Can I file/serve my husband divorce papers myself and if he contest it then get a lawyer?

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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 4 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.


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