The divorce process can be very challenging, expensive, and time-consuming. Yet, that doesn’t have to be the case.
If you and your spouse agree on all matters, you can file for an uncontested divorce online. In this post, you can find out if this is a good option for you and whether you qualify.
If you are looking for a less stressful, inexpensive divorce, keep reading. Let’s get into the uncontested online divorce benefits!
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Uncontested Online Divorce
Before getting into the benefits, let’s talk about uncontested online divorce.
An uncontested online divorce is when both parties agree on the divorce issues. These matters include child custody, child support payments, and division of assets.
It is a no-fault divorce, as the spouses don’t argue about any aspect of their divorce. In such a divorce, you can usually complete all of the paperwork online instead of going to an attorney’s office.
Divorce is never easy. However, an uncontested divorce can be beneficial for both parties. An amicable divorce gives the couple a chance to negotiate terms and move forward.
Filing an Online Uncontested Divorce
Getting divorced online is convenient for couples who want to end their marriage. That said, there are divorce services that specialize in online divorces.
They can prepare documents for you based on the information you provide. Some of them fill the papers for you, while others give detailed instructions on how to do it yourself.
Additionally, they can review the forms you complete when filing for a divorce online. They provide the convenience of filing for a divorce online, saving money and time.
Once they create the necessary legal documents, they send them to the spouses to review and sign them. Most of the time, the couples receive their documents within a few days.
Online services such as BlissDivorce allow you to use their platform to define your agreement and then have legal documentation assistants (LDAs) prepare your paperwork and file it for you. LDAs are licensed professionals who specialize in the preparation of documents for divorce and other legal purposes. Having them prepare the paperwork ensures it’s done right and takes the load off your shoulders.
When hiring an online divorce service for an uncontested divorce, be sure to check if they prepare paperwork in your state. Not all online services handle divorces in every state.
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Detailed Guide on Filing for a Divorce Online
The process of filing for a divorce online is simple. You will need to sign up for the service using your email and create an account.
Next, you will need to complete the questionnaire and provide the necessary information. You can complete a divorce online alone or together with your spouse.
When filing for a divorce, it is crucial to respond to all questions. This means including details about custody, shared assets, and other financial matters.
Based on the data you provide, the service then fills in all the necessary documents. You can then download and print the documents to file them with the court or send them online if the state allows it.
Is uncontested online divorce legal?
Filing an online divorce is legal but only applicable to uncontested divorces. An uncontested online divorce is a valid way to end a marriage.
Some online divorce services have automated document preparation. This is a good option for simple divorces. Others use legal documentation assistants or other professionals to prepare your documents. In either case you and your spouse will need to sign and usually notarize the documents. Then either you or the service will file the documents with the court, depending on the online divorce service you choose,
You should note that different states have different requirements for filing a divorce online.An important thing to mention is that not all spouses are eligible for an online divorce.
The eligibility depends on their state and the circumstances surrounding their case. Hence, it is necessary to check the laws in your state before deciding to proceed. Usually online divorce services provide information about whether documents can be filed electronically in your state.
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Qualifications for an Uncontested Divorce in California
Online divorces are legal in California, and the state allows ‘e-filing.’ This means that couples can file their paperwork online through the court system.
To qualify for an online divorce, you need to adhere to the following criteria:
- You and your spouse agree to dissolve the marriage
- Both you and your spouse agree on all divorce-related issues
- You need to meet California’s online divorce requirements
The court in California only grants divorces to residents of the state. Hence, to file for divorce, at least one of you must have lived in the state for the previous six months. Exceptions to this rule are domestic partnerships and legal separations.
If you want to go through the process online, your divorce must be uncontested.
Parenting plan and waiting period
If you have minor children, you must create a parenting plan you both agree on in advance. You can use a service like BlissDivorce to prepare a parenting plan, or download the forms from the California Courts website.
A vital thing to keep in mind is that many states have what’s called a waiting period. This means there is a certain amount of time from the time you file for divorce until your divorce is finalized. In California the waiting period is six months from the time paperwork is served on your spouse. Other states have waiting periods of 21 days to one year.
Once you and your spouse sign the documents and file them with the court, they are binding. After the waiting period passes, the divorce will be legally final.
Uncontested Online Divorce Benefits
Convenience
The divorce process can be challenging for both parties. It often requires legal consultations and in-person meetings with lawyers. It also usually requires filling out paperwork in person and appearing in court.
That said, if you and your partner agree on the terms, you can file for a divorce online which is very convenient. Such a process minimizes the amount of paperwork that you need and allows you to go through the process from the comfort of your own home.
Fast resolutions
The process is much easier compared to contested divorce and will save you time.
The main reason is that you don’t have to set meetings with the lawyer when their schedule allows. Instead, you can do everything online. If your state accepts electronic filing, you don’t have to go to the courthouse to file the paperwork.
In addition, you will spend less time negotiating issues because the divorce in uncontested
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Less expensive
As mentioned, a contested divorce can be time-consuming, which means spending more money.
Since uncontested online divorce is faster and simpler, it is a less expensive separation method. Most online divorce services charge flat rates, which are far cheaper than a divorce attorney.
When you hire a lawyer to prepare the paperwork for you, you are paying for their time. This is much more costly than filing for a divorce online.
Since you won’t go to court, you won’t have any extra costs (except filing fees) associated with a contested divorce.
Privacy
Appearances in court might involve publicizing personal information. In contrast, an uncontested online divorce gives you much greater privacy.
This is because the spouses make the majority of the decisions in private. During the divorce, your personal details remain confidential (although in some states the final divorce filing is a matter of public record).
Control
An uncontested divorce also enables you greater control over the divorce process. You get to decide the terms of the divorce agreement.
If you contest your divorce, the judge will then decide on important matters. This includes who will get custody, how you will divide the property, etc.
Guidance and support
One of the big complaints about divorce attorneys in California is that they don’t explain what’s going on. By filing for a divorce online, you often receive more information about the process and decisions you need to make. Online divorce services generally provide guidance for the paperwork and can help you avoid making costly mistakes.
Some online divorce services also provide access to attorneys, mediators, parenting classes and more.
Flexibility
As we have mentioned, the process of divorce can be time-consuming. Hence, finding time can be challenging for busy people.
Still, you can file for a divorce online and complete the paperwork when it is convenient for you.
Is Uncontested Online Divorce the Right Option for You?
Above, we mentioned the benefits of uncontested online divorce. These can help you determine whether it is right for you.
In general, online uncontested divorce is a good option if:
- You and your spouse can be civil with each other
- You and your partner agree on terms. Such terms include custody, dividing assets, and financial matters.
- You are comfortable using a computer and doing things online
Still, in some situations, uncontested online divorce is not advisable.
For example, online uncontested divorce is not the right option if your spouse doesn’t agree to a divorce. Most online divorce services do not include dispute resolution to help you work out your differences. If you find yourself in this situation you can consider BlissDivorce, which includes Digital Divorce Mediation to help you come to a complete agreement. Once this is done you can file an uncontested divorce.
Also be cautious about using online divorce if there is an open case of domestic violence. This can have legal ramifications that need to be addressed by an attorney and potentially law enforcement officials. If you have been a victim of domestic violence consider contacting the National Domestic Violence Hotline at 800-799-7233.
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Final Thoughts
Couples who agree on the terms of their divorce can fill in and prepare their forms online. By doing so, they can take advantage of the many benefits of uncontested online divorce.
An uncontested divorce through online divorce companies like BlissDivorce saves time and money. It can diminish the stress that couples usually experience when dealing with divorce.
An online divorce service can help you prepare all the necessary papers. It can also help you avoid the difficulties of figuring things out on your own or dealing with expensive attorneys.
