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Broward County Offers Online Divorce

Posted by Rachel Small on Tue, 11/20/2007 - 11:00am
The Ft. Lauderdale Sun Sentinel announced the arrival of electronic filing for divorce in Broward County, Florida. Following the lead of Palm Beach County, the clerk of courts heralded the fact that county residents can file for divorce "without leaving the house."

The self-service divorce system in South Florida allows internet access to official state forms which can be downloaded. This simplifies the paperwork and guides applicants through the process by asking pertinent questions and giving legal definitions to determine which forms they need to file.

Today, the majority of states allow some version of electronic filing for a no-fault divorce. While I applaud the efforts to make divorce more friendly and simple, I have some reservations about the process.

Since no-fault doesn't require proof of wrongdoing by either party, a no-fault divorce is possible if you and your spouse have reached an agreement on dividing marital assets. If there are children, you also have to agree on custody, support, and visitation rights.

This procedure allows a no-fault divorce even if your spouse does not consent. I would feel more comfortable if there was a way to enforce agreement and consent. Some states require both parties to sign the petition for divorce.

I would also be wary filing for divorce using internet forms since there are too many opportunities for error. You can't provide the explanations and the nuances in the answers like you can when an attorney files your paperwork. It may be necessary to go to court to enforce the property agreement for which you'd need an attorney anyway.

Internet divorce may not be appropriate for all divorcing couples. I strongly suggest that it is safer to consult with a family-law attorney so that you and your children can be properly protected. Technicalities need to be satisfied. Doing it alone may not be a smart move. Online divorce may be great for some parting couples, but not for all.

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