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File for Divorce Online vs. Traditional Filing

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Published by:

Aisha Patel

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Reviewed by:

Alistair Vigier

Last Modified: 2023-08-11

Are you wanting to file for divorce online? When you marry someone, you believe that your union will last for the rest of your life. But life is unpredictable, and you cannot be sure of everything in this world. As sad as it may be, many marriages come to an end due to specific reasons.

Going through a divorce consumes a person’s energy and time. In addition, it’s emotionally exhausting for both spouses. Therefore, it’s only natural for the separated couple to try to ease the suffering. One of the ways to do it can be by filing for divorce online.

Let me tell you straight away that you cannot obtain a divorce decree online. Even if you decide to complete a divorce application form online, you will still have to collect and file the paperwork in court and obtain a final divorce decree from a judge.

Online services make the process of divorcing easier and have some benefits, which we will discuss below.

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How to File for Divorce Online?

Filing for divorce online is usually easier and faster. You need to choose a suitable service, fill out the application form, and get all the necessary documentation to start a divorce. Some of the services have attorneys who can check your documents, and others allow you to do everything yourself.

It’s essential to remember that each state has specific requirements regarding online divorces, and some courts provide their own forms and instructions. So, before filing for divorce online, you are recommended to check the local laws and regulations. Now, let’s take a closer look at why an online divorce can and cannot work for you.

Why an Online Divorce Can Be a Good Idea for You

In today’s digital world, it’s hard to underestimate the option to file for divorce online. This can be valuable for people with tight schedules or limited resources. Online services speed up the process of preparing the necessary documents and save a significant amount of money.

The low price of online services is the main reason why people choose this option—filing for divorce online will cost approximately $140 to $2,000 (note these charges do not include court filing fees, notarization fees, or service process fees).

In comparison, a lawyer’s fees can reach up to $22,000. Other advantages of filing for divorce online may include:

  • No need to leave home to start a divorce process
  • Reduced time of filing the necessary divorce papers
  • Safely stored files—you won’t have to worry about some of them being lost
  • Lower risk of making a mistake when preparing the document
  • If everything is agreed, you won’t have to meet your soon-to-be ex-spouse in court once again

Benefits of Filing for Divorce Online: Why Consider It?

It’s crucial to remember that online services can be used only for uncontested divorces. It means that there must be no disagreements between you and your spouse.

You are required to settle things such as property and assets division, child custody and support, alimony, and spousal maintenance before filing for a divorce (a divorce settlement agreement is typically used for these purposes). An online divorce can be the best choice in the following cases:

  • Your marriage hasn’t lasted long
  • You don’t have children with your spouse
  • There are no property and assets shared between spouses
  • You have no disagreements with your spouse

Why an Online Divorce Can Be a Bad Idea for You

While filing for divorce online can seem an excellent option, it’s vital to consider some of its disadvantages and decide whether it may be appropriate for you. As mentioned above, this option is not applicable to contested divorces.

If any issues, like property division, child custody, or spousal support, cannot be agreed upon between spouses, you will have to address the local court and involve family lawyers. Also, an online divorce cannot be used in the following cases:

  • Your spouse does not want to get divorced
  • You possess significant financial assets or extensive property with your spouse
  • Domestic violence or abuse is involved

Choosing the Right Online Divorce Platform: Key Factors to Consider

Even if these cases have no connection to your situation, you may still want to learn some disadvantages of filing for divorce online, including:

  • Incomplete or inappropriate divorce documentation due to the lack of attorney’s revision
  • Scam websites that may steal your information and money
  • Complicated state laws regulating online divorces

In addition, you would want to choose the service that includes step-by-step instructions on filing for divorce online. Otherwise, you may end up confused and even more exhausted.

Potential Complications

Sometimes going through a divorce without a lawyer is not the best idea. If you have any debts or shared assets, you will need a lawyer to help you through the process of dividing up all the property and money.

Child support and alimony payments, as well as visitation and custody agreements, might also be settled if you have joint children.

Filing for divorce online doesn’t always solve these issues. The most common pitfalls that end up not being solved for online divorce include dividing up retirement accounts, handling joint debt, and dividing jointly titled assets.

When filling out the form, you’ll need to include all these issues and state what you want to happen.

Even if you choose to file for divorce online, you might want to consider having a meeting or two with a lawyer, so they can advise you through these potential complications and make sure they won’t occur.

Step-by-Step Guide

Online divorces have their advantages and disadvantages. If your situation isn’t complicated, you are encouraged to file for divorce online to simplify the process and lower the costs.

If you and your spouse face serious disagreements and find yourself needing legal help, you will have to hire a lawyer to help you resolve issues before filing with the court.

When you sign divorce papers, all the documents with your signature become legally binding. Some provisions involving the children can be modified later, including child custody and support, but most items in the papers cannot be revised once you’ve signed and filed them.

It’s always better to use a dual approach—you can fill your divorce papers out online yourself but submit them to the court only after showing the documents to a lawyer experienced in divorce cases.

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