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In San Diego, many spouses in a legal separation or divorce look on line for information and/or forms for their divorce or legal separation. There are many websites which offer to fill out the forms or assist in filling out the forms or make other representations that they can have the divorce finalized in San Diego Superior Court. Online divorce is misleading because divorce can’t really be granted unless the paperwork is filed in San Diego Superior Court and a San Diego Superior Court Judge grants the divorce. Online divorce is a term loosely used by the numerous agencies which have sprung up offering services in helping someone complete the divorce paperwork so that it is in order, and complies with the requirements of the San Diego divorce Court. There have been cases in which the spouses in the divorce thought they were divorced but never received the divorce decree and were not divorced. This can turn into a nightmare scenario if there is re marriage or a spouse dies while still being married.
Different ScenariosOnline divorce sites can be useful in the case of an uncontested divorce where a couple is clear about how property is to be divided and how the children are to be cared for after divorce. When a couple decides to divorce and is in agreement on these two issues then the services of a divorce attorney would be much less expenses than if there is protracted litigation. When the forms are satisfactorily completed they still have to be filed in the local divorce Court. Sometimes both parties in a divorce might have to fill forms and might have to make an appearance in court to file statements or sign documents in the presence of a Court Clerk. The process in San Diego to obtain a judgment of divorce is complicated and there are checklists and mandatory requirements and it is not unheard of for the San Diego Court Clerk to send back a Notice of Rejection when the mandatory requirements are not met. Many websites have very useful information for both contested and non contested divorces in San Diego County including the San Diego Superior Court Official Court Website.
Self-Imposed RestrictionsDivorce laws are not uniform but differ between states. This is why it is crucial that, if you look on line for information, that the information you are receiving is true and correct for San Diego Superior Court. This limits online divorce sites to the geographic area where they can offer a service at a minimum however it is very important to see if the site is by a licensed California attorney who practices in San Diego Family Law Court or some other service. For this reason some sites restrict their service to certain states. An online divorce company might back its services with a money-back guarantee in case any documents are flawed, or they might offer to make the necessary corrections at no charge beyond the original fee or make any other guarantees. No one can guarantee the outcome of any case. Check with the San Diego Better Business Bureau and read reviews and obtain all information possible before paying any money or making any selection as to an attorney. If you are thinking in terms of using an online divorce service, take a close look for these guarantees to make sure you attain the service you are paying for but “let the buyer beware”!
No AssumptionsRemember this is still your divorce and things can still go wrong. You and your spouse may now be cordial and content with the situation but your marriage is still intact until this process is completely officially and legally. This online service may provide {or may not} the current and updated judicial council forms which are accepted in San Diego Superior Court but it is still your responsibility to complete all the paper work if you are not legally represented by a licensed attorney in California.
FeesIn San Diego, you still have to pay filing fees at the time you file your divorce application unless the Court approves a fee waiver. This fee is separate from the amount you pay the online divorce company or an attorney. The fee in fact is the same if you had hired a regular divorce attorney.
A Real Law FirmIf however there are issues of division of property, spousal support, child support or related issues to be resolved, the expertise of a regular divorce attorney cannot be dispensed with summarily in favor of all on line services. An experienced family law firm which offers comprehensive divorce related services in San Diego is Doppelt and Forney, APLC. You can discuss your divorce with them by scheduling a free in-person or virtual consultation.