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Divorce help
divorce.shared4u2.com
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Online divorce kits are being utilized now more than ever. In today's struggling economy,
many people are looking for ways to save money and couples are choosing to represent
themselves in their divorces in order to avoid paying high attorney's fees. There are numerous
resources available online that provide divorce kits to help you represent yourself in your own
divorce. You have to be careful, however, that the kit you choose is accurate and legally sound.
The following are five common mistakes made when using online divorce kits:
Mistake #1: Not properly serving the other spouse
Although many online divorce kits provide you with the documents you need to get divorced, they
don't always provide you with proper or thorough instructions on how to navigate the legal maze to
obtain your divorce. Many times, they do not give any advice at all about how to make sure your
spouse is properly served.
In any lawsuit, all parties must be "served." This means that your spouse must be properly notified
of the divorce proceedings. Your spouse must either be personally handed the divorce papers by
a constable or sheriff, or she or he has to properly execute a "Waiver of Service." Mailing the
papers to your spouse is not proper service. A party can sign a "Waiver of Service" to avoid
having to be personally served by a constable or sheriff. However, a very common mistake people
make when using a "Waiver of Service" from an online kit is having the spouse sign the waiver
before the Petition for Divorce is filed. Many divorce kits fail to tell you that this Waiver of Service
must be signed after you file your Petition for Divorce, or it is not valid.
If you show up to court ready to finalize your divorce with all of your documents, and your Waiver
of Service was signed by your spouse before your Petition for Divorce was filed, the judge will turn
you away and make sure you properly serve your spouse before your divorce can be granted.
Mistake #2: Failing to properly calculate child support
Many online divorce kits do not provide you all of the information necessary to properly calculate
the amount of child support your spouse will need to pay. Some services will tell you that
the child support amount for 1 child is 20%, 2 children is 25%, etc. Although this is basically true, it
does not take into account many other factors that the court must consider. The percentage of
child support is calculated from the parent's net resources. This means the parent's take home pay
after taxes and after the cost of medical insurance for the child(ren). Also, most online services do
not explain that if the parent who is going to pay child support has other children, then the
percentage amount of child support will be different.
Mistake #3: Leaving out required provisions in the Decree
Most online divorce kits are provided by national businesses that use cookie-cutter, boiler plate
language. This can be dangerous because divorce laws vary from state to state. In Texas, for
example, there are many provisions, or statements, that must be in your divorce decree for it to be
valid and enforceable. For instance, if you have children, there must be a statement about whether
or not there has been a history or pattern of family violence in your relationship in the last two
years. Many divorce kits neglect to include this provision and others that are required by law. If
you are using a kit to get divorced in Texas, you should make sure your divorce kit is prepared by
someone familiar with Texas laws and procedures so that you avoid using a divorce kit that does
not include important statements required by law.
Mistake #4: Using an unenforceable order
Many divorce kits provide you with a final decree of divorce that is not enforceable. This means
that if one of the parties does not follow the terms of the order (such as visitation or child support),
then you cannot take your spouse back to court to enforce the order. In order to hold a party
responsible for what he or she has been ordered to do, the order must contain very specific
language. The problem with many online divorce kits is that they provide fill-in-the-blank, or
"check-the-box" provisions that are not specific enough for a court to hold the party responsible for
the terms of the order. This can be very devastating for a parent, for example, to learn that he or
she cannot take the other parent to court to enforce a child support order and get paid the money
he or she is owed, all because the parent used a poorly written divorce kit.
Mistake #5: Going to court unprepared
Most divorce kits do not give you any specific information about the court you will be filing your
paperwork in, what you need to bring with you, or what you will need to say for your divorce to be
finalized. Many divorce kits simply send you the paperwork and send you on your way,
completely unprepared. If you are using a divorce kit to dissolve your marriage, you must
be prepared when you go to court. You should know where to go, what building, what
courtroom, etc. You should also have a personalized script that tells you exactly what to say when
you testify in front of the judge. You should also know what paperwork you will need and how
many copies you will need of each set of papers. Many divorce kits lack these basic instructions,
so you must be careful to select a divorce kit that will give you all of the information you need.
Divorce kits can be a great tool to help you divorce yourself. However, it is important that
you select a kit that is accurate and legally sound. Choosing the proper kit is very
important. If possible, you should seek one that is prepared by an attorney in your state.
Texas Legal Partner [http://www.texaslegalpartner.com] completes custom legal documents
specific to your individual case. All documents are completed and thoroughly reviewed by a
LICENSED TEXAS ATTORNEY, which will give you peace of mind knowing that your documents
are accurate and legally sound. Find online forms for agreed divorce, divorce kits, online will
& testament, and learn how to change your name legally online with Texas Legal Partner.
Many routine legal matters are easy for you to do yourself, but some attorneys charge large fees
for their time. Texas Legal Partner will guide you through the process, ensure all your documents
are completed accurately, and let you know where and how to file them in Texas all for one
reasonable price.
Article Source:
http://EzineArticles.com/?expert=Angela_C._Holmes
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Divorce help
divorce.shared4u2.com
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