Can I file/serve my husband divorce papers myself and if he contest it then get a lawyer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I file/serve my husband divorce papers myself and if he contest it then get a lawyer?
I want alimony and child support.
Asked on December 23, 2016 under Family Law, Delaware
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes...there is no law or rule requiring an attorney for this, though having a lawyer is *strongly* recommended, since a mistake in process or procedure, such as how to properly file and serve the papers, can result in the matter being dismissed. If you do initiate the matter yourself, you can always get an attorney later, though since you initiated the matter "pro se" (as your own attorney), the lawyer will have to "substitute in" (file the correct notice that he or she is taking over and appearing for you) to become your lawyer of record.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.