Four Common Mistakes When Filing Your Own Divorce Paperwork
DIY divorce is particularly common in divorces that either have very few assets to split up or are largely amicable. But though you can file your own divorce paperwork, there are often some challenges encountered throughout the process. Divorce is a fairly complex legal matter and laws and regulations vary depending on the state. Here are a few of the most common problems that DIY divorces will face.
1. Not Serving Your Spouse
It's always best to have your spouse served with divorce papers through formal channels, such as a process server, rather than simply handing them divorce papers. This is true even if you have prepared your own papers without legal help. Without a process server or other third-party entity, there's absolutely no evidence that the paperwork was served. Your spouse can simply forget when it was served and restart the clock on your divorce.
2. Delaying the Filing
The person who is first to file their divorce paperwork generally has a favorable advantage within the court system, even though it doesn't seem as though that should be true. If you feel as though your divorce may have contested elements -- but you still want to continue to complete your own divorce without legal counsel -- it's always ideal to file your paperwork before your spouse.
3. Failing to Get Proper Notarization
Once the divorce has been finalized, all of the documents will need to be properly notarized before they are sent in. Though this is a simple step, many individuals simply forget it because they aren't familiar with notary services or don't understand how critical they are. Without notarization, divorce documents are not legal; they have to be witnessed by a notary to be accepted when filed.
4. Not Responding to Inquiries
If there's something missing from the divorce documentation, an inquiry will be made for the supporting documents or for corrected information. Too often, those who are getting divorced consider the paperwork filed and forget to follow up. It's absolutely essential that you follow up on you paperwork and respond to information, or you may discover too late that you haven't been legally divorced.
Divorce paperwork can be filed by anyone, so it isn't necessary to engage any legal counsel. Many times, the appropriate divorce paperwork can be found online and through your local government. Though the above issues can occur, filing your own divorce paperwork is still often more affordable.
