What Does Divorce Actually Involve?
A divorce settlement agreement (also known in various states as marital settlement agreement, separation agreement, or custody, support, and property agreement) is a legally binding contract that states the terms of a divorce.
Among other things, a divorce settlement agreement resolves the following issues:
Child custody and visitation. This is usually dealt with in a separate plan attached to the settlement agreement.
Child support. This is usually determined by state-specific guidelines.
Alimony (spousal support). Alimony guidelines are usually more flexible than child support guidelines, so the exact amount and duration usually has to be negotiated between the spouses.
Division of property and debts. This depends heavily on where you live. In the 9 “community property” states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) all marital property is classified as either owned jointly by both spouses or separately (if acquired before the marriage) by one spouse. In all other states, a court may divide property “equitably” (fairly) but not necessarily equally.
Do you Need a Lawyer to Get Divorced?
Getting a divorce can be extremely stressful–and that’s before accounting for all those lawyer fees. Thankfully, you don’t have to use a lawyer to get a divorce; it really depends on what sort of terms you’re on with your spouse.
If you and your spouse are fighting over one or more aspects of your impending divorce–like who gets custody of the children or how to divide property–then you will probably need to get yourself a lawyer. But be prepared: the average divorce lawyer costs around $250-$270/hour, and the overall cost can easily reach $10,000-$15,000.
If you and your spouse agree on all the finer details, then you should be able to complete what’s known as an “uncontested divorce.” There are plenty of online services offering, simple, affordable and private processing of your uncontested divorce. For $150 to $500, an online divorce service will prepare your divorce documents in a format compliant with your state’s laws and provide instructions on how to file the papers.
Is an Online Divorce Service Legit?
Online divorces are legitimate as long as they comply with the relevant state laws. The top online divorce services offer guidance on your state-specific divorce papers based on templates created with the help of licensed attorneys. These divorce papers are legally binding and just as legitimate as papers from any overpriced lawyer.
The best online divorce services process your papers in minutes. Just fill out a short online questionnaire to begin your uncontested divorce. You’ll receive guidance on divorce documents personalized to your state, children, income, assets, and any other factors specific to your case. These services are here to make your life easier and help you file and fill out the correct forms. Just print, sign, and follow the attached instructions on how to file the papers in court.
Choosing an Online Divorce Service
If you and your spouse have agreed on an uncontested divorce, then it’s time to search for an online divorce service. Here are some of the things to look for when comparing online divorce platforms.
Ease of use. The process should be quick, easy, and painless, and filling out the online questionnaire should only take up a few minutes of your time.
Price. Online divorce sites can cost anywhere from $150 to $500, with the higher-end services offering extra features like free advice from attorneys in your state. Some online divorce sites let you pay in installments if you wish.
Support. As mentioned, the best divorce platforms offer access to attorneys as well as advice from experienced document specialists.
Success rate. Check out reviews and testimonials to find out the provider’s success rates. At a minimum, you should choose an online divorce site that has a 95%-99% success rate getting divorce papers approved by the courts.
Money-back guarantee. The best online divorce services are so sure of success that they guarantee 100% money back if your papers are rejected by the courts.
What Happens After Your Online Divorce is Complete?
Online divorce services prepare all the paperwork for you, but there’s still one thing left to do to complete the process: get a judge to grant the divorce. Note that most states have minimum residency requirements before filing for divorce. Some states require you and your spouse to have lived in the state for at least 6 months and others require a minimum of 1 year. Some states also require you and your spouse to have lived separately for 1 year before filing for divorce.
Once you have your papers ready, it’s time to file them with the county clerk and pay the filing fee. The clerk will keep the original documents and give you stamped copies, one of which you must serve to your spouse using a licensed process service, sheriff, or whoever else is licensed to carry out such procedures in your state.
The final step is the court case itself. Sometime after filing the papers, you should receive notice of your court date. If you and your spouse have agreed on an uncontested divorce, then the process should be fairly straightforward. Just turn up to court, show the judge that you and your spouse both understand what a divorce entails, and wait for your copies of the divorce judgment from the county clerk.
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