Online divorce

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Online divorce or Internet-discrimination is a term for a divorce in which the correspondence between the applicant (client) and its legal counsel (lawyer) online is done (using the online form or e-mail ). This means that personal visits to a lawyer are largely unnecessary. However, the divorce proceedings at the family court , which ends when the divorce is pronounced, does not take place online.

Internet offers for online divorce have existed since the beginning of 2000. Until December 31, 1999, the so-called locality principle was in effect, which only allowed lawyers to conduct divorces in their own judicial district. This made nationwide online divorces only possible from January 1, 2000.

The first nationwide online divorce service was installed in early 2000 by the Düsseldorf lawyer Roland Sperling. Up until the middle of the decade there was a great deal of controversy among lawyers, bar associations and courts as to whether such online legal services were permissible or whether they violated the lawyers' ban on advertising in individual cases. After the supreme court clarification of this issue, the number of providers of online divorces increased sharply.

In fact, online divorce in the sense of a fully online process does not legally exist. Rather, it is essentially about the use of modern telecommunications technologies (Internet, e-mail), which have now become largely a matter of course in general and in the legal profession in particular (e.g. e-mail, fax, etc.). In particular, divorce requires the spouses to appear in court. According to the law, court hearings via video conference are possible, but in fact these usually fail due to the lack of technical equipment in the courts. Only the communication between client and lawyer is therefore online.

In the opinion of some lawyers, the use of the term online divorce for advertising purposes is questionable in terms of competition law, especially if additional terms such as “fast” or “cheap” are used for advertising. This could give the inaccurate impression that courts divorce online what they don't. Clients run the risk of foregoing personal advice. As a result, the advertising without clarifying explanations constitutes a violation of § 3 UWG.

procedure

An online divorce begins by filling out a form on the website of a lawyer who offers this option. All necessary documents, signatures, certificates ( marriage certificate ), etc. will then be exchanged by email, post or fax. Any questions that may arise are preferably answered by email or by telephone with the lawyer. Divorce plans (and especially the lawyer) often save time and money. At the end of the divorce proceedings - as in the conventional way - there is the divorce date at the family court. Here the divorce is negotiated in the presence of both spouses and the decision is made by the court.

applicability

An online divorce can be particularly useful if the spouses agree on the divorce and the pension equalization (the division of the mutually acquired pension entitlements, which is regulated by the court as part of the so-called divorce association). The processing is then usually uncomplicated and quick. Important information can also be transmitted online in advance, such as B. the expected divorce costs, which are usually based on the income of those involved. The involvement of just a lawyer (which is at least required on the part of the applicant) is generally sufficient. However, the respondent usually requires his own lawyer if the respondent rejects the divorce or wants to submit his own applications for pension adjustment.

Cost advantage?

Whether an online divorce can be cheaper than a traditional divorce is debatable. The OLG Hamm has decided that the statement "Divorce online - saves time, nerves and money" on the website of a lawyer can be correct. The online consultation is based on fixed prices per consultation hour. The processing of the divorce takes place between the client and the lawyer by correspondence and telephone. This model is particularly suitable for divorces that can be expected to reach a swift and uncomplicated settlement and that require few queries. In the case of complicated and lengthy divorces, going to the lawyer is still the better choice. Although travel expenses to the lawyer must be included, the fee is regulated by law and depends on the value in dispute of the divorce. So it doesn't get cheaper to contact the lawyer by email. The potential cost saving lies solely in the savings in travel costs if, instead of a personal conversation between lawyer and client, remote data transmission technologies (e.g. e-mail) are used. The advantage of the so-called “online divorce” is therefore exhausted in this respect as well in the essential characteristics of modern telecommunication technologies. The possibility of applying for legal aid remains unaffected by the potential cost advantage of using modern means of communication.

There is no cost advantage because the fees for both legal representation and court fees are set by law. Fixed prices are not permitted, at least not as long as they are below the statutory fees.

Individual evidence

  1. ^ Website of Scheendung-Online.de
  2. ↑ a b Christoph Schäfer: Online divorce? - It doesn't even exist (=  Berliner Anwaltsblatt; issue 3/2019 ). Berliner Anwaltsverein eV, S. 82 .
  3. ^ Stiftung Warentest on divorce costs test.de, November 14, 2006
  4. ↑ OLG Hamm www.justiz.nrw.de
  5. ^ Stiftung Warentest on divorce costs test.de, November 14, 2006
  6. ^ Stiftung Warentest: Internet divorce - rarely cheaper - message - Stiftung Warentest. Retrieved March 8, 2017 .