More married couples who are splitting up are turning to the Web instead of a divorce lawyer. An online divorce, however, is a bit of a misnomer. Your divorce can never be finalized online-only a court can finalize your divorce. However, if there are no children from the marriage and if you and your spouse can agree on a fairly basic divorce settlement, an online divorce may be an excellent option for you.
When Online Divorce Is Right for You
The appeal of an online divorce lies in the information and forms it provides. In an offline divorce, attorneys give you information and file the appropriate paperwork. However, a divorce with attorneys on each side can get expensive very quickly. As such, if you think you can file the appropriate paperwork with just a bit of guidance, you can choose from many online divorce services. Keep in mind, however, that you generally get what you pay for.
An attorney's experience and legal knowledge can be invaluable if you and your partner don't see eye to eye. A divorce involves numerous variables, and things can go wrong. You should pursue an online divorce only if it appears that your divorce is going to be a simple one. Even then, be aware that it could all go wrong at a moment's notice if you and your soon-to-be-ex begin to disagree. At that point, however, the information you gain from an online divorce site may prove valuable in retaining an attorney and in staying informed during the rest of your divorce proceeding.
When Online Divorce Is Not an Option
A Web site is no substitute for a lawyer if you have children. You will need to work out child support, alimony, custody and visitation arrangements, which means you need solid legal advice. Likewise, if you and your spouse disagree on who gets the house, the division of assets or whether you should get divorced in the first place, an online divorce is not for you.
If you have chosen a reputable online divorce service, but it becomes apparent that you and your spouse cannot agree on custody, support, assets or any other major issue of the divorce, the service will advise you to retain an attorney or look elsewhere for forms and paperwork.
Online divorce services are in the business of providing paperwork and access to correct forms, not giving legal advice. In fact, these services are not attorneys and are therefore legally prohibited from giving you legal advice. If your divorce becomes sufficiently entangled so that simple paperwork and forms will not facilitate the divorce, then you'll need to begin the standard divorce process.
Choosing the Right Online Divorce Service
Never choose a site that just offers blank forms for you to fill out and file with the court. While these sites are cheaper, it's hardly worth the bargain. Odds are the generic forms do not comply with your state's laws and guidelines regarding divorce and are of little use to you.
The best online divorce sites will require you to provide personal information and will assist you in filling out state-specific divorce paperwork and forms. They make certain your paperwork conforms to the specific judicial requirements of the courts in your state so that the paperwork you file will be accepted by your state's courts. They even correct your grammar and spelling errors. Again, merely having your paperwork accepted by the court does not guarantee your divorce. Only a court can finalize your divorce.
However, it may be possible to finalize your divorce without ever actually visiting the courthouse. After walking through your paperwork with a reputable online divorce service, you should receive the documents in the mail. The documents can then be filed directly with the court. Many courts are increasingly turning to online, mailed or faxed filings. As such, you might not need to head to the courthouse to file your paperwork. If the divorce is not contested or if you and your spouse can agree on the finalization of your divorce, you never have to go to court at all.
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