In this guide
1. Failing to Meet Filing Requirements
Every state has its own rules about who can file for divorce and where. Many people assume they can file in any county or state, but you typically must meet residency requirements, such as living in the state for a minimum period (often 6 months to a year) before filing.
Additionally, you must choose the correct court – usually the family court in the county where you or your spouse resides. Filing in the wrong court can result in your paperwork being rejected, wasting time and money.
Before you start, check your state's court website or call the clerk's office to confirm the specific requirements. Some states also require mandatory waiting periods or counseling, which you should factor into your timeline.
- Verify residency requirements in your state (e.g., 6 months in the state, 90 days in the county).
- Identify the correct court and jurisdiction based on where you and your spouse live.
- Check for any mandatory waiting periods or classes (e.g., parenting classes) that must be completed before filing.
2. Incomplete or Incorrect Forms
Divorce forms often ask for detailed information about income, assets, debts, and children. Leaving fields blank or providing inaccurate data can lead to delays or even court sanctions. For example, if you forget to list a bank account or retirement account, the court may not approve your property division.
Common errors include misspelling names (especially if your spouse uses a different name), incorrect Social Security numbers, and mismatched dates. Always double-check every entry against official documents like driver's licenses, tax returns, and financial statements.
If you're unsure about a question, don't guess. Research the form instructions, consult a self-help center, or seek legal advice. Incomplete forms are the #1 reason courts reject filings. You can divorce papers with a state-specific template here.
- Use full legal names exactly as they appear on identification documents.
- Provide accurate financial details, including all assets and debts, even if you think they're irrelevant.
- Review forms for typos and missing signatures – a common oversight that causes rejections.
3. Not Including Required Financial Disclosures
In most divorce cases, both spouses must complete financial affidavits or disclosure forms that list income, expenses, property, and debts. This is crucial for determining alimony, child support, and property division.
A common mistake is underestimating or hiding assets, which can lead to severe penalties, including fines or having the divorce judgment overturned. Even if you're on good terms, both spouses must fully disclose.
Gather recent pay stubs, tax returns, bank statements, retirement account statements, mortgage documents, and credit card bills before filling out these forms. Be thorough and honest – it's better to over-disclose than to omit something.
- Prepare a complete list of all income sources, including bonuses, freelance work, and government benefits.
- List all debts, including credit cards, loans, and mortgages, with current balances.
- If you're unsure about a financial document, include it and note any uncertainties.
4. Improper Service of Process
After filing, you must legally notify your spouse by 'serving' them with the divorce papers. This isn't just a courtesy – it's a legal requirement. If service is done incorrectly, your spouse can contest the divorce, and the court may dismiss your case.
Methods of service vary by state. You may be able to serve by certified mail, personal delivery by a sheriff or process server, or even publication in a newspaper if you can't find your spouse. However, you cannot serve the papers yourself in most states.
Make sure you follow the exact rules for service, including deadlines. If your spouse is cooperative, they may sign a waiver of service, but this must be done formally. Keep proof of service (e.g., a receipt or affidavit) because you'll need to file it with the court.
- Determine the accepted service methods in your state (e.g., personal service, certified mail, or publication).
- Never serve the papers yourself unless explicitly allowed – it's often prohibited.
- File the proof of service with the court within the required timeframe, or your case may be dismissed.
5. Missing Deadlines and Court Dates
The divorce process is full of deadlines: responding to a complaint, filing financial disclosures, submitting a settlement agreement, and appearing for hearings. Missing any of these can result in default judgments against you, meaning the court may decide everything without your input.
For example, if your spouse files for divorce and you don't respond within the required time (often 30 days), they can request a default judgment, and you could lose your rights to property or custody arrangements.
Create a calendar with all deadlines and court dates as soon as you receive any paperwork. Set reminders. If you can't attend a hearing, file a motion for a continuance in advance – don't just skip it.
- Mark your calendar for the response deadline after being served – it's typically 20-30 days.
- Keep track of deadlines for financial disclosures and any parenting classes.
- If you can't make a court date, file a formal request to reschedule before the hearing.
6. Overlooking Local Rules and Procedures
While state laws govern divorce, each county or court may have its own local rules about formatting, filing fees, and even how many copies you need. Forgetting these can cause your paperwork to be rejected.
For instance, some courts require specific forms to be typed, while others accept handwriting. Some require e-filing, while others still use paper. You may also need to pay a filing fee (often $200–$500) or apply for a fee waiver if you can't afford it.
Visit your local court's website or stop by the clerk's office to get a checklist. Ask about local forms, fee schedules, and whether a notary is required. Being proactive saves you from frustrating back-and-forth.
- Check if your court requires e-filing or paper filing, and how to pay fees (e.g., online, check, money order).
- Ask about local forms that may be required in addition to state forms.
- Find out if you need to have documents notarized or if copies must be made for the other party.