How to Get a Divorce Online: A Step-by-Step Guide

Can I file for divorce online?

Some states allow you to file for divorce online. However, requirements vary by each state and even by county, so check your court's website to confirm e-filing is available in your jurisdiction.

You should also consider:

• County-level differences. You may be able to e-file in some counties but not others within the same state.
• When in doubt, call the clerk's office in your county to confirm online filing options.
• Even if you hire an attorney, they may be required to file electronically in your state.

Using online companies in uncontested divorces

If you're filing an uncontested divorce, third-party sites that specialize in online divorces can help. Your divorce is uncontested if you and your spouse have settled all major issues, such as:

• Custody and visitation
• Child support
• Spousal support
• Division of property
• Division of debt

In comparison, contested divorces are more complex and can even require a trial. While you may want to get divorced quickly, rushing through unresolved issues isn't wise—you'll have to live with your agreement, and changes are difficult later. As a result, it's highly recommended to hire an attorney for contested divorces. 

Online document companies prepare your forms but don't act as your attorney. You may also be able to prepare forms on your state’s court site and submit them electronically. In either case, you may want to have an attorney review your documents, especially if your case involves significant assets.

How to get a divorce online

Here's an overview of how to get a divorce online.

Step 1: Choose your method

Decide between an online document company or your state's court site. A court website allows you to prepare forms on your computer, but you have to do it yourself. Save your files as a PDF file and make several copies of all documents.

Step 2: Agree to terms with your spouse

Make sure your divorce is uncontested and that you and your spouse have agreed to the terms of your divorce. Ensure that custody, child support, visitation, spousal support, division of assets, and division of debt have been settled.

Step 3: Prepare your divorce papers

Include all of the details of your divorce in your divorce papers. Make sure your vital information is included, such as names, addresses, social security numbers, the date and location of your marriage, the names and birthdates of your children, and what property you are dividing. Include the grounds for divorce, such as whether it is a no-fault divorce.

Step 4: Complete divorce petition forms

Fill out all required forms. You can usually find the forms you need on your court's website, but court sites are tricky. Different forms can be required within states, so make sure you prepare all of the forms you need for an uncontested divorce in your county.

Step 5: File the forms and pay a fee

Check your state's court site or ask your county clerk how to file your divorce paperwork. Pay any fees required by your county and state. These fees are in addition to fees for document preparation. File the papers online, or take them to your county clerk at the courthouse if you can't file them online.

Step 6: Serve divorce papers

Have your spouse served with the divorce papers, if required. This usually means service by someone more than 18 years old or by using a professional process server. You cannot usually serve the papers yourself. If you're not sure how to serve papers, use a process server.

Step 7: Finalize the divorce agreement

Prepare a divorce agreement that you and your spouse can live with. You may want to use an attorney for this part of the divorce so your agreement can be prepared correctly. This way, there is less of a chance you'll have to make court motions years from now unless there are major changes, such as wanting to move out of state with the children.

Make sure all necessary supplemental forms are added to your original papers, or ask your attorney to complete the papers.