Mistake #3: Leaving out required provisions in the Decree Most online divorce kits are provided by national businesses that use cookie-cutter, boiler plate language. This can be dangerous because divorce laws vary from state to state. In Texas, for example, there are many provisions, or statements, that must be in your divorce decree for it to be valid and enforceable. For instance, if you have children, there must be a statement about whether or not there has been a history or pattern of family violence in your relationship in the last two years. Many divorce kits neglect to include this provision and others that are required by law. If you are using a kit to get divorced in Texas, you should make sure your divorce kit is prepared by someone familiar with Texas laws and procedures so that you avoid using a divorce kit that does not include important statements required by law. Mistake #4: Using an unenforceable order Many divorce kits provide you with a final decree of divorce that is not enforceable. This means that if one of the parties does not follow the terms of the order (such as visitation or child support), then you cannot take your spouse back to court to enforce the order. In order to hold a party responsible for what he or she has been ordered to do, the order must contain very specific language. The problem with many online divorce kits is that they provide fill-in-the-blank, or "check-the-box" provisions that are not specific enough for a court to hold the party responsible for the terms of the order. This can be very devastating for a parent, for example, to learn that he or she cannot take the other parent to court to enforce a child support order and get paid the money he or she is owed, all because the parent used a poorly written divorce kit. Mistake #5: Going to court unprepared Most divorce kits do not give you any specific information about the court you will be filing your paperwork in, what you need to bring with you, or what you will need to say for your divorce to be finalized. Many divorce kits simply send you the paperwork and send you on your way, completely unprepared.  If you are using a divorce kit to dissolve your marriage, you must be prepared when you go to court. You should know where to go, what building, what courtroom, etc. You should also have a personalized script that tells you exactly what to say when you testify in front of the judge. You should also know what paperwork you will need and how many copies you will need of each set of papers. Many divorce kits lack these basic instructions, so you must be careful to select a divorce kit that will give you all of the information you need. Divorce kits can be a great tool to help you divorce yourself. However, it is important that you select a kit that is accurate and legally sound. Choosing the proper kit is very important. If possible, you should seek one that is prepared by an attorney in your state.
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