I’ve been served divorce papers but we’ve not yet settled our ED. I know I need to file a claim for ED to protect my rights, but neither of us want to go to court, and I anticipate that we can settle ourselves. Can I just file a claim without having to actually engage lawyers and the court, and enforce the claim in court only if needed?
Yes, you can file the claim without the use of an attorney, but you cannot necessarily sit on your claim and do nothing. Lots of jurisdictions have local rules requiring time lines with disclosures and affidavits that you need to follow.