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Can you Divorce Online if you have Children?

Prospective customers with children regularly ask us if an online divorce is suitable for them. Many think that is necessary to apply for an order that will state whom the children will live with along with their application for a divorce, but this is simply not the case. Provided the parties are in agreement with regards to their arrangements for the children, then the court will not intervene. In fact, many people (usually the resident parent) ask us how they can make amicable arrangements legally binding so as to provide their former spouse with added security when, as there is no dispute, the courts are unable to make an order. When a couple with children file for a divorce, a document known as a Statement of Arrangements for Children (or a D8a) will need to be submitted to court along with a Divorce Petition. This document contains all of the information that the courts will need as far as the children are concerned such as where they live, who they live with, how often they see their non-resident parent, how much maintenance the non-resident parent pays the resident parent etc. The judge that reviews the application will review this document and if they are happy with these arrangements (it is extremely rare that they do not) then the divorce will be allowed to proceed. So, in short, there is no need to obtain a residence order when filing for a divorce and an online divorce is a suitable solution for couples who have children.

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