Many people in Utah each year use the court’s OCAP system online to file for divorce. This system works well for some but not for everyone. If your case is uncontested and there are no complex issues to sort out, the OCAP system might work for you. However there are a few things anyone considering filing for divorce online should remember before jumping in. Addressed below are a few quick tips and information you should consider before filing using OCAP. For specific information regarding the facts of your case, contact a St. George Divorce Lawyer at our office at your convenience.
- The first thing to consider when thinking about filing for divorce online is whether or not your case is completely uncontested or not. If there is anything the two of you have not agreed on, you should consider hiring a lawyer. This is especially true if the two of you have not agreed on any major issues such as custody, alimony, assets, etc. If you have the major points ironed out but not specific details, you either should not file or you should take the time to sort those details out before filing. It usually only leads to further conflict down the road when certain issues are left open at the time of divorce.
- Make sure you understand the terms of your decree and what the potential consequences could be. Everyone, regardless of whether they file for divorce online or not should at a minimum have an attorney review their divorce decree before it becomes an order they have to follow. Many clients come to us months or even years following a divorce they did online with questions only to realize they agreed to things they had no idea had such substantial consequences. It is much easier and usually cheaper to have an attorney involved upfront than it is to try and change things later. Just remember that this divorce order is something you are going to have a live by for a potentially long time. Something this serious deserves as much due diligence and help from a professional as possible.
- The OCAP system works well if you are looking to do standard things. It does not work well if you are trying to get complex terms or special circumstances addressed. If you have a lot of assets, debts, or real property, you should probably have a lawyer since your case may be at least somewhat different than the average case filed online.
Of course we are going to tell you to hire lawyer for your divorce no matter what the circumstances, after all we are divorce attorneys and enjoy representing people. But the reality is that everyone really should at least consult with an attorney before they take any major steps to filing for divorce online. Just speaking with an attorney could potentially save you years of headache. Since we offer free consultations, there really is no excuse not to have us review your facts.
