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What is an Online Divorce?

    

Arriving at the decision to divorce or separate from your spouse is difficult and fraught with a number of seemingly impossible questions.

However, with the advent of online divorce services like It's Over Easy, there are options available that allow couples to part amicably and affordably, leaving their post-divorce relationship and finances intact. Controlling your divorce process from the comfort of your home will save you time, money, and your sanity.

Before getting started with an online divorce, there are key issues and concepts that it is important to understand.

1. What is Online Divorce?

Online divorce services are for couples who are seeking an uncontested divorce. This means that both individuals agree on the decision to end the marriage and issues such as the division of community property, alimony and child support payments, custody, and co-parenting, if applicable. Couples who cannot agree on these terms are not eligible for an online divorce and must seek a contested divorce instead.

2. What should I consider when selecting an online divorce service?

Features like form quality, customer support, spousal involvement and price all impact the decision of selecting an online divorce service.

Best Online Divorce Services

Brand

Correct Divorce Papers

Process Involves Spouse

Customer Phone Support

Price

LegalZoom

Yes

No

No

$499+

CompleteCase

Yes

No

Yes*

$299 – $699

OnlineDivorce.com

Yes

No

No

$137

DivorceWriter.com

Yes

No

Yes

$139

It's Over Easy

Yes

Yes

Yes

$750-$1,500

 

The It's Over Easy online divorce platform guides you through the process of marriage dissolution and completing your divorce papers online, step-by-step asking you simple questions in a modern, user-friendly way.  The information you provide is used to generate the divorce papers for you automatically.

It's Over Easy also requires that you work with your spouse in creating the marital settlement agreement.  Courts require that both spouses participate together when negotiating the terms of an uncontested divorce.

3. Are online divorce services legit?

YES. An online divorce is just as valid as any other uncontested divorce. The process is similar to filing your taxes online.  The questions you and your spouse enter into our online divorce service are used to generate the legal forms required by your county.  It's Over Easy will assist in filing your divorce paperwork with the court and generating your stipulated judgment and settlement agreement. Your divorce will be complete when the district court issues the final divorce decree. If for some reason your divorce packet is not accepted by the court on the first submission, It's Over Easy will work with you to identify the problem and revise your paperwork as needed.

4. What are the benefits of online divorce?

There are three significant benefits to online divorce filing with a service like It’s Over Easy.

First, you can save thousands of dollars in legal fees because you do not need an attorney. The average divorce in the U.S. can total up to $12,800 in attorney fees. Family law attorneys can cost anywhere between $75 to $1,500 per hour, with the national average at about $250. This doesn’t include other necessary expenditures, such as document costs, divorce filing fees, divorce petition delivery, real estate appraisal, and divorce parenting courses.

With It’s Over Easy, the entire DIY divorce process will cost you $1,500.  Filing for divorce online allows you and your spouse to save money for big expenses like your mortgage or children's education.

Second, you minimize the risk of filling out the required divorce forms incorrectly and having them rejected by the district court. With It’s Over Easy, our platform provides an easy, guided process to assist you and your spouse in negotiating your marital settlement agreement, dividing assets and debts, determining alimony and child custody, creating a parenting schedule, and generating the final divorce packet.

During this process, our automated form generation process helps you avoid making mistakes on the divorce paperwork. We can also handle the arranging of service and delivery of the legal forms to your spouse.

Third, you and your spouse avoid having to step in front of a judge or in a court of law. You and your spouse can complete the information on your own time, in the privacy of your own home. Please note: this applies to couples that live in states without mandated district divorce court visits. All other states may require an in-person court appearance.

Pro Tip: The Ten Steps in An Uncontested Divorce

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5. When Should I Not File for DIY Divorce Online or Without A Lawyer?

Uncontested online divorce services can be fast and easy, but not all divorces lend themselves to this process. There may be certain factors or situations which would add a level of complication to the divorce.

You should consider an online divorce if your marriage meets any of the following criteria:

  • You and your spouse both mutually want a divorce.

  • You and your spouse can reach agreement on how to allocate complex financial assets and debts, such as retirement accounts and real estate.  You may need to engage a Certified Financial Advisor to work with you in conjunction with It's Over Easy.

  • You and your spouse do not own any significant financial assets or real property.

  • You and your spouse can reach agreement on alimony and child support.

  • You and your spouse can reach agreement on creating a coparenting schedule.

You should seek additional help from a family law attorney or mediator if:

  • Your spouse does not want to get divorced/is contesting the divorce.

  • You are worried about the safety and security of yourself or you children.

  • You and your spouse do not agree on complex financial matters, such as retirement accounts or real estate. 

  • You and your spouse cannot come to an agreement, particularly on issues like alimony, community property, child support, and creating a parenting plan.

  • Child custody matters are impacted by other factors, such as new job offers out of town or serious mental or physical conditions of the child.

6. What happens if I start the process with It’s Over Easy, but then need to hire a lawyer?

If you file for divorce with It’s Over Easy, but need a lawyer to provide legal advice and finish the process, we can still save you time and money. All of the information you add on our platform is saved and can be easily exported to give to an attorney or another professional.

Filling out the financial disclosures can take hours with a lawyer, so you can still save a lot in legal fees by using It’s Over Easy even if you are working with an attorney.

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7. What happens when my spouse lives abroad?

It is important that you understand your state’s laws on how to serve your spouse with divorce papers if they are living abroad. In addition, of equal importance is understanding the legal regulations regarding service of legal documents in your spouse’s country of residence.

Although most states mandate that you serve and lawfully provide your spouse with the appropriate court documents, each state has different rules when one partner lives outside the United States.

In Texas, Nevada, and California divorces, if you meet the state's residency requirements, you can still file for divorce in your state and work with It's Over Easy to serve the divorce papers to your spouse for you.  This is possible because these states allows service via mail. As long as your spouse is willing and able to accept service via mail, the online divorce process remains essentially the same.

However, in New York, the process can be more complicated.
New York requires service of divorce documents to be made in-person in front of a judge. This applies regardless of where your spouse lives.

The more laborious part of in-person service abroad is complying with the foreign country’s regulations. For example, in Italy, all the documents must be translated to Italian and served through an Italian government agency.

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8. What if we change our minds and decide not to get divorced?

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We are hopeful romantics and we believe in love.  We’re not promoting divorce, but if it is happening and if reconciliation is not possible, you have options. If you decide to take a step back from the process and wait a beat, you can put your divorce on hold.   

If you file your divorce packet online with It’s Over Easy and serve your spouse, but then decide that you want to remain married, let us know, and we can put your case on pause. If you decide to give your marriage another shot, It’s Over Easy can help dismiss your case from courts, no problem! On the other hand, if you wish to continue your divorce, we can simply un-pause and continue your existing case.

Keep in mind though, once a case is opened, the court will consider your divorce to be pending until further action is taken. So, if you wish to continue your marriage, your divorce case must be withdrawn from court. Don't worry, It's Over Easy will help you through this step!

9. If my spouse and I agree on the division of our property, do we still have to complete financial disclosures?

YES – no matter if you are filing for an online divorce or if you are paying a high-priced lawyer to file on your behalf. Completed financial disclosures are a requirement for any divorcing couple.

Courts generally mandate that you complete financial disclosure forms that lists all your financial information in its entirety. Both parties are then required to exchange this information with each other along with relevant supporting documentation.

Although each state may vary in the extent of what financial information is required to be disclosed and exchanged, this step is necessary and essential in the divorce process for the courts to ensure that settlement agreements, including alimony and child support, are reasonable and fair.

10. What Are Assets?

Assets are items — tangible or intangible — that have an associated cash value. That means you can convert these holdings to cash by selling them, cashing out a policy or withdrawing money from the account. Some types of assets include:

  • Your real property, which includes land and buildings that are attached to it (such as land and a home or a commercial investment structure you own).

  • Your personal property, which is any item you own outside of real property (such as family heirlooms, appliances, furniture, artwork, jewelry, cars and trucks, RVs, boats and recreational vehicles).

  • Cash or assets that are equal to cash (such as savings or checking accounts).

  • Investments (such as life insurance, 401(k) or other retirement accounts, annuities, stocks and bonds).

You don't necessarily have to list every item you own when including assets in your online divorce paperwork. Personal clothing, for example, isn't likely going to be up for discussion, unless you have a contention point about an expensive fur coat or designer suit. Most couples striving for an amicable divorce tend to agree that assets such as personal apparel will just go to the person who uses it, but remember that it's your divorce, and you and your spouse can come to any agreement that works best for both of you.

11. What Are Debts?

Debt is a monetary obligation that you owe to someone else. Common types of debts you might be dealing with as an individual or couple include:

  • Mortgages for homes, investment properties or business properties.

  • Loans for automobiles, recreational vehicles or watercraft.

  • Revolving debt, such credit cards.

  • Student loan debt

During the course of your divorce online, you have to figure out what to do with any debt that you hold together. An online divorce doesn't automatically remove you, individually, from the debt obligation — even if you agree on your uncontested divorce online that one person will take over paying the debt. Because of this, it's important to understand your credit and debt situation before, during and after your divorce online and plan accordingly.

12. What Assets and Debts Are Shared Among Spouses?

Before you start assigning Debts and Assets, make sure you understand what items are owned individually and what might be considered community property. It’s Over Easy can help you navigate these decisions. Check out our resources on the matter, such as this blog on common-law versus community property states.

Our online divorce platform lets you quickly add assets and debts. You can invite your spouse to your divorce account to collaborate with you, which helps improve communication and speed up the online divorce process.

We get it, this can be exhausting and overwhelming since you are required to list everything, including student loans and monthly income and provide all financial documents from property deeds to bank statements. But it is a necessary step in your divorce process and the judge will not grant your final divorce decree unless you complete it!

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13. How to Ensure a Comprehensive List of Assets and Debts When You File for Online Divorce

When filing for uncontested amicable divorce online, creating a comprehensive list of your Assets and Debts can seem daunting. Not everyone has these things in order, and if you've been dealing with the emotional aspects navigating the dissolution of marriage, it is completely understandable that some issues may have been put on the back burner.

Here are some tips to ensure you list all the appropriate items:

  • Take your time, and work together. You might want to get things over with as fast as possible and move on with life, but taking a few weeks or a month to agree on things is all right and may help you both arrive at the alignment you need for an uncontested divorce online.
  • Take an audit of all your financial accounts, including banking, credit cards, credit unions, investments, etc. Create an Excel or Word list of all your accounts, assets and debts. Don’t forget the Macy’s card or the Best Buy card you both opened to finance a new appliance years ago: it’s often the little things that can have the most damaging effects, because they can slip through the cracks and cause surprise credit problems in the future.

  • Make note of your account numbers and the contact address and phone for each financial institution. You will need this when completing your divorce questions.

  • Make a list of assets and debts you acquired before you got married.  These can be excluded from the community property you are dividing with your spouse. If possible, you should find the original receipts or proof of purchase so that you can verify when the item was acquired.

  • Allow at least a month — more if you can — to gather all mail that comes to you. This gives you a great idea of what debts you might owe. Ask your spouse to do the same, and enter each item as it arrives in the mail.

Completing your divorce online is a new technological phenomenon that can make your life a whole lot easier. Some divorces call for an attorney. 

The average cost of a traditional divorce that goes to trial is around $19,000, and the average time to complete the process is around 17 months.

Check out the infographic below to and see how we help speed up the divorce process so that you don’t have to worry about lawyers, court dates, settlement conferences or hassle.

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Traditional-Attorney-VS-Online-Divorce

Frequently Asked Questions

What is the best online divorce service?

It's Over Easy is considered a premium online divorce service because of our step-by-step guided process, form accuracy, requirement for both spouses to agree on the marital settlement agreement and top-notch customer support. 

Does online divorce really work?

Yes! It's Over Easy has a 95% success rate in getting couples divorced through our online divorce service. This means that our customers fully complete the process, submit their forms in court and receive their final decree of divorce confirming the marriage is legally dissolved.

Are cheap online divorces legal?

Yes. Online divorce is a valid way to dissolve a marriage as long as state and county specific legal requirements are followed. The primary difference between online divorce and traditional divorce is that the process happens virtually through electronic communication, instead of having a family law attorney do it for you.  Rather than paying lawyers to negotiate, you and your spouse do it yourselves, saving time and money. 

How long does online divorce take on average?

Several factors impact how long the divorce process will take, including state laws, mandatory waiting periods, whether or not children are involved, the amount of shared assets and debts, and how many cases are concurrently pending at the local family law court. In general, divorces that do not include children or community property can be completed faster than those that do.

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