Can I use an online service for my divorce?
Can I use an online service for my divorce?
While divorce solicitors are still used by many, online services are seeing increasing attention on the web. They generally offer a fixed price to arrange a divorce through a remote relationship with a solicitors' service. You pay a certain amount, transfer them all the relevant information, and they deal with certain arrangements on your behalf. You may believe it is a cost effective option, but you should be aware that it's only suitable in certain narrowly defined situations - which are less common than you might think. In order to be able to use most online divorce services, your case generally needs to meet the following criteria:
you have been married at least 12 months
your partner has agreed to go ahead with the divorce
you are able to agree on the grounds to be used (the reasons to be used in the divorce petition)
one of you is resident/domiciled in England & Wales
Indeed, if the above criteria apply (and you are confident that the situation will continue to be straightforward), then you can often obtain paperwork directly through the courts and arrange matters yourself. In practice, however, this is a course of action fraught with potential problems. If, however, you are uncertain about all the legal aspects which may arise (have you considered your pension, or other shared assets, for example?) then you may also find that an online service compares unfavourably to a divorce solicitor in their attention to your personal situation. Many people find that the online divorce firms are not able to support them fully throughout the complicated process of petitioning for divorce; the forms which the courts require are complex, and people often need legal advice to complete them. Court resources and staff are often limited in their ability to help with specific problems at this stage. Therefore, you become reliant on the online service to reply to your queries in a timely manner and support you via phone and email - which many people find is more stressful. A solicitor, however, can be consulted as and when you need them through the divorce process.
Many divorce cases are either contested by one partner or the other, involve children under 18, or require a number of smaller disputes or disagreements to be settled in order for the divorce to proceed. In order to use the online divorce service, you need to be fairly sure that no such disagreements are likely to arise in the course of proceedings. A specialist divorce solicitor, however, will have a certain amount of mediation experience; they focus on bringing all parties together in the same room for agreements to be made. These can be about child access, about settlements, assets, property, and so on. They are also able to ask you all the relevant questions at the outset that may arise from your specific set of circumstances. Contrary to popular belief, it is also not a solicitor's desire to get a divorcing couple before a judge; many solicitors prefer to work with clients who can arrange solutions to issues through out-of-court conflict resolution processes. A non-confrontational and up-front divorce agreement process involves clear communication frameworks between you and your partner, a clear agenda for discussion, and your solicitor will consider it in their interests to bring such a process to a satisfactory conclusion; a fair agreement reached in this manner is much more likely to proceed smoothly. Furthermore, as the chairman of Resolution - the solicitors advisory body - noted, all too often people who attempt to save legal fees by using website divorce services end up with unforeseen legal issues taking them into the courts - a process which could have been avoided with personalised legal advice from the outset.
The advice site Divorce Aid stresses that the most common cause of disputes and difficulties in a divorce process, stems from lack of communication and misunderstandings. You should only use processes - like online divorce - which minimise available opportunities to communicate, both with your solicitor and with your partner, if your relationship with your spouse is conducive to discussion and mutual understanding. If not, you may find that instead of saving money and time, you have to resort to using a solicitor at a much later stage and after disputes have arisen - potentially making the process much more stressful and prolonged. Every couple's divorce situation is unique, so the key for those considering whether to use an online service is to both research and reflect on what your family's needs are likely to be, and whether you are prepared to meet them by learning about and taking on legal responsibilities yourself. If you have doubts, a divorce solicitor could be the optimum choice. For professional and sensitive advice when undergoing a marriage breakdown or any other familial issues such as civil partnership dissolution or domestic abuse, why not get in touch with a law firm that specialises in family law and divorce, for example Battrick Clark.
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