Online divorce forms may not be 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 these forms should be used with caution, if at all.

One of the problems with online divorce forms is that most sites offer a 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.

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.

Ironically, a joint simplified dissolution procedure has been available in Illinois since January 1, 1994. The fill-in-the-blank forms are available at many courthouses. This is a viable, low-cost option for the truly simple cases that qualify for the use of the simplified procedure.

It is important that one understands the subtle differences between simply filling out the court 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.

For further information about law-related issues, contact an Illinois State Bar Association-member lawyer in your area or visit www.IllinoisLawyerFinder.com.

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