How Can I Get An Online Divorce?
While divorces happen frequently and are expected to be emotionally taxing for both individuals in the marriage, the reality is that many divorces are shockingly expensive and time-consuming. You may even be hesitant to proceed with filing for divorce because you've heard how difficult it can sometimes be. Reaching the point where you and your spouse no longer want to continue with the relationship can be emotionally draining enough, and you probably want it all to be over with so you can move on. Often, it’s easier to file for divorce online, which can be a cheaper and faster alternative for couples who do not have the means or time to go through an expensive and lengthy divorce process. As long as you follow the correct processes and fill out the proper divorce forms, getting a divorce online is legal, legitimate, and affordable. However, it can be confusing whether your divorce qualifies for an online dissolution and how you file for it. If you're interested in an online divorce, here is a short guide to what an online divorce is and how you can get one.
What is an online divorce?
Divorces used to be much more difficult and complex to acquire. However, due to an increased need for divorces and the migration of the courts to online services, online divorces have become a reality. Many people wonder if online divorces are legal. While the number of states with dedicated tools for filing divorce papers online is limited, every state recognizes an online divorce as a legal one so long as you go through the proper channels. Depending on the requirements of the state you live in, you may never need to leave your home to complete a divorce.
Online divorce is the same as a regular divorce in many instances. The only difference between the two is that you will file your papers online, and there is no need to visit a court of law to become legally separated from your spouse. With online divorces, you typically hire a company that handles the paperwork process for you or e-files using your state's website. Either way, both processes can be simple and are often cheaper and faster than filing for a divorce in person.
How do I get an online divorce in my state?
Every state in the US accepts online divorces. However, not all states have the same guidelines regarding the online divorce process, and your state may not offer the services you want. For example, some states allow citizens of over three months to get a no-fault divorce, while other states require couples to be citizens for over a year and only handle fault divorces.
If you’d like to see if you qualify for the online divorce process in your state, one helpful resource could be the MyDivorcePapers website, which lists all the state requirements and the divorce types they support online. If you do not meet the state's requirements, you will either have to wait until you do or file for divorce another way. Other sites, like Wevorce, can also walk you through each step.
How does the process work?
Let's first review the state of your current marriage. When you and your spouse discussed divorce, were there any issues? Is one of you seeking to take property or money, and the other is fighting against it? Do you have children that you do not want to split? Is one spouse asking for child support and other does not want to give it?
If so, an online divorce process may not be the right route to go. Divorces in which spouses are fighting over property, spousal support, or child custody require a trial, and filing online may only delay the divorce. Plus, you might want legal advice and input from an in-person professional to navigate these more complex divorce issues.
Only divorces in which spouses agree on the terms of the divorce, which is known as an uncontested divorce, will work with online divorce processes. If you and your spouse agree on each of the terms of the divorce, you can proceed with the process in a relatively straightforward way.
To get an online divorce, you generally need to choose one of the online divorce services like those listed above. You'll need to have all of your basic information available, as well as a valid payment method that you can use to get started.
Does an online divorce require an attorney?
A significant cause of expense in a contested divorce that goes to court is the legal representation both parties often require. An attorney is not required with an online divorce, greatly reducing the cost of the overall divorce. With an uncontested online divorce where both parties agree to the terms, the process mostly involves paperwork and certain forms.
Cost of an online divorce
How much does a divorce cost? Every divorce is different and can involve varying levels of documentation. Typically, the charges for an online divorce range from $300 to $500. The cost varies from state to state and depends on the complexity of the forms your divorce requires. For comparison, the average cost of a court divorce in the US is $15,000 per person. If you have an uncontested divorce, here is how you can begin the online divorce process:
Check your state's website and decide on the ideal e-filing method
To begin the online divorce process, you must first check your state's website and ensure that you and your spouse meet all the requirements needed to file successfully. Once you've verified that you meet these requirements, you’ll need to decide on the method you will use to file. Would you rather file all your paperwork on your own, or would you prefer to have a company handle it? Decide on your ideal method, and then prepare to take that route.
If you choose to have a company file for you, you will give them the information they need and let them do the rest of the work. If you choose to file by yourself, you will have to prepare all the necessary documentation, make copies, and send it in on your own. Keep both of these things in mind before you decide on a filing method.
Gather all of your information
Before you begin filing, ensure you have all the necessary files and information ready for the online divorce process. Otherwise, you may have to resubmit forms and wait longer to have your divorce finalized. What information and forms will you need? The forms that you will need can usually be found on your state's website. Make sure that you have other documentation as well, such as marriage certificates and social cards. These will be necessary for the divorce process to help identify you and your spouse.
Have the divorce papers served to your spouse
In some cases, you will need to have papers served to your spouse after you have submitted your forms. If this is required of you in your state, make sure that you have it done immediately after filing to avoid prolonging the divorce process. Keep in mind that you can't do this on your own, and it will require someone else's assistance. You can learn more about how to serve divorce papers properly here. You will need to make sure all the information is presented and accurate, including your spouse's birthdate, the date of your marriage, and your social security numbers.
Begin drawing up a divorce agreement
This is one of the most important steps, but it can also be one of the easiest if you have an uncontested divorce. It is recommended that you draw up the divorce agreement with an attorney to prevent the possibility that you will need to contest anything about the divorce in court at a later date. During this process, ask for what you want but also try to be reasonable. Asking for more than you need or denying your spouse something you know they want can create unnecessary conflict that can negate the benefits of getting an online divorce.
Finish filing for divorce and send in any additional documentation
At this point, almost everything required for the divorce process should be finished, and all you will likely need to do is send any other information needed by the court to finalize the process. If you're unsure about what other information or documentation you will need, consult your state's website, or ask your attorney if you have one. Every state has its own specific requirements. Lacking the proper documentation can slow down the process unnecessarily.
File the paperwork
Once you have all the required paperwork and documentation, the next step is to file the paperwork. Depending on the service that you use, this should be a relatively straightforward process. You can contact your local county clerk's office if you have any issues with the filing. Choosing to proceed with your divorce using online methods is often a more affordable, faster alternative to a traditional court divorce. By allowing the process to go quickly and smoothly, you and your former partner can both move on with your lives.
Using online counseling for support
While this article focuses on the benefits of getting an online divorce, the divorce process can be hard to cope with emotionally, and you may need help along the way. If you are going through a divorce and don’t know where to turn, speaking to a therapist could be a helpful option to consider.
An online therapy platform like Regain offers both individual and couple’s therapy from licensed professionals. With online counseling, you can connect with a counselor from the comfort of your home and talk through video chats, phone calls, or in-app messaging. Like online divorce sites, online counseling tends to be a more cost-effective option. The flexibility, convenience, and ease of using online counseling may make it an appealing option for you as you navigate your divorce or any other problem you might be experiencing in life.
The effectiveness of online counseling
Online counseling can be an effective tool for mitigating the negative psychological effects of divorce. In one study, researchers found that an online intervention called Cooperation After Divorce successfully helped adult participants work through their separation. Researchers observed reductions in anxiety, depression, and somatization symptoms and found that these results were large in effect size. They also found that those who had participated in the intervention had symptom levels close to the population norms in a one-year follow-up to the study.
Takeaway
Deciding to get a divorce is a big decision, and despite your reason for wanting to separate or the circumstances surrounding your decision, everyone must go through the legal process to nullify their union. However, you do have some choice when it comes to how you’d like to file for your divorce. Some people might prefer to go the traditional route, while others may decide to file online to save time, money, and stress. Divorce can be emotionally taxing, but there are resources available when you need support. You can connect with a licensed counselor through Regain and get the tools you need to cope with the negative effects of your divorce. A therapist can encourage you through the divorce process and help you look toward a healthier future.
Frequently asked questions (FAQs)
Is filing for divorce online legit?
You can legitimately file for divorce online. Divorce filing can be emotionally and mentally draining for many couples. However, what many people fail to realize is that it can also be costly to hire an attorney. Many people have begun filing forms online to cut down on costs, as life after divorce can be financially challenging for some couples. However, it can be essential to note that online divorce filing often works most effectively when your divorce is uncontested, rather than contested. An uncontested divorce means that you and your spouse have agreed upon the dissolution factors and have decided to have a peaceful separation. Therefore, filing online can be appropriate and make the process simpler.
How does an online divorce work?
If you have decided to file your divorce online rather than using traditional methods of completing your divorce documents, the first thing you may want to consider is whether you and your partner are having a contested divorce. Filing for a divorce online may only work efficiently if you are going through an uncontested divorce process, meaning you have both agreed to start your divorce. It can be important to agree with the terms of your dissolution factors, including co-parenting and separation of assets. Online divorce platforms can guide you on how to start a divorce process, get your divorce documents prepared, and complete your divorce once everything has been filed and the courts have accepted your divorce petition.
How much does an online divorce cost?
The price of an online divorce can vary depending on the website you choose and the services it provides. You could be looking at a price range of anywhere between $500 to $1500 to complete your divorce online. Top online divorce websites include:
- LegalZoom
- 3StepDivorce
- DivorceWriter
- Hello Divorce
- Rocket Lawyer
- OnlineDivorce.com
- CompleteCase.com
- MyDivorcePapers
What can you not do during a divorce?
Divorce often involves emotional and mental distress for many couples, which can cause them to make mistakes and use poor judgment. They could regret the choices they have made once the divorce documents are finalized. Here are some instances that you may want to avoid when you are going through a divorce:
- Having a baby with your soon-to-be ex-partner or another person while the divorce forms are yet to be finalized can complicate your divorce, so consider postponing pregnancy attempts.
- Avoid taking your stress or other negative emotions out on your children, as they are dealing with the changes too.
- Be very careful about having an affair during your divorce, which can ruin your grounds for divorce.
Remember that just because you are going through the divorce process or have filed your divorce papers does not mean that it is complete yet. It can be important to wait until the judge has accepted the petition before it is considered a legal divorce in the eyes of the law.
How long does a divorce take once the papers are signed?
When you start the divorce process, the length of time it takes can depend on whether you are going through a contested or uncontested divorce. In an uncontested divorce, you and your partner have agreed on custody, child support, division of assets and property, and visitation rights, which can typically speed up the process. However, other steps need to be completed before your uncontested divorce is finalized, including:
- Filing a summons to dissolve your marriage. These divorce forms can then be served to your partner.
- If your partner accepts the divorce forms and signs them, they will then go for filing at the courthouse.
- Once the divorce papers are filed, the process to have the judge sign off on the divorce can take anywhere from a few weeks to 12 months.
It can be important to note that negotiations often occur before the papers go to court; this process’ time can be difficult to estimate and depends on your partner's willingness to negotiate efficiently. Different states also have different rules. A Texas divorce could be one example in which state laws affect the timing. Divorce in Texas may take longer as your divorce is not considered finalized until a minimum of 60 days after your petition to the court has been completed. However, in Texas, divorce is deemed to be no-fault, meaning you will not need to prove misconduct from your spouse, although the judge has the discretion to appoint fault in a couple when distributing assets and property.
Is a divorced person considered single?
When you start a divorce, you and your partner are not considered to be single. However, once your papers have been accepted by the judge and your divorce has been granted, you will be regarded as single under the law. Dating during a divorce process can be tricky and could have unintended consequences if used against you during negotiations. It is highly recommended that you don’t date anyone during your divorce process since it can negatively affect your negotiations and your grounds for divorce. Once your divorce is complete, you can begin to see other people and move on with your life.
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