The Lowdown on Online Divorce Services
An online divorce service is a website that provides services to assist people in obtaining a divorce. Services from these websites run the gamut, from the very basic, which just provide information about the divorce process and the forms you need, to a more extensive service, which offers legal forms, guidance, and even online lawyers. The basic premise is that these companies make information about getting divorced available to you if you cannot afford or do not want to go to a lawyer, and includes a wide variety of options.
Online divorce services operate in various ways. Some, like legal document preparers, simply provide the forms that you need to fill out to file for divorce, and some "online lawyers" offer a consultation and drafts of your divorce paperwork . For example, an online divorce service works something like this: you go on their website, answer a few simple questions, and then the site claims to be able to create all of your legal documents. After generating and/or reviewing your forms, the company sends them to you via email or snail mail. Technically, you can proceed entirely without ever speaking to a live human being, though these sites offer installation and telephone assistance, too.
Most people think of these services as a low-cost alternative to hiring a lawyer to draft divorce paperwork, but in fact online divorce services pretty much do the same thing that non-lawyer legal document preparers do: provide the forms you need, and help you fill them out and file them. Someone with basic technological skills can find the necessary online forms, even for free, and find their way around the process.
Online Divorce Legality by State
The legality of online divorces is highly dependent on jurisdiction. Currently, several US states permit residents to pursue their divorces primarily online, while others place significant limitations on them.
Widely Permitted in US
Several states widely permit online divorces. These include:
- Arkansas
- California
- Colorado
- Florida
- Illinois
- Iowa
- Kansas
- Massachusetts
- Minnesota
- Montana
- Nebraska
- New Hampshire
- Ohio
- Oklahoma
- South Carolina
- Texas
- Utah
- Vermont
- Virginia
- Washington and
- Wyoming.
Regulated in Various Ways
Online divorces are relatively new, and as a result more restrictive states are grappling with how to regulate them. Some are created much stricter conditions under which they can be pursued and others limit their allowance to specific counties. Online divorces are actively being tested in courts around the country that have not previously had experience with the process. As a result, it is very important in these jurisdictions to make sure the necessary prerequisites for online divorce in that jurisdiction are met in order to avoid a problem with enforceability.
Common Restrictions
Here are a few examples of restrictions imposed in various states:
- Colorado requires a hearing appointment within 91 days of filing
- Iowa requires an initial hearing before filing
- Montana prohibits online filing, but does allow specific types of uncontested divorces to be handled completely online
- Nebraska has a 30-day waiting period for online divorces to be handled in one of its counties.
Limited Abroad
Internationally, several countries also widely permit online divorces, either as a completely autonomous process or as an alternative to a traditional divorce. Mexico, Scotland and India are examples of countries where online divorces can be handled completely online from start to finish, with the caveat that residence permits are required to be in place. Other countries impose some restrictions on online divorces, such as a requirement of one party being a citizen or resident of the state in question. Australia, for example, requires a minimum three-month waiting period before a divorce can be filed.
Pros and Cons of Online Divorce
The most obvious benefit of online divorces is the cost. Especially when both parties agree on the terms of the divorce, it can be exponentially cheaper to use an online service as opposed to invest hundreds (or thousands) of dollars into a legal divorce. The lower level of investment also makes online divorces more accessible to a wider variety of people. The time needed to dive into gathering forms is substantially less than that of hiring someone to draft documents from scratch.
While both parties being in agreement on the terms of the divorce is ideal, that is not true in all online cases. Fortunately, some of the better online services provide opportunities for mediation or legal advice as needed. If assets are going to be divided, alimony needs to be determined, or any other complex financial matters are involved, an online divorce may not be the best option. Additionally, if children or custody matters are in play, having a trained facilitator who can objectively help the parties understand the full implications of their choices is an important part of having a successful divorce for everyone involved.
Ensuring Your Online Divorce Is Legal
While the vast majority of people who opt for an online divorce get acceptable results, there are some steps to take to ensure yours is legal. First, you should complete preliminary research before making a final selection of which online company you will be using. The most important factor is to know your state and local laws. If you do not meet the residency requirements for the state in which you are filing, then you may want to consider simply working with a traditional local attorney. Because an online divorce is an expedited process, many online companies do not have the time to provide full service to their customers – a service that includes recommending that the customer not use their service because of their local residency requirements.
Second, take your time. You should never feel rushed to fill out the forms for an online divorce. Only the information or basic data required for your particular state should be requested at the beginning of the process. For example , if you are living in Pennsylvania and need a quick divorce, but the form you are looking at is for Ohio, do not click the button to get started. Take the time to compare companies and prices and do not hesitate to call for more information. The site you call should offer immediate assistance and the live agent should seem knowledgeable about the online divorce process in your state. If you are living overseas even though you’re from the United States, it just may be that you need to provide additional information. A reputable company will be able to immediately identify any possible issues and will put you in contact with a representative who is knowledgeable about international divorce.
Third, check for online reviews from others who have used the site you are considering or requesting information. Look for any issues raised about whether or not the site lived up to its promises. Any complaints from others can be a big red flag that this company is not who it professes to be.
Most Common Myths about Online Divorces
The first common misconception about online divorces is that they are legal everywhere. In actuality, while many states and countries accept online divorce decrees, some jurisdictions have not recognized online divorces. That said, more and more courts and governments are embracing the use of technology to resolve marital issues.
The second common misunderstanding is that online divorce services eliminate the need for legal counsel. These service providers simply offer access to some of the same information that licensed lawyers have traditionally provided to people who need it. A legitimate online divorce service cannot make judgments about the suitability of a divorce for a given person. Nor are they equipped to make case-specific decisions about child custody, international or multi-jurisdiction matters, or other complex issues. Instead, they offer self-help tools that can make the divorce process easier, but do not provide guidance for any situation outside of their stated expertise.
The third common misconception about online divorces is that their outcomes are not legally binding. The accuracy and enforceability of divorce decrees depends on the effort put into creating it. A legitimate online divorce service only offers binding results when their people-client contract is followed. If the divorce process is attempted without the guidance of a divorce service that is backed by trained experts, the resulting decree may not be enforceable in court.
The Future of Online Divorces
In this regard, it is also important to note that there is a movement in the judicial as well as legislative arena, to incorporate technology in the judicial system. As such, these services are becoming more popular, and may become more mainstream in the future. At this point in time, all things are possible. There are no guarantees on how quickly or slowly , the courts will adopt and accommodate the use of technology in the family court system. However, it is fair to say that this is a trend that you will see happening in states across the country over the next 5-10 years. It may be that divorces by paper and face to face court appearances will become a rarity, rather than the norm.