Every marriage is not meant to last forever. No matter what the reasoning behind the divorce, it is important to have legal representation for each side. I almost lost everything because my former spouse said that he was taking care of things and that he would be fair about how the assets were divided. It took several weeks for me to find out what he was up to. It was then that I hired my own attorney and got what I deserved. You should never attempt to go through a divorce without a lawyer working on your side. On my site, I have listed several of the issues that can get overlooked if you are inexperienced with divorce documents and proceedings.
When many people think of filing a lawsuit, they think it's easy to just go to court and get in front of a judge. In fact, there are several important steps you need to take to bring your lawsuit, or you may lose the right to bring it. Here's what you need to do.
Do You Need a Lawyer?
Many people bring lawsuits without a lawyer. Whether you need a lawyer depends on how complex your case is and your knowledge of the legal issues involved.
There are a few situations that require you to have a lawyer by law. In most cases, you can choose whether to hire a lawyer based on whether you think you need them and whether you think the cost is worth it.
Hiring a lawyer can help you avoid both legal and procedural mistakes.
How Do You Start a Lawsuit?
Whether or not you choose to use a lawyer, all lawsuits start the same way. You prepare a written statement about your case to file in court, and then you formally notify the person you're suing.
The process of notifying the defendant in your lawsuit is called the service of process. There are strict rules you have to follow so the court can ensure that the defendant is aware they're being sued. This is important because if the defendant doesn't respond to your lawsuit in court, they can automatically lose.
How Do You Serve Process?
In order to serve process, you usually have to use someone who isn't connected to your case to serve the defendant. That means you can't serve process, and your lawyer also can't serve process.
The reason someone else needs to do it is so they can act as a neutral witness if needed. If you serve the defendant and they don't show up, the judge will ask for proof of service. The plaintiff in the lawsuit has an incentive to lie about service since they have a chance to automatically win their lawsuit. Using a process server removes that conflict of interest.
What Happens if You Don't Serve Process Correctly?
If you don't serve process correctly, the defendant can have your lawsuit dismissed even if you would have won on the merits. You could also lose the right to try the lawsuit again if you run out of time or for other legal reasons. Using an experienced process server helps to make sure you serve process correctly so you can start your lawsuit.
For more information, contact a process server in your area.