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Can we get divorced online without seeing a lawyer?

Many couples have a divorce scenario that could be appropriate for one of the Internet divorce services that help couples get divorced without the aid of an attorney. Many other couples do not have an appropriate set of circumstances for such an "online" divorce.

Here's how an online divorce service works.

For a fraction of the cost of hiring attorneys, say, for a $250 fee paid to the service by credit card, a couple registers with the service and answers an online questionnaire that contains the same questions that an attorney would ask:

  • the date and place of the marriage
  • the reason a divorce is being sought
  • the location of the court at which the couple would be filing the divorce
  • the existence of children, their ages, and the custody agreement being contemplated
  • the state of the couple's finances, including assets, debts, and obligations
  • the manner in which the couple intends to divide their assets, debts, and obligations
  • any other pertinent information

Filling Out the Divorce Forms

If the couple is in agreement on all aspects of their divorce, and if their agreement is in accord with the divorce laws in their state, they can complete the necessary divorce forms that are required in the county in which they're divorcing. If there is any disagreement, a lawyer or mediator will be necessary, and the couple cannot simply use an online divorce service. The online services are essentially just a place to get the required divorce forms and to fill them out.

You Still Have to Go to Court

The completed divorce forms must be taken to the appropriate courthouse. Some courthouses are able to accept the forms electronically. Even with such updated technology, the spouses (or at least one spouse) must appear in court for the divorce hearing. There's no electronic substitute for this step.

Thus, the term "online divorce" may be a bit misleading. The entire divorce process is not done online; in fact, the most important part is the appearance before the judge. The online divorce services are simply a way to do the paperwork without a lawyer, and only then when it is possible to do so.

Even so, it's always a good idea to consult an experienced divorce attorney about your plans. Many attorneys provide a no-fee, no-commitment initial consultation for people who are unsure of their options. Contact a skilled and knowledgeable divorce lawyer in your area to set up such an appointment, and get your questions answered.

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