How to Get a Divorce Online
Online divorce promises a quick and uncomplicated procedure. You can find out here what is really behind it.
What’s behind it?
Divorce online is not, as many think, a court-approved procedure that allows divorces to be carried out online. We are not yet there in 2020.
Basically, online divorce only describes the perception of today’s digital possibilities. In contrast to personal contact in a law firm, the advice and settlement of the divorce takes place via contact forms, e-mails (online) or even by telephone.
Online divorce procedure
In the case of a divorce by mutual consent, it is sufficient if one partner takes a divorce lawyer and the latter files for divorce with the family court. This divorce lawyer can be contacted by e-mail or contact form via the Internet in the case of an online divorce.
However, if there are any disputes about issues such as equalisation of gains, alimony, household effects and the like, an agreement on the consequences of divorce should be made. In this way, the divorce can take place in an uncomplicated and separate manner from the open issues.
A divorce, however, never takes place exclusively online. The parties must appear in person at the court hearing. Only in a few exceptional cases (e.g. residence abroad) can the court waive the obligation to attend.
Advantages
- Save time with the preparation of the divorce (get the divorce petition online)
- Keeping the costs of divorce low
- Uncomplicated procedure (online)
- Treats the emotional and private topic of divorce relatively anonymously.
- With some providers, however, you can always contact your lawyer by phone or e-mail.
Disadvantages
- Little or no personal contact with the divorce lawyer (mostly online).
- In complicated divorce proceedings with points of contention not effective.
Saving money with online divorce?
On the pages of the online providers, you quickly get the impression that you can save a lot of money with an online divorce. But in reality the costs for the lawyer’s activities in a divorce are linked to the Lawyers’ Fees Act (RVG).
Every lawyer must therefore adhere to the fee rates. It is at least not allowed to be below these. Lawyers may charge higher fees for travel or, for example, daily allowances. In the end, the fees for a lawyer are therefore relatively similar everywhere.
Provided that the costs of an online divorce are based on the minimum rates, at least the statement that an online divorce is one of the cheapest options for a divorce is correct. It is important to make sure that there are no hidden costs and that the costs are openly communicated from the beginning.
In addition, an online divorce saves you potential costs for travel to lawyer appointments and often includes a free initial consultation.
If you have a low income and are unsure whether you can pay for the divorce, it often makes sense to apply for legal aid. Then the state will pay the costs of the divorce for you. Applying for legal aid is a very complex process, which involves filling out a form of several pages and submitting lots of supporting documents. There are a few providers who will help you to apply for legal aid free of charge, as the application can be filled out quickly and easily online.
Family Law Specialist Frank Riedel: “The form for legal aid is very long and often not understood. Which proofs are necessary is also difficult to understand. This can lead to the application being rejected and the costs not being covered. We have therefore developed an assistant which makes it possible to fill in the form online. The assistant recognizes on the basis of the information provided which proofs are necessary. This proof can then be easily photographed and uploaded using a mobile phone.
Online divorce: For whom is this form of divorce suitable?
- The so-called online divorce makes sense primarily in the case of a divorce by mutual consent. The spouses agree that only a lawyer is needed. Here, an online divorce is a quick and efficient way to choose. In addition, this form is suitable for people who are very busy at work or otherwise have little time. The divorce petition is prepared in an uncomplicated way using the information you provide online.
- However, if one of the spouses is not interested in the divorce at all (no amicable divorce) or disputes consequential matters, it is advisable for both parties to find a lawyer and to talk to him or her intensively and personally.
- Even if one spouse hardly speaks German or the economic circumstances of the spouses show a large discrepancy, it may be advisable to find your own lawyer in order not to be disadvantaged in the divorce proceedings.
- Especially if you have a low income, it is advisable to choose a provider who offers online application for legal aid and thus provides you with the best possible support at a reasonable price.
How do I find the right online lawyer?
Even if you reduce the contact with your lawyer to a minimum in case of a divorce online, the choice of a well advised law firm should not be underestimated. After all, it can happen at any time that circumstances change or further questions arise on your part.
The following points should therefore be taken into account in the selection process:
- Is there a possibility for a short, free telephone call with the lawyer before placing the order?
- Will you receive a prompt answer to your inquiry?
- Is the appearance in telephone or electronic contact informative, professional and pleasant?
- Is it a lawyer specialising in family law?