For Internet-savvy couples, there are lots of websites that offer basic forms to file for divorce. These are often called online divorce kits. The truth is, however, that a divorce must be filed in the court that has authority to grant the divorce, and any forms used must comply with the rules of that court. Online forms can get you started in most states. Whether or not they will get you finished or provide everything that your local court requires is another question.
The divorce process begins with some kind of initiating document, for example, a petition or complaint for divorce. Some courts allow joint petitions and some do not, some courts require the word complaint and some do not. Some courts allow parties to agree to the entire terms of their divorce, submit a form indicating they have agreed, and allow a judge to sign the documents without a hearing of any kind. Once again, some courts do not.
In addition to the initiating documents, each court has a process for evaluating whether or not the terms of the divorce are in keeping with the local laws for division of property and debt, parenting of children, and monetary child support. Some states make this information readily available to the public, and some do not.
In many states, there is a legal process called discovery which provides for the parties to share relevant information to assist the court in evaluating the terms of the divorce. The forms required for the discovery process and any required disclosure of specific information are usually not included in online divorce packets, as these may be unique to local courts. In addition, each court has its system for calculating child support, and each court has its own process for determining whether or not a hearing may be required.
Online divorce forms can be a resource for some basic forms that can assist you to start the process in your local court. But while online forms may be helpful in beginning the process, it is wiser to do research at your local court prior to buying any product.
