Is an Online Divorce Really Viable?
The internet encourages us to diagnose our medical problems, book our travel, and get answers to all of our questions quickly. Anything and everything can be done online now. Divorces are no exception.
You may have seen advertisements for online divorces. They are usually packaged as a “one-time set fee” at an affordable price. Maybe your spouse is even pressuring you to get an online divorce because they are advertised as fast, cheap, and less stressful. The process for an online divorce usually starts with the customer filling out a quick questionnaire regarding their spouse, children, assets, and liabilities. The service then generates a seemingly simple bunch of pre-packaged divorce forms customized to the laws in your state and geared towards the individualized data you entered in your questionnaire. You then sign the forms, upload them, and poof — just like magic —- you get a quicker, easier, and cheaper divorce!
This article will delve into the viability of an online divorce option for your circumstances. It will provide an in-depth analysis of its advantages and disadvantages.
While saving yourself from exorbitant legal fees sounds perfectly sensible, please be aware that rushing to pay for an online divorce is not always the best strategy. Frequently, the forms you need to fill out may be more complicated than you suspect or you might end up signing forms, but not fully understanding what you are signing. It is only natural to want to rush through stressful or unpleasant events in our lives, but think twice before you proceed with an online divorce if your main desire for doing so is to “get it done with as soon as possible.”
What are the Advantages Associated with an Online Divorce?
It feels like you are in control of the process.
No court appearances or judges are telling you what to do or making any decisions.
It is faster than going to court.
It is much more affordable than hiring an attorney. There are no hourly legal fees to worry about!
Who is an Online Divorce for? Who is it not for?
Online divorces are most beneficial in simple, amicable, and completely uncontested divorces. (These are cases where the parties have already agreed on all substantive issues and are taking the divorce under “no-fault” grounds.) This means that you are not accusing the other spouse of adultery, cruel treatment, abandonment, imprisonment, substance abuse, or some other fault ground.
Couples who have no children and a short-term marriage with very little assets, no real property, and no debts are ideal candidates for online divorces. Alternatively, online divorces are viable when the parties have children and there are no issues regarding custody, visitation, child support, and other ancillary matters. Online divorces are not appropriate in contentious cases, where there is significant wealth or debt that needs to be divided, where there are multiple and complex property transfers involved, or when the parties are unable to cooperate and respect one another.
What are the Disadvantages Associated with an Online Divorce?
Filling out and signing a bunch of forms that you do not fully understand can be problematic for many reasons. Without the guidance of a lawyer, you may not know what you are legally entitled to during a divorce. You may also have important questions that need to be answered. Always remember that there are potentially life-altering consequences to signing a divorce agreement so you need to understand what you are signing!
Before Signing Forms for an Online Divorce, You Should Know and Understand the Following:
Are you entitled to basic child support and spousal maintenance? If so, how much are you entitled to on a monthly and annual basis?
Are there additional “add-on” expenses associated with basic child support that you would be entitled to for your children besides basic child support? (Ex. childcare, unreimbursed medical expenses, tutoring, extracurricular activities, and summer camp.) If yes, how much would both you and your spouse need to pay towards these “add-on” expenses?
Can you deviate from the typical child support or spousal maintenance amount in your specific state? If yes, what is the basis for the deviation?
Can you waive child support and spousal maintenance entirely? In what circumstances can you do that? Should you do that? Why would you do that?
How does equitable distribution work?
What are the potential short-term and long-term tax consequences associated with a sale of marital property or a transfer of marital property?
How does one buy out a business interest from another spouse? Is that even possible?
Does your state entitle you to any enhanced earning credits? (For example, your spouse is wealthy, owns their own business, and holds a professional license while you were a Stay-at-Home mom who took care of the children and assisted with your spouse’s upward career trajectory.) Maybe they are a doctor, attorney, or accountant, but you were the person who cared for the children and supported their career as a SAHM while they earned a substantial income. Depending on your state, you may have a claim for an interest in your spouse’s business or professional license. You may be leaving significant money on the table by not exploring this potential option.
Divorce law frequently overlaps with property law, business law, contracts, and tax law. You need to understand the implications of transferring money and whether the property transfer triggers a taxable event. If you will be taxed, how much will you owe? How are debts divided? Always think carefully about the long-term implications of an online divorce agreement.
I am Certain that I Want to Proceed with an Online Divorce. What Tips Can You Give Me?
If you decide to pursue an amicable and uncontested online divorce, consider these suggestions:
You should still consider speaking to an attorney.
I would caution anyone contemplating an online divorce to still consider consulting with an attorney first, even if it is just for an initial client consultation. Most attorneys will conduct an affordable consultation session with no expectation of being retained for the divorce. During that consultation session, you should ask all of your prepared questions and any other questions that come up during your conversation with the attorney. The purpose of the consultation is for you to become better educated about your legal rights during a divorce. (What you are legally entitled to, what you can waive your right to, and the pros and cons of waiving any potential legal rights in your specific state.) Be certain to use the time with an attorney so that they answer all of your questions. Once you have familiarized yourself with matrimonial law in your state, feel confident that you have a better sense of the law, and your questions are answered, you can proceed to an online divorce.
Do your homework first.
Not all online divorce companies are the same. Like anything else that you would purchase online, research companies carefully. Familiarize yourself with the online divorce landscape, research the competitors of a company, and always check for verified customer reviews. Most reputable services offer money-back guarantees to ensure they correctly file uncontested divorce documents. The company should also customize its forms to the legalities of your specific state. (This means some states will have different forms to complete.) Take a peak and see how many other states the company has online divorces for. You may even want to compare the forms that the online company provides with the ones from the divorce forms provided on the court’s website for your specific jurisdiction to ensure that they match up.
If the cost of the online divorce is absurdly low, like less than $100.00 for an online divorce, be suspicious An online divorce should be affordable, but not *that* cheap!
Consider when you started the business and how long it has been operating.
If it’s a newer and lesser-known business, perhaps pause and sign up with a more well-known and established brand.
Make sure that the company provides customer service or some other type of online support.
Ensure that the program has high user functionality.
All download form tabs and submit tabs should work without any errors or bounce-back messages. The instructions should be clear and easy to follow.
After filling out the online survey and receiving the forms back for you to sign, you may also consider quickly consulting with an attorney and having them review your documents before uploading them.
Yes, it might be an additional expense, but some attorneys may review your uncontested online divorce paperwork for a set fee. If you do not feel that this step is necessary then go ahead and upload your signed online divorce documents.
As Featured on SAS for Women Blog, June 2024
