Last Updated on December 6, 2024
Starting an electronic divorce, you can complete all the forms required and submit them to the court online without leaving your home, greatly saving time. If you decide to file for divorce in NY online, it may appear the most convenient and fast option to end your marriage.
In this article, we will answer the question, “In which states can you file for divorce online if you are not represented by a lawyer?”. We will also clarify, “Can you sign divorce papers electronically?” and provide a step-by-step guide for submitting divorce forms online.
E-Filing Systems by State
Applying for a divorce online is an option for spouses looking for a way to start and go through the marriage dissolution process without the necessity of submitting papers to the clerk’s office in person. Nowadays, many couples can upload and file their documents online through convenient e-filing systems.
Currently, e-filing is available in many states. While most of them accept filings for all case types, others permit e-filing only for specific cases. Often, the requirements differ from county to county. In some districts, filing online is mandatory; in others, spouses can decide whether to submit the documents online or offline. The e-filing software used throughout the country also varies. The most popular systems are Odyssey by Tyler Technologies and E-flex by Tybera.
Some states, such as Kentucky, New Mexico, Utah, Wyoming, and Kansas, recognize e-filing for attorneys only. Electronic submission of papers for self-representatives is possible in many other states, including:
- Texas
- California
- Nevada
- Illinois
- Iowa
- New York, etc.
However, it is better to visit the exact state or county court website to see if you can e-file your case.
Is the New York divorce online legit? Yes, you may file for dissolution of marriage through the NYSCEF e-filing system. However, as it may be unavailable in some districts or cases, you should check in advance if you can e-file for divorce in your county on the New York State Unified Court System website.
The Advantages of E-Filing
Filing divorce papers online is usually less time-consuming and more convenient than the traditional submission of documents to the clerk’s office. The ability to avoid preparing a large amount of paperwork, the high security of personal data, and the elimination of the need to contact the court clerks directly are among the main benefits of e-filing. Let’s discuss them in more detail.
Less Paper
Before submitting papers to the clerk’s office, you must prepare originals and several copies of documents. If minor children are involved in the case, you will need more forms to fill out and more copies to make, increasing your expenses.
On the other hand, if you file divorce paperwork online, you may not print the forms at all but fill out and sign them electronically. The only exception may be the need for notarization. If your papers should be notarized, you must print one copy for the notary public to sign. Reducing the amount of paper used helps you avoid extra costs and confusion related to extensive paperwork, frees up space in court buildings, and improves the overall environmental situation.
24/7 Case Access
E-filing means you don’t have to adjust to the court clerk’s schedule. You can prepare the papers and file them on any day and time that works best for you. You may not worry about losing a lot of time or having no one to leave your child with while you have to go to court to submit the paperwork offline. You can get copies of the documents when it becomes necessary. You don’t need to send a request to the clerk to receive them and pay an additional fee for it. All forms you have uploaded to your personal account are available round-the-clock.
Avoiding Problems with the Court Clerk’s Office
Filing electronically, you do not need to communicate with the court clerk face-to-face. From the convenience of your home, you can monitor if your forms have been accepted after sending them via the electronic filing system. If there are any issues, you will likely get a notification from the county clerk with the information on your mistakes and will know the exact changes required. Using the e-filing system is a way to start the legal process with less stress and effort.
Three Steps of Divorce E-Filing
Spouses planning to e-file their papers in New York are usually concerned about how to file for divorce online and what steps they need to take to begin the procedure. To file for marriage dissolution electronically, you should create an account, prepare the documents, and send them to the court.
Creating an E-filing Account
Before you can upload the necessary paperwork, you should create an account in the NYSCEF system. To register, you must provide your personal data, address, and email address. After you enter the information, you will receive an electronic letter with a password and username to activate your account. You will have to change the password, sign in, and start using the system. Usually, the registration process is quick and clear.
Completing the Divorce Papers for Filing
Most often, to e-file, you will need the same documents for divorce as for the traditional process. You can complete each online divorce form yourself by downloading it from the official website. Alternatively, you can use an online document preparation service that will provide you with a ready set of paperwork required for your uncontested case.
Usually, everyone who files for divorce online should prepare the documents in PDF format. You can scan them or fill them in online and then convert them into the needed format. Finally, you will have to sign them electronically and have them notarized, if required.
Filing the Divorce Papers
After your paperwork is ready, you can file for divorce online. Log in to your account and go to the electronic submission section. Then, you will have to upload the documents. Before you finalize filing for divorce online, you should pay the filing fee. In New York, it consists of the payment for an index number and a court fee and is $335. You will be notified whether your papers have been approved and will be able to proceed to the next steps of the process. Electronic filing is an option to file a lawsuit for divorce quickly and safely. If it is implemented in your county, you can use it to avoid preparing a lot of paper documents and submitting them to the clerk’s office personally.
