Online divorce forms are not the best choice
Several for-profit Web sites now offer fill-in-the-blank divorce court forms for so-called "simple" divorces. These sites claim to provide the necessary paperwork for people to represent themselves "pro se" when getting a "simple" divorce.
They suggest using the forms as a way to circumvent using a qualified divorce attorney. However, the claims that they make are often misleading, and forms unaccompanied by advice are an invitation to disaster.
One of the problems with online divorce forms is the one-size-fits-all approach to divorces. Although some forms have options for different situations, overall, they tend to be generic and provide no individual attention or deal with the emotional and family problems involved in divorce. This is particularly troublesome when there are children and custody issues involved. Even "simple" situations may involve tax or other issues which, if not properly addressed, will cost more than any so called saving.
As any experienced divorce lawyer can tell you, divorces are like fingerprints because no two are alike, even though they have common issues. Further, online services do not provide any protection to parties who are being overreached by the opposite party. Overreaching and unfair domination occurs with regularity. Online anonymity facilitates such overreaching in those cases where a dominant party wants out cheap or wants an unfair share of the marital assets and exerts excessive control over the other party to get them.
The forms also tend not to take into account local variations that individual counties have with regard to their support forms and case procedures so the court then has to deal with the problems of non-compliance.
It is important that one understands the subtle differences between simply filling out forms from obtaining proper legal advice with individual attention to the parties' situation. The individual advice given by an attorney can prevent or minimize possible future problems as the children's or parents' needs change, and as visitation and support needs to be adjusted from time to time.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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