Don't Wait: Procedural Errors That Stall Your Case
The High Cost of Administrative Mistakes in Divorce
When you begin the divorce process, the temptation is to focus solely on the big picture: custody, assets, and the final settlement. However, the most frequent and costly mistakes often occur at the administrative level—the procedural errors that can derail your timeline, incur unnecessary legal fees, and, in some cases, prejudice the court against you. Understanding the critical deadlines and requirements is your first defense against unnecessary complication.
Mistake 1: Improper Service of Process
The very first procedural step—formally notifying your spouse that they are being sued for divorce (Service of Process)—is a legal requirement that is often mishandled, leading to significant delays.
- The Error: Simply mailing the paperwork to your spouse or handing it to them personally is often insufficient under state law. Improper service means the court may not have jurisdiction to proceed, putting everything on hold.
- The Fix: Use the authorized method required by your jurisdiction, which usually involves a certified process server, sheriff's deputy, or certified mail with a return receipt. The court must have a correctly executed Proof of Service document.
Mistake 2: Failing to File a Crucial Initial Response
Once served, your spouse has a strict legal deadline (often 20 or 30 days) to respond. Ignoring this deadline is one of the most dangerous procedural mistakes.
- The Error: If the served party fails to respond, the serving party can often request a Default Judgment. This means the court can move forward and grant the serving party what they requested without any input or defense from the non-responding party.
- The Fix: Never ignore divorce papers. Even if you agree with everything, you must file a formal Answer or Response by the deadline. If you are the party who served the papers, ensure your attorney files the correct motion for default judgment immediately if the deadline is missed.
Mistake 3: Incomplete or Delayed Financial Disclosure
In nearly all jurisdictions, both parties must exchange complete, detailed financial documentation. This is the foundation upon which asset division and support orders are built. Delaying this process is a huge red flag to the court.
- The Error: Submitting financial declarations that are incomplete, missing supporting documents (like pay stubs or bank statements), or deliberately delaying the exchange. Judges and opposing counsel view this as an attempt to hide assets, eroding trust and inviting expensive discovery efforts.
- The Fix: Treat the Financial Disclosure stage with absolute diligence. Utilize our Financial Protection Checklist to ensure all required documents are gathered, organized, and exchanged by the court's deadline. Precision here saves thousands in future legal fees.
Mistake 4: Missing Discovery Deadlines (Interrogatories and Requests)
Discovery is the formal process where both sides request specific information from the other. This usually involves written questions (Interrogatories) and requests for documents (Requests for Production of Documents).
- The Error: Failing to answer interrogatories accurately or completely, or ignoring the deadline for responding. Missing these procedural deadlines can result in the opposing side filing a Motion to Compel Discovery, which requires you to appear in court and explain the delay, often leading to sanctions (fines).
- The Fix: Work closely with your attorney to answer all discovery requests truthfully and on time. Do not attempt to hide or omit information; the court will eventually find it, and the resulting penalty will be far worse.
Mistake 5: Poorly Maintained Case Documentation
A divorce case generates mountains of paperwork, from initial petitions and service affidavits to financial declarations and mediation agreements. Organization is not just helpful—it is a critical procedural safeguard.
- The Error: Losing copies of important court filings, relying solely on your attorney for every piece of paper, or failing to chronologically organize evidence. This lack of organization can lead to missed court dates, errors in filings, and wasted time (and money) spent by your attorney searching for basic documents.
- The Fix: Create a dedicated, organized physical and digital file for your case. Organize documents by type and date. When in doubt, file it.
The Bottom Line: Procedure is Protection
Procedural mistakes send a message to the court that you are either disorganized or are attempting to obstruct the process. The fastest path through divorce is to adhere strictly to every procedural rule, deadline, and disclosure requirement. Your diligence in these administrative steps allows your attorney to focus on strategy, not cleanup.
