Is Online Divorce Really An Impossible Dream?

Online divorce would seem like an impossible dream to the thousands of people who had to cope with the old system and the laws which prevailed until recently, but it has become a reality for many people today. There was always a large part of the divorce law which was completely illogical. If your partner had committed an act which was considered to be a fault, such as adultery or cruelty, you could sue for divorce. You had to convince a judge, in theory at least, that the fault was genuine and that it amounted to cause for divorce.

However, if you were stuck in a marriage where both partners knew the end had to come, because the relationship had grown stale and both partners had moved on and were even seeing other people, there was nothing you could do to end the marriage painlessly and cleanly. It could only be done the messy way, by one party making allegations against the other. The change in the law to allow no fault divorces was a long time coming, but it was desperately needed.

It is now possible for a marriage which is in this state to be dissolved by a court without the need for lawyers, and without any allegations needing to be made against the other party. This can happen with papers that you can download from the Internet and fill in yourself. The process will only work if this is a simple case of a marriage breakdown to which both parties agree. You will not be able to use this system if there are custody issues, or if there are concerns over the distribution of assets.

The future of any children should always be uppermost in the mind of anyone thinking of getting a divorce, or indeed the mind of anyone being sued for divorce. If your children are grown and mature, they will have their own opinions on the marriage which you will probably know only too well. If the future of the children can be agreed upon by all parties, this will go a long way to making the divorce process as smooth as possible.

When you need to apply for your online divorce, make sure that you have the right forms. While most cases are straightforward in that both parties reside in the same jurisdiction, there will be some where this is not the case. There will also be cases where any marital property will be in a different location. In these cases, you will need to take specialist advice as to where to file your form. Being able to file online saves you a considerable amount in lawyer fees, but you will still need to pay the court. Rest assured, though, that you will be paying the least possible with an online divorce.

 


 

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Family Law Matters Do Not Belong in the Courtroom Says Family Law Attorney . - MarketWatch (press release)

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