By Brian Figeroux. Esq.

Divorce is a significant legal process that involves the division of assets, child custody arrangements, and financial responsibilities. Many couples seeking a fast and inexpensive divorce turn to online divorce services or notaries instead of hiring attorneys or going through the traditional court system.

While online divorces and using a notary may seem like convenient and cost-effective options, they come with serious risks that can lead to legal complications, financial losses, and unfair settlements. This article analyzes the dangers of filing an online divorce or using a notary in a divorce matter in New York State (NYS) and why professional legal guidance is often necessary.

1. What Is an Online Divorce?

An online divorce is a service that allows spouses to complete divorce paperwork through an internet-based platform rather than going through a lawyer or filing documents in person.

How Online Divorce Works:

1. A website provides automated divorce forms based on the couple’s responses.
2. The couple completes the forms and files them in court.
3. If the divorce is uncontested, a judge may approve the settlement without court appearances.

While online divorce services claim to be fast, affordable, and simple, they pose significant risks if not handled properly.

2. The Risks of Filing an Online Divorce in NYS
3. Inaccurate or Incomplete Forms

One of the biggest dangers of online divorce services is the risk of incorrectly completed paperwork.

Potential Issues:

• Incorrect financial disclosures may lead to an unfair division of assets.
• Failure to include key legal provisions could create future disputes.
• If forms are incomplete or outdated, the court may reject the filing, delaying the divorce process.

Example: A spouse may unintentionally waive spousal support (alimony) or property rights by using generic online forms that do not reflect their specific circumstances.

1. No Legal Advice or Protection

Unlike hiring an attorney, online divorce services do not provide legal guidance.

Dangers of Proceeding Without Legal Advice:

• Spouses may agree to unfair settlement terms without knowing their rights.
• Online platforms do not catch hidden financial assets, leaving one spouse at a disadvantage.
• Child custody and support agreements may not be in the best interest of the children.

Example: A spouse may agree to child support payments that are too low without realizing they are entitled to more under New York’s child support guidelines.

1. Hidden Fees and Limited Support

Many online divorce websites advertise low-cost divorce services, but they often have hidden fees.

Common Hidden Costs:

• Filing fees ($335+ in New York) are often not included in the advertised price.
• Some services charge extra for court document submission or additional forms.
• If a couple later disputes the settlement, legal fees for corrections can be much higher than hiring a lawyer initially.

Example: A couple who initially paid $200 for an online divorce may later spend thousands in legal fees correcting mistakes.

1. Problems with Serving Divorce Papers

In New York, the plaintiff (filing spouse) must serve divorce papers to the defendant (other spouse) within 120 days.

Risks of Online Divorce Services:

• Some online companies fail to provide proper service instructions, leading to delays or case dismissals.
• If the defendant cannot be located, an attorney can request alternative service methods, but online services do not provide this assistance.

Example: A spouse who cannot find their partner may miss legal deadlines, forcing them to start the divorce process over.

3. Why Using a Notary in a Divorce Can Be Risky

Many people believe they can handle a divorce by notarizing agreements instead of seeking legal counsel.

1. A Notary Is Not a Lawyer

A notary public can verify signatures but cannot give legal advice.

Dangers of Relying on a Notary Instead of an Attorney:

• Notaries cannot explain divorce laws or ensure fair settlements.
• A notarized agreement does not guarantee court approval.
• If the agreement is poorly written, it may be unenforceable in court.

Example: A spouse may sign away their rights to pension benefits or inheritance rights because a notary did not explain legal consequences.

1. Fraud and Coercion Risks

A notary does not verify fairness—only that signatures are authentic.

Potential Issues:

• One spouse may force or manipulate the other into signing an unfair agreement.
• Courts can reject a notarized divorce agreement if it appears one spouse was coerced.
• A spouse may later challenge the agreement in court, leading to expensive legal battles.

Example: A spouse signs a low spousal support agreement before realizing it does not provide enough financial support, leading to future court disputes.

1. Notaries Cannot Modify or Enforce Agreements

If a divorce settlement needs changes (e.g., child support adjustments), a notary cannot modify the terms.

Why This Matters:

• Only a court can modify child support, alimony, and custody agreements.
• Using a notary instead of a lawyer may result in agreements that cannot be enforced in the future.

Example: If one spouse stops paying child support, a notarized agreement is not enough—a court order is required.

4. When Should You Avoid Online Divorce or Notary Services?

While some uncontested divorces may work with online services, the following situations require an attorney:

Complex Property Division – If you own a house, retirement accounts, or investments.
Child Custody Disputes – If you and your spouse disagree on custody or support.
Spousal Support Issues – If one spouse depends financially on the other.
Hidden Assets or Debts – If there are concerns about financial dishonesty.
Domestic Violence or Abuse – If one spouse is in a vulnerable position.

In these cases, using a lawyer is crucial to protect your rights and financial future.

5. What Are Safer Alternatives?
6. Mediation with Legal Review

• Divorce mediation allows couples to settle disputes with a neutral mediator.
• Before finalizing, a lawyer can review the agreement to ensure fairness.

1. Uncontested Divorce with an Attorney’s Help

• An attorney can handle paperwork and negotiations while keeping costs low.
• Ensures proper legal protection while avoiding costly mistakes.

1. Court-Approved Divorce Forms

• New York courts provide free divorce forms that can be completed without third-party fees.
• Couples can file without online divorce companies or hidden costs.

6. Conclusion: The Risks Outweigh the Benefits

While online divorce services and notaries seem like quick and inexpensive solutions, they come with serious risks:

Incorrect paperwork can delay or ruin the divorce process.
No legal advice means you could sign away your rights unknowingly.
Notaries cannot enforce or modify agreements in court.
Hidden fees and incomplete services may cost more in the long run.

Best Practice: If a divorce is truly uncontested, consulting a qualified attorney like the Matrimonial Law Firm of Figeroux & Associates or mediator ensures a fair, legal, and enforceable agreement. The upfront investment in legal guidance protects you from costly mistakes and unfair settlements in the future.

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