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Uncontested divorces: What are the most common filing errors?

On Behalf of | Apr 13, 2015 | Divorce |

Many people who are getting an amicable — or at least an uncontested — divorce believe they won’t need an attorney to represent them. Uncontested divorces still require a great deal of legal knowledge and errors in forms and filings can really cost time and money. According to a survey of court personnel in New York, there are many common errors in divorce filings. These include:

— Factual information, such as names or dates, in the papers are consistent.

— There is no separation agreement filed with the court or it was not acknowledged as required for a deed to be recorded.

— The Summons and Complaint or Summons with Notice’s proof of service is inadequate or missing.

— The notarization of the filings (when required) is expired or missing.

— There is a missing or unverified Verified Complaint.

— There is a missing attorney/party Signing Certificate of papers.

— There is a missing Notice of Settlement or waiver.

As you can see, even an uncontested divorce is very complicated for most people unfamiliar with the legal system. If your soon-to-be ex suddenly changes his or her mind and decides to contest the divorce, an attorney would also be a big asset. You want someone protecting your rights and the rights of your children as the divorce case moves through court.

At Weinstein, Kaplan & Cohen, P.C., we understand how difficult a divorce can be — even one that is uncontested. Let us handle the court and the paperwork. Our caring and compassionate staff is ready to assist you. Please take a look at our webpage on divorce for more information.


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