeds are often used by divorcing couples. The quit-claim deed
removes a person's name from a deed or title, however, it does
not relieve that person's obligation for mortgages, liens or
loans on the property. After a quit-claim deed is signed and
notarized, it should be recorded in the county where the
property is located.
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Leases and Rental Agreements
A
lease or rental agreement is the most important document in a
landlord-tenant situation. It sets forth such issues as the
amount of rent, length of tenancy, deposit amount, pets, and
access to the rental property by the landlord. Leases and
rental agreements should always be in writing to avoid
disputes. The difference between a lease and a rental
agreement is that a rental agreement provides for a short
period of occupancy, while a lease is used for long-term
rental.
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Notary Services
A
Notary Public is a licensed public officer, appointed by the
Governor, who administers oaths,
certifies documents, and performs other specified functions.
A Notary Public's signature and seal are required to authorize
the signatures on many legal documents, such as deeds,
affidavits, and powers-of-attorney. You are required to
provide the notary a valid, photo identification prior to
service.
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