Anyone who enters the term “online divorce” on the Google search engine receives almost 2.75 million hits. Promotional ads for divorce online range from "Turbo" and " flash divorce " to "Save does not work", "an unbeatable price" and the like.
The most important thing in a nutshell: divorce online
- The term online divorce means communicating with the lawyer. This is done via e-mail, telephone, fax or letter and usually eliminates the need for a personal appointment with a lawyer.
- The personal appearance of both spouses at the divorce date is generally required.
- Online divorce is particularly suitable for spouses who want to divorce amicably.
But what is it about the internet decision? In fact, it offers some significant benefits – though not for all divorcing spouses. Lawyers at “Right Lawyers” help Uncontested divorce Las Vegas, describe them your situation and they will cope with a crucial situation of your life.
Conversely, however, the often created impression that the entire divorce takes place online and is particularly inexpensive does not apply. Because the spouses must be present in person at the date of the divorce before the family court. And the divorce costs are also regularly the same everywhere. A specialized divorce lawyer can estimate how high these turn out to be in a non-binding cost estimate.
The internet makes it possible
What is an online divorce?
In the case of an internet divorce after a previous separation, the entire correspondence between the spouse who wants to file the divorce application and his nationwide lawyer takes place online, i.e., via a form posted on the internet or by e-mail. Personal visits by the client to the lawyer are therefore generally no longer necessary.Instead, the client is advised or contacted by phone, email, fax or post. If the location is close enough, questions can also be clarified personally in individual cases and at the client's request.
However, the actual divorce petition must always be submitted to the family court by a licensed lawyer, Section 114 (1) of the Act on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction. In the case of a consensual divorce, it is sufficient that one spouse is represented by a lawyer and the other spouse agrees to the application for divorce. Well, that's the personal appearance of the spouses also at an online divorce in divorce date basically required 1, § 128.
If an online divorce is commissioned after the separation, this always creates a client relationship with a lawyer or specialist lawyer. A distinction must be made between the providers of Internet decisions: If the relevant page in the network is operated by a lawyer, the latter receives the mandate. Is the responsibility for the divorce family court further from the law office of the lawyer who draws divorce lawyer and adds further legal or specialist lawyer, the divorce date to perceive. However, all correspondence and advice are only provided through the law firm that the divorcing spouse has commissioned and with which he is in contact.
If, on the other hand, the divorce is offered online by someone who is not a lawyer himself, the divorce documents will be forwarded to a lawyer, whom the divorcee will then have to commission with the implementation of the divorce. The information as to whether the provider of the online divorce is a licensed lawyer or not can be found in the imprint of the website in question. Additional costs may then be incurred for the mere mediation.
In family law, divorce is not specifically regulated online by law. Rather, the lawyer is hired and the divorce is carried out in accordance with the general statutory provisions that apply.
These are the advantages of divorce online
The main advantage of the internet decision is the high time savings. If contact is made in a conventional way with a lawyer who is to be commissioned to carry out the divorce, an appointment must first be made. If the lawyer or specialist lawyer is overworked, it takes days, if not weeks, until an appointment can be made during office hours. In order to keep the appointment, the divorcee may have to cover a longer distance (e.g. in rural areas) or even take a day's vacation because of his working hours.
Once he has arrived at the office, he first sits in the waiting room. If there are still missing documents to be submitted, the client must again to the lawyer or - if no fax is available - send the documents by post, which, however, requires a suitable envelope and appropriate stamps. All of this takes time and is extremely annoying in places. In addition, the client is only informed a few days later when the divorce lawyer sends or receives documents on the occasion of the divorce and sends copies of these to the client by post.
In contrast, in divorce proceedings, in which the lawyer commissioned to carry out the proceedings, who can be reached via the Internet, can do everything conveniently on the home computer at any time. For example, the online form can be filled out at night or on the weekend. This also applies to the documents required for the divorce, which can be scanned at any time and sent to the office by e-mail using a file or by fax. If there are still documents to be submitted, this can be done quickly and quickly in the same way.
Submitting the divorce papers online saves a lot of time. In addition, the divorcee usually receives a confirmation of receipt by email on the same day. The client also asks his questions by e-mail or telephone, whereby he often receives a written answer or a callback on the same day from particularly dedicated lawyers. However, in this case, too, you must take into account that the lawyer you have appointed is not solely responsible for your case. Delays are therefore also possible and realistic in the case of online communication. Annoying "secondary work" such as getting the right envelopes or stamps is completely eliminated. In addition, the client receives any correspondence that the lawyer conducts or receives in the divorce case, regularly by e-mail and is thus informed immediately.
Divorce online offers another significant advantage for a spouse who has moved abroad after the separation - perhaps for work-related reasons. Internet divorce is particularly attractive for this group of people, as a divorce lawyer can be hired in Germany in a simple and effective way. The lawyer may also ensure that the client does not have to travel from abroad to the divorce date in Germany, but is heard or questioned by a judge on site. Section 128 (3) of the American Family Law enables this type of hearing. In these cases, however, it is important that the lawyer commissioned online specializes in international law is because this right can be of considerable importance to the divorce proceedings.
However, the lawyer always sends the legally binding divorce decision to the client by post, as the client may need the original later (e.g. for the so-called negative certificate in the event of a new marriage).
Who Online Divorce Is For - And Who Is Not
As time-saving and convenient as the advantages of divorce online after a previous separation is: This form is suitable for many, but not all spouses who want to divorce.Online divorce is particularly suitable for spouses who want to divorce by mutual agreement. The consensual divorce requires that this is wanted by both spouses, that the spouses have been separated for at least a year and that all subsequent matters (custody, maintenance or access to the child, etc.) have been settled. The exception to this is pension equalization (i.e., the “sharing” of the pension entitlements acquired during the marriage).
By the way: In the case of an amicable divorce, usually, only one lawyer has to be engaged. However, the latter may only provide legal advice to the party commissioning him. Advice to the other side would also create a professional conflict of conscience. Accordingly, if you are considering getting a divorce, then it is strongly recommended that you reach out to a locally based law expert in your area first for some professional guidance, especially if your breakup is going to be complicated. Accordingly, if you would like more information about the legalities of getting a divorce you can find some helpful resources on the Peters and May website here: petersmay.com
Typical cases of consensual divorce, for which an internet divorce is ideal, are for example:
- The spouses agree on the divorce (i.e., also on maintenance, access rights, etc.) and still get along relatively well. Both would like to "officially end" their relationship as quickly and easily as possible.
- The spouses have been separated for years and have led their own lives ever since. Divorce has not yet taken place because there was not enough time to hire a lawyer or the associated effort was just perceived as a nuisance.
- The spouse who wants to arrange for a mutual divorce is fully occupied because of his job or even works abroad. It is therefore not possible for him to hire a lawyer in a conventional way.
- There is no suitable lawyer at the place of residence of the person who wants to initiate the consensual divorce proceedings. The spouse in question, therefore, has no desire or it is too expensive for them to drive several kilometres or even have to take a day off for it.
- The spouse who wants to initiate the mutual divorce has moved a long way from the previously shared home. He is informed that the divorce has to be carried out at the family court, which is responsible for his former place of residence and sees no possibility of appointing a lawyer there.
- The spouse would like to commission a lawyer with an amicable divorce, but for health reasons (for example because he is dependent on a wheelchair) he is unable to visit a lawyer without disproportionate effort. However, the person in question is on the Internet every day.
Online divorce is not or only partially suitable for spouses,
who is hopelessly quarrelling and let the family court decide on almost every subsequent matter? In this case, it makes sense for every spouse to have a legal advisor on site who can provide detailed advice on subsequent matters such as maintenance or custody and submit appropriate applications to the court.who argue not only about maintenance but also about matters related to children. A divorce lawyer is also recommended for each spouse. According to § 151, custody and access rights belong to the things that concern children.
who have substantial assets? A mutual divorce can be carried out, but to avoid financial disadvantages, local lawyers or lawyers specializing in family law should be consulted by each spouse. With a non-binding cost estimate from a specialized law firm for family law, you can better estimate the cost risk for the individual case.
one of whom is economically inexperienced, while the other occupies a rather higher position in professional or business life (e.g. a housewife who has been involved in raising children for years and a GmbH manager) In the case of the amicable divorce, which is also possible here, there is a risk that the spouse who is ignorant of financial matters will be disadvantaged in his rights so that he should be represented by his own lawyer in order to obtain the same information as the spouse.
where the person who wants to initiate the internet decision has little or only limited command of the English language. So that the person concerned can understand the legal consequences of the separation or divorce, he should hire his own lawyer who can either speak to the client in the respective foreign language or who can call in an interpreter.