Getting Cyber-Divorced
Or…Getting Divorced Online
Are You a Candidate?
You’ve tried to work it out yourselves. You’ve gone to counseling. You’ve tried everything. But your marriage is broken. You and your spouse are getting divorced. Just when you think you are out of choices, there is yet another choice: whether to hire an attorney or do an online divorce.
When divorce involves children, property and lots of disagreement about how to divide things up, attorneys make a bundle off of these heartbreak hotels. If, however, you have a relatively simple divorce that is uncontested, you may be able to do the paperwork electronically using a service such as legalace.com.
Laws Differ State to State
Each state has its own laws governing divorce, and the companies that offer online legal document preparation services typically offer the forms for each state, each municipality.
Fault Vs. No Fault. Some states have what’s called “No Fault” divorce, in which neither partner has to be found at fault; both have simply agreed to divorce. Getting divorced in a state without a “No Fault” law means that someone must be found at fault for the marriage breaking up. Here are some of the reasons:
· Adultery
· Insanity
· Abandonment
· Abuse
· Legal Separation for 1 year
Community Property. Some state laws dictate that all assets acquired during a marriage belong to both partners equally; those are commonly referred to as community property states. In the case of a divorce in a community property state, property and assets are divided up evenly between the two people. Judges in states without these laws will determine on a case-by-case basis who should receive what in a divorce.
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Electronic or Not
When you reach the conclusion that your marriage isn’t working and that divorce is inevitable, you have a choice about how to move forward. If you can reach some agreements about a few things, you can save money by having your divorce documents prepared electronically, rather than having to hire an attorney. Once they are prepared, you then file them with the government, and depending on the state, the company that prepares the documents may also submit them to the government.
Criteria for an Uncontested Divorce
What is the definition of an uncontested divorce? Basically, it means that both partners agree on the reasons for divorce, how to split up property, finances and custody of children, if there are any.
Splitting Up Belongings
If you and your spouse own a house, cars and other items jointly, you have to decide what is going to whom. If you can’t come to an agreement about how to split up your belongings, finances or debt, then you are probably not a good candidate for filing for a divorce online. You’ll need the help of an attorney to sort things out.
Custody Issues
If you have children and you and your spouse can’t come to an agreement about where the kids will live, who they will live with or when they will visit, then you’re not a good candidate either. An attorney or perhaps a mediator can help you work out the details until you are both satisfied. But until you get to this point, the process will tend to be stressful for both of you.
Drafting a Settlement Agreement
Once you have reached an amicable agreement about how to go about your divorce, your decisions need to be formalized in a document called a written settlement agreement. The settlement agreement then goes to a judge in your county or district jurisdiction who will oversee an informal hearing where the judge will ask some basic questions, whether each person understands the agreement and has voluntarily signed the document. If the judge isn’t happy with one or more items on the settlement agreement, he or she will order you to find a resolution – through your attorneys or another route –before returning to court.
Once the judge is satisfied with the settlement agreement, he or she will approve it and then issue a divorce decree that shows the divorce is final and maps out the terms of the divorce, including:
· Child custody
· How property and finances will be divided
· Child support and spousal support
There is no way to overstate the impact of divorce on a family. Everyone suffers. But finding common ground and going through the process online — without an attorney — is one way to reduce some of the drama, cost and anguish in an already painful process. It eases the confusion, simplifies the complicated paperwork and eliminates the cost of hiring an attorney to file your divorce – that is, if you can agree on some of the details.
This article was contributed by Cecile Duhnke, content writer with LegalAce.com, a Scottsdale, Ariz. legal document preparation firm. The information in this article should not be considered advice. For legal advice, please contact an attorney.
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BOX THIS INFORMATION:
In order to be eligible for an online divorce, you must generally meet these prerequisites:
* You and your spouse are in agreement about getting divorced.
* You and your spouse have agreed on how you will divide property and how you will handle issues relating to your children.
* You can find your spouse and your spouse is willing to accept and sign divorce papers.
* There are no pending cases related to custody or child support of any children from this marriage.
* There has been no significant domestic violence in this relationship.
* Your spouse is not on active military duty.
* You do not have any pending divorce cases anywhere and you do not have an attorney representing you for this divorce.
