W. Tyler Moore, PC

Beware of use of forms in divorce

Beware of use of forms in divorce. Too often, the unwary find forms for use in their divorce cases believing them to be what they need.  These forms are created for use in very simple cases involving little or no marital property and perhaps children. 

The problems with the forms in divorce related to marital property include the omission of the various legal theories dealing with property such as reimbursement, tracing, tax-free division of retirement, valuation, methods of valuation, alternatives to "standard" provisions and when they should be considered. 

The problems with children include, but are NOT limited to,  alternatives to the standard possession order, protection of children and parents, why certain rights and duties should or should not be shared, calculation of child support.

If you have no children and no property, by all means, use the forms if you wish.  If you do have children and/or property, get a lawyer and protect yourself.  It's easier to prevent a disaster than clean it up.

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