Why fill-in forms suck! Part 2: Over the Counter formed Divorces
June 18th, 2009This is the second part of a series where I explore the usefulness of over the counter forms for various types of “legal” services that you can pick up at your local office supply store. Today, I’m going to be talking about over the counter divorce forms.
Click here for Part 1: Over the Counter Formed Wills
Last time when I talked about Wills, I actually bought the package so I can scan it in to show you and go paragraph by paragraph to dissect it. While I was at a similar giant office supply store today, I saw a similar packet for divorces but could not bring myself to buy it since it costs $30.00 and after looking through the packaging at the forms, I already knew what I was in for and what I had to write about.
On the cover of the package, it says that it is valid for all 50 states. They made a similar claim for their Wills package. As any practicing attorney will tell you, divorce laws varies from state to state. For example, in Massachusetts, we use a system called “equitable division” whereas in California, they use “community property”. How can one set of forms possibly comply with the laws of two different set of state laws? The answer is that it cannot.
The forms are generic so as not to copy or identify it to any one state – and since it doesn’t specifically serve any one state, it serves none! If you filled in any of those forms and brought them into any of Massachusetts’ probate courts to file, they will not only laugh in your face but they will likely mock you relentlessly. Massachusetts divorce forms (yes, not all forms are bad) are specific in their appearance, structure and color. Some forms need to be printed on pink paper (financial statements) while some needs to be printed on blue paper (child support guidelines). The forms in the over the counter packet did not account for any of these idiosyncrasies of state divorce law and practice.
If you want free divorce forms for Massachusetts, don’t waste $30 on a useless package. You can get them for free at the Legal Library and at the Suffolk Probate Court site. Best of all, they’re the actual forms we use in the state and by practicing attorneys and all for a one time fee of $0.
Of course, I want to end with this: lawyers specialize in divorce because we know the pitfalls and we know how the system works. We’re not lawyers simply because we can fill out forms. Having these forms is no substitute for personal legal advice.
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