Divorce in the U.S. is a multi-billion dollar industry that has dominated the court system and lined attorneys’ pockets for decades. The process also often comes at a cost to families — both financially and emotionally. But all that is starting to change.
Enter: online divorce, a new approach to the dissolution of marriage, one that eliminates the time and expense of a traditional attorney-led divorce. This method puts families at the center of important divorce decisions, allowing them more control over the process. And, even more important, it gives them a better chance at achieving an amicable solution with a sustainable foundation for the future.
Wait… I Can File for a Divorce Online?
Not only is online divorce legal in all 50 states, but it’s often faster and more affordable than a traditional divorce. The need to hire an attorney is eliminated when a divorce is uncontested. (A divorce is considered uncontested if you and your spouse are able to come to terms on major issues such as custody, child/spousal support, the division of property and debt, etc. without going to court.) You even have options when it comes to online divorce solutions.
You can go with the DIY method, downloading documents from your state’s website and filling them out on your own. A second option is to find an online divorce tool where the information you provide is generated into the court-ready documents. Or you can use an online company that provides step-by-step guidance through the legal, financial and emotional aspects of divorce. When you’ve completed the online process, a legal professional in your state creates your divorce documents. These documents are then further reviewed for accuracy before you receive your final paperwork to review, print, sign, and file with the appropriate court.
While speed and cost are advantages to online divorce, this option may not be right for everyone. Continue reading to determine if this is the best course of action for your family.
How Much Does It Cost?
An online divorce is significantly less expensive than the alternative. Because no attorneys are involved, the process often costs only a few hundred dollars versus thousands. (Compare the differences between various types of divorce models.)
How Long Does an Online Divorce Take?
In an uncontested divorce, the process can take anywhere from a few weeks to several months, depending on many factors, including how quickly you are able to fill out the documents and file them with the courts. (Learn more about the duration of the Wevorce process.)
Is an Online Divorce Right for Me?
While an online divorce is quicker and more affordable than the alternative — lawyers/attorneys’ fees, time-drain, etc. — it’s best to avoid making such a decision based on speed or cost alone. Remember, the decision to get married and the wedding itself often require years of planning and forethought. The same consideration should be given to divorce and not be entered into hastily.
Especially if you and your spouse are unable to agree on important financial or parenting issues, an online divorce may not be the best fit. The good news is that even the traditional methods of attorney-driven divorce have options, such as collaborative or mediated divorces. One of these alternatives may work better to fit your needs, so explore your options carefully before you make a decision.
Even if you decide to retain attorneys, your divorce needn’t become “The War of the Roses.” In fact, it’s not uncommon for a traditional divorce to be resolved before it gets to a courtroom. Do you think you might need a lawyer? Find out here.
What to Know Before You File
When deciding whether to use an online document company or prepare forms yourself obtained from your state’s court website, it’s important to do your research. Not all online divorces are created equal, and one of the most common mistakes in pro se divorces (representing yourself without an attorney) is that the forms are often incorrect.
Having assisted hundreds of couples throughout the years with all legal matters related to divorce, Wevorce has found there is much more to the process than simply filing paperwork and paying a fee. Divorce doesn’t just happen on paper, at court, or within a bank account; untangling a marriage is a complex and sometimes messy process that may entail mediation, professional counseling, and other forms of ongoing support.
When considering an online divorce through a specific online document company, find out if the company offers such resources. Read online reviews and if possible, chat online or speak directly with someone from the company. Here are a few questions to ask:
Here are a few questions to ask:
- Will an attorney licensed in your state prepare and review your documents? Divorce papers must be legally accurate, and specific to your state. And even though online divorce doesn’t technically mean lawyering up, some companies utilize state-licensed attorneys to prepare and review your documents and include that service in their fee.
- Does the company offer detailed instructions for filing documents with the court? Proper filing can ensure court approval and save you a lot of trouble in the long run. Divorce requirements differ among counties, so keep this in mind when filing.
- What resources are in place when you need assistance? Does the company offer any additional tools or services, such as a divorce consultation or on-demand customer support when you get stuck? During the divorce process, it’s important to ensure there is a professional team available to help you when you need it most.
How Do I Get an Online Divorce?
If you have determined an online divorce is the best fit for your family and you have decided on a method for document preparation (either directly through the court or with an online document company), you are ready to begin. (Learn more about Wevorce’s self-paced, guided process.)
First, fill out all forms completely.
The information required on such forms will vary from state to state, but will typically involve providing full names, current addresses, the date of your marriage and separation (each state has rules concerning length of separation before a divorce will be granted), your children’s names and birthdates, details as to what assets and debts you will be dividing, and all income. You must remember, divorce is a legal process and requires complete disclosure.
Don’t forget, even in an uncontested divorce, it’s important (even required) for couples with children to create a sustainable parenting plan, one that will last through the years. Also, keep in mind that life does not remain constant, so decide how you will make revisions to the parenting plan as children grow older and families change.
Then file paperwork and pay fees.
Even when seeking an online divorce, the filing of papers is your responsibility. Make sure you review the instructions provided on your state court’s website or you may consult your county clerk. (Some online document companies will provide you with detailed instructions to help you through the often complicated process.)
Filing fees are generally not included in the initial costs incurred by online document companies, so be prepared to pay these when you submit your paperwork. Always check with the court where you will be filing for your divorce for the amount and any other specific information concerning payment, such as will they accept a personal check, etc. You can often file and/or pay fees online, but it varies by state, even by county.
Ensuring an Amicable Online Divorce
Companies touting a “fast, cheap divorce!” may at first appear insensitive to the challenges that come with the dissolution of a marriage. But the reality is, once a couple has determined divorce to be the best path forward, there is little reason to delay an already difficult and expensive process.
However, while speed and cost are certainly factors to consider, we believe it is possible to find balance — to move through the divorce process steadily, efficiently, and affordably, while also being sensitive to the feelings of our spouses and the best interests of our children. Online divorce and amicable divorce don’t have to be mutually exclusive. Let Wevorce show you the way.
