Online Divorce Still Requires Trip To Courthouse
Many people may have a misconception of an online divorce and may thing that with web conferencing capabilities they can face a judge on their home computer. While this may come at some point in the distant future, it does not work that way today. While all forms can be filled out online and all the court's rules may be explained online, it will still require at least one, probably two, trips to the courthouse to get a divorce through the courts.
Some courts may allow for online divorce filings, while others require at least one of the parties to physically file the action with the clerk of courts, when a court date is set for the proceeding. One the day of the divorce hearing, both parties must be present in front of a judge and after answering a few questions, except when a waiting period is required by that state's laws, a divorce can be granted.
In most cases, there are only a few reasons for marriage ending that make online divorce an available option. They must be uncontested and all parts of the divorce decree and separation agreement must be approved by both parties. If any part of the divorce agreement is going to be contested by one party, there can be no online divorce proceedings for them. They can however, fill out all the paperwork online and work out any disagreements with the judge during the hearing.
Attorneys Not Need To For File Online Divorce
Most companies that offer online divorce services employ attorneys to be sure all paperwork is consistently filled out properly, the couple can file the paperwork with the court on their own. And even thought there is no requirement stipulating that an attorney take part in the proceedings, it pays to have an online divorce attorney review the forms prior to submitting them to the court.
If children are involved and there is not contest over their custody or amount of support, online divorce can usually proceed as long as the court sees that the welfare of the children is considered in the divorce. When filing for online divorce, all aspects of court procedures must be followed and all state laws adhered to.
In most states, there is a residency requirement, stipulating how long the filing party has to have been a resident of that state prior to filing for divorce. Meeting residency requirements, as well as any other mandates required by that state's law must be followed even when filing for an online divorce.