Question:
I am trying to proceed pro se in my divorce and represent myself, but I am having a difficult time filling out the divorce papers.
My local court gave me a packet that asks for all sorts of information I do not know.
Do I really have to fill out all these forms, such as the Financial Affidavit for Dissolution Of Marriage? How do I properly submit the paperwork if I don’t know most of the information?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.
There is a large amount of information that is necessary, including birthdates, maiden names, current addresses, social security numbers, etc., that must be disclosed in a divorce.
The financial affidavit is required by both parties unless you can get a court order stating otherwise. The court staff will not give you assistance or advice as they are not allowed to by law.
As a side note, the packet is only meant for individuals who truly believe they can represent themselves, comply with all court deadlines, and understand the law well enough to not have a divorce attorney assist them. The financial affidavit is a requirement under the law.
Your wife will be forced to provide the information and/or assist in providing the information once you obtain personal service on her. This can occur in a number of ways.
Where I practice, you can have your wife served with Original Notice by Sheriff or Process Server and they will file an affidavit attesting to the service.
Or, in the alternative, she can sign a voluntary appearance, subjecting herself to the jurisdiction of the court without the need for service by Sheriff or Process Server.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.
