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My husband and I are separated and I want to file for divorce. I went into several websites to may be file an online divorce. I don't know if this may be a good idea. My husband and I are doing this together, so its not a battle of a divorce. We can talk civilizated and work a way to file together. Because of that, I don't see a reason to hire a lawyer. I also have a 5 year old little girl....I want to be this as easy as possible - if anyone can please refer me to a site or any other option to be able to proceed with this, I would be greatly appreciated.
Divorce is a legal process and requires a court's decision. I've never heard of it being done online.
Being a legal process, it can be a very stressful experience if you don't know what you're doing. Talk to a legal adviser first.
Netty: I am a lawyer in New York. Matrimonial law is not my bread and butter, but I can give you some general pointers.
Preliminarily, divorce laws vary by state. To my knowledge, there is no unified website for all states' laws. Without knowing where you live, it's very hard to answer any questions about your divorce.
Generally, though, it is easy to do one's own divorce if (1) it's not contested; (2) there are few or no assets in the marriage; and (3) there are no children. The presence of a minor child does complicate things, and a judge probably will not grant a divorce no matter how whole-heartedly you and your husband agree to it unless there is a provision for child support, custody and visitation (remember, it's not about the two of you, it's about what's called "the best interest of the child"). Courts -- again, generally -- use a standard formula to determine the parties' respective child support obligations, so even in an uncontested divorce, both parties must submit detailed financial information about themselves, as well as information about insurance, etc. It's possible to fill out the forms yourself, but they tend to get byzantine (lawyers and paralegals typically use special software for this). You can use an agreement to provide for different child support obligations than the law's default formula (provided the child has everything she requires), but you still have to submit your financials to the court.
There are several things you can do. The first step you should take is go down to the courthouse in your jurisdiction. Tell the security officer at the front desk that you want information on how to represent yourself in a divorce, and (s)he will steer you in the right direction. Most jurisdictions have a special divorce packet of forms and instructions for people who represent themselves, as well as an office for the self-represented. (A few states have these forms online. New York does.) Understand that no one at the courthouse can give you actual legal advice or help you fill out the forms, so you are on your own. If you fill out the forms yourself, you have to follow the instructions TO THE LETTER.
Some states permit "document services" companies to fill out papers in uncontested divorces. A document services company is, basically, a few paralegals doing what they would have been doing in law offices on really uncomplicated cases. Because they merely fill out forms, these shops charge a fraction of what you would pay to an attorney -- but note, document services companies can't give legal advice, and if anything goes wrong in your divorce, you can't sue them for malpractice. If your state allows such businesses, you'll typically find them in storefront shops in the vicinity of the courthouse; if you ask at the courthouse, you may get a referral to one of those. Where they can, they also leave their fliers or business cards around courthouse lobbies. Such businesses are not legal in all states, however. If they don't operate in yours, then your only option short of hiring a lawyer is to fill out the forms yourself.
Lastly, since I'm a lawyer and arguably biased in this regard, you may not necessarily take my word for it, but for what it's worth, I have to tell you it's generally not a good idea to forgo legal representation when a child is involved -- for you or your husband. I don't know the particulars of your situation, so I can't really say more than that. I understand that where the divorce is amicable, it just seems like such a waste to lay out, what, upwards of $3K ($6K if your husband gets one, too) for doing essentially what you could have done yourself -- believe me, I understand. However, I strongly urge you to consider at least a consultation with a lawyer. Depending on where you live, it would cost you anywhere between $150 and $350. Unless spending that money would result in a severe hardship, it's something that's really a wise thing to do. It would help you avoid any pitfalls and make it easier for you to fill out those forms. If you do decide to get a consultation, remember that a lawyer is not allowed to give advice to both spouses, even if you agree on everything -- (s)he can only counsel one or the other.
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RE filing online: A few states have implemented electronic filing, but not all allow it in divorce cases. Even in those that do have electronic filing and do allow divorce pleadings to be filed online, this option is generally reserved for people with accounts -- i.e. law firms. Pro se litigants (those who represent themselves) usually must file everything on paper, in person, with the clerk verifying that their papers are correct. Anyway, filing online should be the least of your concerns. If you are representing yourself, be prepared to make several trips to the courthouse.
Last edited by Redisca; 10-20-2008 at 02:50 PM..
Reason: additional information
Another way to go is to hire a mediator. Their job would be to write up the specifics of all the details and then that would have to be filed in court. It's a much lesser cost than hiring 2 attorneys for each of you, but it is wise because mediators often times bring up issues that you might not have considered.
But, the laws in every state are very different, so the very first thing to do is find out the process in your particular state. I know that in NC and NJ, you have to live separately for one year before you can file for divorce. But in other states, that's not the case.
I used this and handled my entire divorce (including the custody and visitation arrangement) from beginning to end for like $300, plus the court's fees for filing. Very painless.
If your spouse is working with you, it's an uncontested divorce. No reason for lawyers, no reason to even show up in court in front of a judge. We never had to. You enter all the info on the website and it creates the forms for you. Let me tell you, the girl at the court clerk's office had her jaw drop when she saw all that I had done by myself.
DM me if you need more details. I highly recommend this website from my own experience.
I used this and handled my entire divorce (including the custody and visitation arrangement) from beginning to end for like $300, plus the court's fees for filing. Very painless.
Looks like this version costs almost as much as the paralegals we used ($400) without lifting our fingers at all or showing up in court. Just stopped by their office once or twice for ½ hour max. Might be more expensive if kids are involved, though... not sure.
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