Mar 4, 2009

A guide to online divorce

Oh, the wonders of the internet! You can shop online, watch movies online, pay your bills online, even date online…and, although you cannot yet marry online, you can now dissolve that marriage over the internet! True-the era of the no-muss, no-fuss, no-expensive lawyers internet divorce is upon us.

True, an online divorce is not going to cut it if there are property division issues in dispute, and don’t even think about it if you have custody issues to settle. But if you and your partner are in agreement as to who gets what, and you just need that court order to make it all legal, then for only a few hundred dollars you can go to one of a number of websites that will provide you with all of the necessary forms and instructions needed to make that split.

The divorce itself cannot actually be finalized over the internet, true. Divorce is still a court proceeding, and therefore your local court will have to be involved in the final stages. But with the paperwork ready at hand, it’s just a matter of a brief court appearance – or, in the case of those court systems that allow you to file by mail or fax (as do all counties in California, for example), you can settle the whole thing without even setting foot in a courthouse. Check with the county in which you live (or, if you are separated and living in different counties, the county of whichever spouse is going to file for the divorce) as to whether the paperwork can be filed this way, or whether you will need to go down to the courthouse in person. The courts will also impose their own filing fees – these are not covered by the cost of the online divorce paperwork.

If you do choose to proceed with an internet divorce, you can connect to a number of websites offering this service by simply typing the words “online divorce” or “internet divorce” into your web browser. You may then wish to shop around for the best price – low end ones can start around $199, with higher-priced services up to $350 or so. Be sure to check and see exactly what you are getting for your money in each case, however. Some of the lower-priced services may not offer all of the support you might get at a slightly higher price. If you take into account the fact that the average hourly fee for a divorce lawyer can be well in excess of $200, though, you will see what a bargain any internet divorce can be.

Once you have chosen your online divorce provider, you will then need to select your state and review the criterion to determine whether you are eligible to file for divorce or not. (There may be a minimum state residency requirement, for example.) If you qualify, you may go ahead and begin the divorce – after supplying your credit card information, of course.

Once your credit card has been accepted, you will then be led through a series of questions, and the website will use your answers to fill out the complicated legal forms. (This is somewhat similar to using tax preparation software, as it greatly simplifies what used to be an overly complex process.) Your answers will also typically be checked for spelling and grammatical errors, and the final documents then properly formatted. Some of the more expensive services will actually print the forms on the appropriately colored paper and mail them to you, all ready to be filed. Other, less expensive services might leave the printing to you – and it is then up to you to supply the proper color of paper. (Unless you are going to be filing the forms by fax, in which case it shouldn’t matter.) With the print-it-yourself services, though, you at least have the option of being able to go back into your document and edit it as needed, and to print multiple copies.

One thing you must bear in mind at all times with these online services is that you are only paying for the cost of divorce document preparation. None of these sites is equipped or, indeed, permitted to offer legal advice. If you have any unresolved issues with your spouse regarding custody, child support, or property division, or if one of the spouses does not want a divorce, you will need to engage the services of a divorce lawyer. The online option is ONLY an option in the case of a very straightforward, uncontested divorce.

If this is the case with you and your spouse, though, why not go ahead and give it a try? If the service you choose offers a guarantee that your paperwork will be accepted by the court (and by all means, be sure to choose a service with such a guarantee!), the service will either re-do your paperwork in the event it is rejected or they will refund your money. Thousands of people have used such services satisfactorily, and joined the ranks of the happily divorced – even happier at having saved a fortune in legal fees!
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