Residency requirements

One of the most critical legal conditions for filing for divorce in any state is meeting residency requirements. These rules vary slightly from state to state, but in general, at least one spouse must have lived in the state for a set period—usually six months—before filing. If you have recently moved and haven’t established legal residency yet, or if you and your spouse both live in different states where residency cannot be proven, online divorce may not be an option at this time. We check this in our prequalification process to ensure you don’t begin a case you can’t file.

When you can’t locate your spouse

In order for us to support your divorce, both parties must participate willingly and knowingly in the process. If you do not know where your spouse is, have no way to contact them, or haven’t spoken in years, things become more complicated. Some courts allow a process called “divorce by publication,” but this is not something we can help with online. Our service is best suited for situations where both spouses can be reached and are willing to engage in the process. When that’s not possible, the court requires additional steps and legal procedures that usually require the assistance of an attorney.

Disagreements & Contested divorce

Our service is tailored to uncontested divorces only. This means that both parties must agree on the major aspects of the separation—including how to divide property, handle debts, and make decisions about children (if applicable). If you and your spouse are not on the same page, or if one person is unwilling to compromise or negotiate, the case is considered contested. Contested divorces typically involve court hearings, legal representation, and extended timelines—none of which can be effectively handled through an online platform like ours.

Special situations: Military service or Living abroad

Military deployment or living overseas doesn’t automatically disqualify you, but it can introduce complications. For example, verifying residency, signing documents, or attending online notarization appointments may be more challenging. In most cases, we can still support military clients and spouses abroad, but extra time, flexibility, and planning may be required. These cases are assessed individually to determine feasibility.

Emergency or High-Conflict situations

If your case involves domestic violence, urgent custody matters, protective orders, or any emergency legal requests, online divorce is not the right fit. These situations require immediate court involvement, and possibly legal representation, to ensure safety and justice. Our platform is designed to assist in routine, uncontested divorce cases — not those involving urgent or high-risk circumstances. If you are facing any of these, we strongly recommend reaching out to local legal aid or a licensed family law attorney.

Summary: Who may not be eligible

We’ll let you know upfront

To help prevent wasted time or money, we use a quick prequalification questionnaire at the very beginning of your journey with us. This form asks just a few simple questions and instantly lets you know if you qualify for our service based on your location, agreement with your spouse, and other relevant criteria. If we discover that your situation doesn't meet the requirements, we’ll let you know immediately—before you pay anything—so you can explore other legal options without delay or confusion.

Even if you’re uncertain about your situation, we recommend starting the questionnaire. It’s free, it takes just a couple of minutes, and it gives you clarity about whether online divorce is right for you.