How to File for a Divorce Online
A divorce is the most popular solution for couples who want to end their marriage. Although many consider it a complicated endeavor, it does not have to be. Gone are the days when divorce proceedings involved heavy paperwork and required one to present the documents physically during the hearing. Today, anyone can file for a divorce online and end their marriage quickly without spending thousands of dollars in legal fees.
Is it possible to file for a divorce online?
Yes, some states allow couples to file for a divorce online. However, since many people do not know about this, they end up taking the longer route via a lawyer.
Please note that every state has specific rules and requirements for online divorce filings, so it is a good idea to check the state’s court site beforehand.
Is online divorce a good idea?
Online divorce is the right choice for uncontested divorces. This occurs when both spouses want to end the marriage and agree on fundamentals like the division of property, assets, debts, alimony payments, custody, parenting time, and child support for younger children.
Once an agreement is reached on these terms, the spouses can put down all these details in a written divorce settlement agreement and file the same.
Filing for an online divorce
Here’s how to file for a divorce online:
1. Start by identifying the medium – will it be via an online document company or the state court’s website? When filing via the state court website, the onus of preparing the documents will fall on the spouses. At this time, at least three initial forms will be required to file the divorce – the Family court cover sheet, the Petition or Complaint for Divorce, and the Summons. Make and save several copies of these documents and convert them into PDF files.
2. The divorce needs to be uncontested, as defined above. Additionally, spouses will be expected to choose a “no-fault ground” as the legal reason for the divorce. This could be “irreconcilable differences” or “irretrievable breakdown of marriage.” Apart from this, ensure that all assets, debt, custody, property, child support, and alimony matters are settled.
3. The divorce papers must have all the details of the divorce, in addition to certain personal information. This includes names, addresses, social security numbers, date and location of the marriage, names and birthdates of the children, and any property that will be divided.
4. Fill out all the required forms. These can be found on the court’s website. Please note that these may differ by state, so it is vital to pay attention to the requirements.
5. Next, it is time to file the forms. This can be done online or during a visit to the court office. The couple will be asked to pay the fees required by the county or state when filing the forms.
6. In some cases, the spouse may need to be served the papers via a professional process server.
7. Prepare a divorce agreement that is agreeable to both spouses. Hiring an attorney for this part of the process may help smoothen it out and ensure that things move forward seamlessly. While taking the do-it-yourself route to divorce filing sounds like a good idea, hiring an attorney or a professional divorce service can help ensure that there are no legal hiccups in the future, such as when moving states with one’s children.
8. Attach all these supplemental forms to the original papers and ask the attorney to complete the process.
9. Depending on the state one lives in, there may be a mandatory waiting period before the final divorce. Typically, this ranges between 2-6 months. After this period, a judge will review and approve the papers before signing the official decree that announces the divorce. These proceedings may differ for each individual, as some states may require a court appearance while others may not.
Cost of an online divorce
Online divorce services generally charge between $150 and $500. This fee can be split between spouses.
Also, every state has a process in place so that low-income couples can get a divorce for free or at a lower cost. To file for a free divorce, the person must meet the income requirements. To initiate a free divorce, the couple must complete and file the appropriate forms, which can be found online or at the courthouse. For the court fees to be waived, the couple will also have to complete and submit the “Request to Waive Court Fees.” This waiver includes the fees for filing the divorce, service of process, copying documents, court reporting, and any other fees within the court’s control.
The eligibility for exemption from paying court fees may vary from state to state. Generally, eligible applicants include those with income lower than the set value or those unable to meet their family’s basic needs. During this process, one may be required to disclose details such as monthly income from all sources, a list of dependents, the value of all property owned, and even monthly expenses and other debts.