Processing Your Divorce Online

In the age of the Internet, many states now allow you to file divorce forms online, and they make it easy to do so. Most circuit courts which usually handle divorce accept e-filings.   Some county courts that oversee divorces in less populated areas, don't accept them. You must file divorce forms online in the county where you’ve resided for the last three months, so check with that court to make sure e-filing is an available option for you.

If you want a fast and easy divorce, file divorce forms online and save thousands of dollars in legal fees as well as saving yourself an enormous amount of hassles that can increase the pain of what you're already going through.

The Online Divorce Process

Everyone who will file for divorce  online should start the process with a petition. That petition is then served to the other spouse, who can either accept the divorce or choose to fight it. Regardless, they have to accept the papers, but not necessarily the divorce itself.

At this point, all sales, changes, out of state travel--nearly everything is frozen in time until the waiting period specified by your state. Once that is completed, agreements between the parties can be made, and the divorce can proceed onto the fast track. However, if one of the spouses is uncooperative, then things begin to get a lot more difficult.

Below are the four basic steps to file divorce forms online:

1.  The divorce process begins with the divorce form or petition for divorce.  It is completed by one spouse and will be served to the other spouse.

2. File divorce forms with the court.

3. A divorce petition must be filed in the county where you live, not where you got married.

4. Serve your spouse with the divorce forms.

5. The divorce forms must be served on the spouse or presented to the spouse.

If it is an uncontested divorce, the other spouse only needs to sign the “Acceptance of Service” to acknowledge that he/she has received the divorce forms.  The divorce process for an uncontested divorce may be made faster if the other spouse files a response to show that he/she agree with the divorce.

The petition (or the divorce forms) must be served on the other spouse. This phase of the process is called "service of process." If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the divorce papers.

Completing service of process starts the clock running on your state's waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.

The other spouse is known as the "respondent." Although it's not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.