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How does DivorceWriter work?
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First, complete the basic pre-purchase portion of the online interview. Then, set up your DivorceWriter account and enter your payment information. Complete the remainder of the online interview, which asks for additional information regarding your property, debts, children (if any), etc., and click on "submit."
Our automated system will transfer the information to forms specific to the state where the divorce will be filed. Your completed self-prepared DivorceWriter package is then printed and shipped to you via priority mail along with written procedures for signing and filing with the Clerk.
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How much does DivorceWriter cost?
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The DivorceWriter fee is just $149.
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How do I make changes to my documents after receiving my self-prepared California DivorceWriter package?
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If you want to make changes to any of your documents after receiving them in the mail, you have two options: - Log into your account at https://www.divorcewriter.com/Home_Login.asp and make changes to your online interview responses. Then, contact customer service at 800-928-7713 or info@divorcewriter.com to obtain copies of your updated documents at no extra charge. At that time, you can choose to either have them e-mailed to you or shipped via priority mail; or
- Log into your account and email your documents to yourself using the e-mail button on the review page. Customize as needed and print.
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Why is DivorceWriter the best?
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| Simple and fast | DivorceWriter’s™ sophisticated easy to use web site allows you to create divorce documents quickly and easily. | | Exceptional value | At $149 you’ll save substantially over other online offerings which charge up to twice as much. | | It’s private and secure | DivorceWriter.com is audited and tested daily by HackerSafe™, a leading online security company. | | Integrity | Pro Se Planning, Inc. has an "A" rating with the Better Business Bureau. Our record is exemplary. | | Customer service | Exceptional customer service by phone or e-mail. |
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How long will it take to receive my documents?
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After completing the easy online interview and clicking the "submit" button, your DivorceWriter document package will be shipped to you the next business day via Priority Mail. Depending on your location, Priority Mail may take 3 to 4 business days for delivery.
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Will DivorceWriter work in my state?
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Each state has its own divorce forms, which tend to vary a lot in appearance and content. DivorceWriter forms are state-specific and designed for acceptance only in the state of filing selected by the customer.
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What is included in my DivorceWriter package?
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Each package contains the completed forms needed to get a divorce in your state, including step-by-step state-specific filing instructions.
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What do I do after I receive my documents?
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Simply follow the step-by-step filing procedures included with your DivorceWriter documents, which include how and when to sign and file all documents as well as important practical procedural information to help you have a smooth, stress-free filing process.
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How does DivorceWriter work?
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- Complete the pre-buy portion of the online interview.
- After purchase you will have a chance to review your answers and provide any other details such as decisions regarding property and/or any minor children. When you are satisfied, submit your interview for printing.
- DivorceWriter will print and mail you your documents and filing instructions. You will be able to login and access your account at any time for up to a year to make any changes if needed.
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How much does DivorceWriter cost?
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The DivorceWriter fee is just $149.
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What if my spouse and I don't live in the state shown on this page?
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If you and your spouse live in a different state than the one that is shown on this page, click the "State of Residence" box to the left to see whether DivorceWriter supports the state where you live.
If you and/or your spouse recently left the state shown on this page OR only one of you lives in this state, click the "Continue" button to the left to review the residency requirements for this state.
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Will my documents be completed or will I have to fill them out myself when I receive them?
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For the most part, your DivorceWriter documents arrive completed with the information that you provide in the interview, ready to sign and file with your local court. There are some things you will need to write in by hand such as the date that you complete a filing step. Also, some states require that each party fill out a personal financial affidavit/disclosure. If required, these forms will be provided, one for each spouse to complete separately.
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How long will it take to receive my documents?
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Complete the easy online interview and click on "submit." DivorceWriter document packages are shipped the following business day by Priority Mail, typically 3-4 business days.
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Are court filing fees included in the fee?
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The DivorceWriter price does NOT include the filing fee charged by the court clerk when you file for divorce. To obtain the exact filing fee for your county, contact your court clerk.
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How much does DivorceWriter cost?
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For only $149, you will receive all of the documents needed to get a divorce in your state. Step-by-step filing instructions for your state are also included at no additional charge.
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Are DivorceWriter documents legal?
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DivorceWriter's goal is to provide self-help divorce documents. However, DivorceWriter is not a law firm and only lawyers are allowed to issue an opinion regarding the legality of a document and its applicability to your specific circumstances. If you have any doubts as to the applicability of your DivorceWriter purchase to your situation, you may wish to seek the advice of a lawyer licensed to practice law in your jurisdiction.
DivorceWriter offers a full refund if your documents are not accepted by the Court.
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Are LegacyWriter documents legal?
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LegacyWriter's goal is to provide self-help forms for many estate planning needs. However, LegacyWriter is not a law firm and only lawyers are allowed to issue an opinion regarding the legality of a document and its applicability to your specific circumstances. If you have any doubts about the applicability of your LegacyWriter purchase to your situation, you may wish to seek the advice of a lawyer licensed to practice law in your jurisdiction. If you are not 100% satisfied with your purchase, we will gladly refund the purchase price.
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Will LegacyWriter documents work in my state and/or in my situation?
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LegacyWriter's goal is to provide self-help forms for many estate planning needs. However, LegacyWriter is not a law firm and only lawyers are allowed to issue an opinion regarding the legality of a document and its applicability to your specific circumstances. If you have any doubts about the applicability of your LegacyWriter purchase to your situation, you may wish to seek the advice of a lawyer licensed to practice law in your jurisdiction. If you are not 100% satisfied with your purchase, we will gladly refund the purchase price.
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Will DivorceWriter documents work in my state and/or in my situation?
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DivorceWriter's goal is to provide self-help divorce documents. However, DivorceWriter is not a law firm and only lawyers are allowed to issue an opinion regarding the legality of a document and its applicability to your specific circumstances. If you have any doubts as to the applicability of your DivorceWriter purchase to your situation, you may wish to seek the advice of a lawyer licensed to practice law in your jurisdiction. DivorceWriter offers a full refund if your documents are not accepted by the Court.
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How do I change my password?
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To change your password you must first log back into your account using the login section in the upper right hand corner of this page. Then on the Review page of your online interview, select the "EDIT" tab next to "Account Email." From here you can update your password.
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How do I make changes to my existing DivorceWriter account?
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If you already have a DivorceWriter account and need to make changes to your online interview responses, you may log in to your account here: www.divorcewriter.com/Home_Login.asp
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What will be listed as the return-address on my DivorceWriter document package?
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To ensure privacy, our mailing envelopes DO NOT list DivorceWriter as the return-addressee. Pro Se Planning, Inc., the name of our parent company, is listed instead.
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Can I make changes to my documents after I receive them?
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Yes. We realize that your circumstances may change after you receive your DivorceWriter package. DivorceWriter offers easy options for making changes and obtaining new documents at NO ADDITIONAL CHARGE. Simply contact our Customer Service by telephone or e-mail.
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Do I have to have my signature notarized on any documents?
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The state-specific filing instructions you will receive with your DivorceWriter package indicate when and where to sign documents and which documents, if any, require notarization. If notarization is ever required, a separate notary block is provided for each spouse, so that it is not necessary for notarization to occur at the same time or place.
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What is the online interview?
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In as little as 10-15 minutes, the online interview allows you to enter the information needed to complete your divorce forms, all in the privacy of your own home. After completing the online interview, simply transfer your information to our automated system for printing and shipping with just one click.
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I want to use DivorceWriter to prepare my own divorce documents. What do I do next?
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To get started, click on "Start the Process" above. You will be taken to our online interview where, in as little as 10-15 minutes, you can enter the information needed to complete your divorce forms. After completing the online interview, simply transfer your information to our automated system for printing and shipping with just one click.
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Can my spouse and I get a divorce if we are still living together?
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Yes. You can divorce while still living in the same residence with your spouse.
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What documents will I receive?
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Each DivorceWriter package includes all of the documents needed to obtain a divorce in your state, ready to sign and file. You will also receive easy to understand, step-by-step instructions for filing for divorce in your state.
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What happens after I receive my DivorceWriter documents?
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Just follow the step-by-step instructions included with your DivorceWriter package, which provide detailed information on signing your documents as well as important practical tips to help you have a smooth, stress-free filing process.
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Why is DivorceWriter the best?
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For just $149, DivorceWriter offers a quick and easy way to create your own divorce documents, ready-to-sign and file in your state. While other online offerings cost up to twice as much, our 100% money-back guarantee, HackerSafe™ monitoring, and "A" rating with the Better Business Bureau make DivorceWriter a safe choice and a great value.
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Can I use DivorceWriter in my state?
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DivorceWriter offers documents for the following states: Arizona, California, Colorado, Florida, Georgia, Illinois, Indiana, Kentucky, Massachusetts, Michigan, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Virginia, Washington. Your documents will be accepted for filing or your money back--100% guarantee.
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I finished the online interview. How long will it take to receive my documents?
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DivorceWriter promptly ships your document package to you via Priority Mail the next business day.
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Do any documents require notarization?
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The filing instructions included with your DivorceWriter package will provide additional information if any documents require notarization.
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What if I don't know if I have property to list?
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If you need to add or remove property after receiving your documents, you have two options: - Log into your account at https://www.divorcewriter.com/Home_Login.asp and make changes to your online interview responses. Then, contact customer service at 800-928-7713 or info@divorcewriter.com to obtain copies of your updated documents at no extra charge. At that time, you can choose to either have them e-mailed to you or shipped via priority mail; or
- Log into your account and email your documents to yourself using the email button on the review page. Customize as needed and print.
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What if I don't know if I have debts to list?
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If you need to add or remove debts after receiving your documents, you have two options: - Log into your account at https://www.divorcewriter.com/Home_Login.asp and make changes to your online interview responses. Then, contact customer service at 800-928-7713 or info@divorcewriter.com to obtain copies of your updated documents at no extra charge. At that time, you can choose to either have them e-mailed to you or shipped via priority mail; or
- Log into your account and email your documents to yourself using the email button on the review page. Customize as needed and print.
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What if I need additional documents that were not included in my DivorceWriter package?
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Contact customer service at 1-800-928-7713 or info@divorcewriter.com with the details about the document(s) you need. We have many supplemental documents available that can be emailed to you for immediate printing.
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Does DivorceWriter provide documents for annulments?
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No. DivorceWriter does not currently provide documents for annulments.
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I finished the online interview. How long will it take to receive my documents?
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DivorceWriter promptly ships your document package to you via Priority Mail the next business day. Priority Mail typically takes 3-4 business days.
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What happens after I receive my DivorceWriter package?
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Along with your self-prepared DivorceWriter package, you will receive written procedures for signing documents and filing with the Clerk. The written procedures are state-specific and include the address and telephone number of the Superior Court Clerk for the county of filing selected by the customer.
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What are the basic steps to getting a divorce in California?
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1) File the Petition for Dissolution of Marriage with the Superior Court Clerk and pay the filing fee of approximately $350.00.
2) Select a friend or relative to serve your spouse by mail with copies of the divorce papers you filed.
3) Complete and exchange Financial Disclosure forms with your spouse.
4) File the Marital Settlement Agreement and related documents with the Clerk after they have been signed by you and your spouse.
5) Receive the Judgment dissolving your marriage signed by the Judge once six months has passed from the date the Petition for Dissolution of Marriage was first filed.
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How much is the filing fee?
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County divorce filing fees are NOT included with your DivorceWriter purchase. The fee for filing for divorce in California is typically $350.
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What documents are included in the self-prepared DivorceWriter package?
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Your self-prepared California DivorceWriter package will include:- Detailed filing procedures for California
- Petition Documents (Petition FL-100, UCCJEA FL-105, Summons FL-110)
- Proof of Service of Summons (FL-115, FL-117, FL-120)
- Preliminary Disclosure Forms (FL-140, FL-142, FL-150, FL-141)
- Final Disclosure Forms (FL-140, FL-142, FL-150, FL-141)
- Appearance, Stipulations, and Waivers Form (FL-130)
- Marital Settlement Agreement
- Request to Enter Default (FL-165) *optional form if entering default
- Final Judgment (FL-170, FL-180, FL-190)
- Customers with minor and/or legally dependent children will also receive: Child Support (FL-191, FL-192, FL-195)
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What are the residency requirements for filing in California?
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California requires at least one of the spouses to have been a resident of California for at least six months and a resident of the county of filing for at least three months immediately before the filing of a Petition for Dissolution of Marriage. The spouse who files the Petition for Dissolution of Marriage and related documents is the Petitioner. The other spouse automatically becomes the Respondent.
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What are the signature requirements for the documents I will receive?
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The state-specific filing procedures included in the DivorceWriter package indicate which documents need to be signed and which documents, if any, require notarization. Some documents will require the signatures of both spouses. When notarization is required, a separate notary block is provided for each spouse, so that it is not necessary for notarization to occur at the same time or place.
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How long does it usually take to finalize a divorce?
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The Judge cannot sign the Judgment of Dissolution of Marriage, which is the document that finalizes the divorce, until six months have passed from the date of service of a copy of Summons and Petition for Dissolution of Marriage or the date of appearance of the respondent, whichever occurs first. Thus, assuming all of the necessary documents have been filed and are not objected to by your spouse or the Judge, a divorce can be finalized in as little as six months and one day.
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Where do I file the divorce documents?
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Divorces are filed at the Superior Court Clerk's office in the county of filing.
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How do I serve my spouse with the divorce papers?
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1. The California DivorceWriter packet contains a Summons, which the filing spouse takes to the Clerk along with the Petition for Dissolution of Marriage and certain other documents.
2. Once the Summons has been file-stamped by the Clerk, the filing spouse selects a Server, which is a friend or relative, who then mails two copies of the Petition and several other documents to the non-fiing spouse.
3. Once the mailing has been done, the Server completes a form verifying that the documents were mailed and then gives the form to the filing spouse to file with the Clerk.
4. When the non-filing spouse receives the documents in the mail, he or she signs and dates a form, and returns it to the filing spouse to be filed with the Clerk.
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Will either of us be required to attend a court hearing?
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In an uncontested California divorce, you typically will not need a court hearing. After filing the Petition for Dissolution of Marriage and related documents at the court house, you may even be able to file the rest of the divorce paperwork by mail. The Superior Court Clerk in the county of filing will be able to advise you further.
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What are the grounds for filing for divorce?
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California allows a person to file a Petition for Dissolution of Marriage on the grounds of (1) irreconcilable differences or (2) incurable insanity. http://www.leginfo.ca.gov. The DivorceWriter online interview accommodates the grounds of irreconcilable differences only.
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Do we have to be separated to get a divorce?
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The "date of separation" refers to the date when at least one of the spouses decided to end the marriage with no intent to reconcile. This date is often a matter of interpretation. It is sometimes the date the spouses stopped living together although it is not requirement that the spouses are physically living apart. Moreover, even spouses that live apart might not be considered separated if they are maintaining the marital relationship, attending marriage counseling, and/or holding themselves out as a married couple.
Consider this date carefully as it can affect property division and spousal support if you and your spouse are ever unable to agree about matters pertaining to the dissolution of your marriage at a later time in the process.
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Can I change my name in the divorce proceedings?
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If you select the name change option in the Online Interview, the request will be automatically added to your documents at no additional cost to you.
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Do we qualify for a summary dissolution?
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The DivorceWriter online interview provides qualifying customers with the ability to select the summary dissolution option. If all conditions are not met, you will receive standard dissolution documents. For a summary dissolution, ALL of the following conditions must be met: - Either party meets the residency requirements.
- Both spouses can be present when the documents are filed and both can show valid picture ID.
- Irreconcilable differences have caused the irremediable breakdown of the marriage and the marriage should be dissolved.
- There are no children of the relationship of the parties.
- The wife is not pregnant.
- The marriage is not more than five years in duration at the time the petition is filed.
- Neither party has any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party.
- There are no unpaid obligations in excess of $6,000 incurred by either or both of the parties after the date of their marriage, not including car loans.
- The total fair market value of community property assets,excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than $38,000, and neither party has separate property assets,excluding all encumbrances and automobiles, in excess of $38,000.
- The parties have executed an agreement settlement.
- The parties waive any rights to spousal support.
- The parties irrevocably waive their respective rights to appeal and their rights to move for a new trial.
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Where are the divorce papers filed?
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In California, you file for divorce at your county Superior Court. Once you have completed this questionnaire, we mail you your completed divorce documents with detailed filing instructions including location and contact information for your county Clerk's office.
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How much is the county filing fee?
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County divorce filing fees are not included with your purchase. Fees for filing your divorce in California are typically $350.
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Do we need a court hearing?
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In an uncontested California divorce, you typically will not need a court hearing. After filing your petition at the court house, you may be able to file the rest of the divorce paperwork by mail.
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Which spouse files the divorce documents?
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The spouse who files for divorce is the Petitioner. The other spouse automatically becomes the Respondent.
The Petitioner must have lived in California for at least the last six months to file for divorce in California. In addition, the Petitioner must have lived in the county of filing for at least the last 90 days to file in that county. There is no requirement that the Respondent live in California.
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What are the steps to getting a divorce in California?
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1) File the divorce papers with the Superior Court Clerk and pay the filing fee of approximately $350.00. Then, have a friend or relative mail a copy of the divorce papers to your spouse.
2) File the Marital Settlement Agreement and related documents with the Clerk after they have been signed by you and your spouse.
3) Receive the Judgment finalizing your divorce approximately 6 months + 1 day from the date you filed for divorce.
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How do I serve my spouse with the divorce papers in California?
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The spouse who filed for divorce chooses a friend or relative to mail divorce papers to the non-filing spouse. Later, the server and the non-filing spouse each sign a document verifying service, which is filed with the Clerk.
Note: San Diego County filers are generally required to hand-deliver documents to the non-filing spouse unless this is not possible.
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Can the wife change her name back during the divorce?
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Yes, if a name change is desired, the necessary information will be requested in the Additional Details portion of the DivorceWriter online interview.
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How much is the California court filing fee?
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Court fees are not included with your purchase. In California, the county court filing fee is typically $350. Some low income filers may be able to have the filing fee waived. Contact your county Family Law Clerk for more information on the requirements for obtaining a fee waiver.
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How long does it take to finalize a divorce in California?
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In California, it takes six (6) months plus one day from the date you file for divorce. Typically, the Court will send you a copy of your Divorce Decree with the Judge's signature and the date when your divorce will be final.
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What is a California Summary Dissolution?
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A California Summary Dissolution is basically a simplified divorce. You must meet several requirements including being married less than five years, having no children, and having little community property. The online interview provides more details and has the option to request a Summary Dissolution if you qualify.
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What if my spouse and I don't live in the same state?
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As long as one spouse meets the residency requirements for the state where the divorce will be filed, it does not matter that the other spouse lives in a different state.
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Do I have to divorce in the state where I was married?
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No, you can divorce in any state where you or your spouse meet the divorce residency requirements.
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How long does it take to get a divorce in California?
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After you file for divorce, you will receive a Divorce Decree in the mail that is signed by the judge and contains the date that the divorce will be officially final. In uncontested divorces, that date is 6 months + 1 day from the date the divorce was filed.
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Can I file for divorce in California?
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To file for divorce in California, one or both spouses must be residents of that state for at least six (6) months before filing. If one of the spouses is not a California resident, it is usually easier if the resident spouse files for divorce.
The divorce can be filed in the county where either spouse has lived for at least three (3) months before filing. If both spouses meet this requirement, the divorce can be filed in the county where either spouse lives.
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How is child support calculated?
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Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.
Additional information on the calculation of child support can be found at: http://www.leginfo.ca.gov.
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What if my spouse and I have agreed to a child support amount that is different from the standard amount?
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DivorceWriter shows the child support calculation under the guidelines using the parents' income. Then, the customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount as well a reason for using a different amount. Information on using a child support amount that is different from the standard amount set by the Child Support Guidelines is available at: http://www.courtinfo.ca.gov.
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What if we already have an existing child support order?
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DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you must also attach a copy of already existing child support document(s) to your Marital Settlement Agreement when you file it.
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When can a child support order be modified in California?
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A child support order can be modified in California if there has been:- a significant increase or decrease in either parent's earnings;
- a change in custody or the amount of time the child spends with each parent; or
- a change in any other factor that would affect the child support guideline.
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Will we be able to customize our documents to fit our specific custody and visitation arrangement?
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DivorceWriter accommodates parents who want to share joint legal custody while designating one parent to have primary physical custody of the children.
Choose to customize as little or as much as you need.- Create a detailed schedule for vacations, holidays, and special occasions, including beginning and end times, or choose to keep your regular schedule during those times.
- List your parenting schedule priorities to resolve potential conflicts before they arise.
- Designate the amount of time each parent will spend with the child(ren).
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What are the different types of custody?
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Click here to review how the California Code defines the various custody types: http://www.leginfo.ca.gov.
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What is the difference between child support and spousal support?
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Spousal support is paid to one spouse by the other for the support and care of the receiving spouse. Child support, on the other hand, is paid to one parent by the other for the support and care of dependent children
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Can we customize our documents to fit our spousal support needs?
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You can choose:- No spousal support
- Spousal support paid in periodic payments for a set duration
- Spousal support paid in a lump sum
Spouses who choose a combination of a lump sum payment with periodic payments for a set duration can enter the periodic payments here in the Spousal Support Section of the interview. Then, the one-time, lump sum payment can be added as either a property item or as a debt by returning to the appropriate section of this interview and listing it there. Customers may prefer to list the lump sum payment as property if it has already been paid. Alternatively, customers may wish to list it as a debt with the payor spouse as the creditor if it has not yet been paid.
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How is child support calculated in California?
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Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.
Additional information on the calculation of child support can be found at: http://www.courtinfo.ca.gov
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How is spousal support/alimony calculated?
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In uncontested divorces, spouses reach their own agreement regarding the amount of spousal support/alimony, if any, that one spouse will receive from the other.
Additional information on how courts calculate spousal support/alimony in cases where spouses have not reached an agreement can be found at: http://www.courtinfo.ca.gov/selfhelp
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What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?
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Information on using a child support amount that is different from the standard amount set by the Child Support Guidelines is available at: http://www.courtinfo.ca.gov
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Do I enter child support information here also?
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No. This section is for spousal support only. Enter information here if one spouse will be paying support for the care and benefit of the other spouse. Child support, which is paid for the support and care of a child, will be asked about later in this interview.
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What if I have additional questions about child support?
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Additional information on child support can be found at: http://www.courtinfo.ca.gov and http://www.childsup.cahwnet.gov
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We have children. Can I still use DivorceWriter?
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Yes, you can use DivorceWriter to create your divorce forms even if you have children. The online interview includes tools for creating a Parenting Plan and requesting child support if needed.
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What if we each will have primary physical custody of at least one child?
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DivorceWriter can accommodate split custody situations by allowing customers to select joint legal and physical custody. Then, in the box(es) provided, the customer indicates with which child(ren) the mother will have more actual parenting time and with which child(ren) the one father with have more actual parenting time. If you need further customization, DivorceWriter will provide you with a copy of your settlement agreement and/or parenting plan in Word format so that you can edit those documents further to meet the needs of your situation.
If necessary, you can also deviate to a child support amount that is different from the guideline amount. More information on child support is available in the Help Topics located in the child support portion of this online interview.
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What if we will each have primary physical custody of at least one child?
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If you and your spouse will each have primary physical custody of one or more child(ren), and you would like to select a child support amount that is different from the guideline amount for that reason, simply choose “no” to accepting the guideline support calculation. Next, enter the amount of child support that you have agreed to, if any, in the space provided. Then, you may choose to list the split custody arrangement as the reason for the child support deviation.
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Is spousal support commonly awarded?
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Less than 10% of DivorceWriter customers choose to include spousal support in their divorces.
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Can we specify how we will claim our child(ren) for income tax purposes?
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The DivorceWriter online interview allows you to designate which spouse will claim your minor children as dependents for purposes of federal and state income tax.
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Why do I keep getting an error for holidays and special occasions?
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For each holiday you must mark "Wife" or "Husband". In addition you must also mark "Even", "Odd" or "Every" to specify which years the selected parent will spend with the child(ren) for each individual holiday.
Examples:
- Christmas Day: If you select "Wife" and "Even" then the child(ren) will spend Christmas Day with the wife on the even numbered years.
- Father's Day: If you select "Husband" and "Every" then the child(ren) will spend every Father's Day with the husband.
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Do I have to pay income tax on spousal support payments that I receive?
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For federal income tax purposes, spousal support is commonly considered taxable income for the receiving spouse and is also tax-deductible for the spouse that pays it. However, when a written provision is included in a settlement agreement stating that the payments are not included in the gross income of the recipient spouse nor deductible from the income of the payor spouse, you are often able to avoid any federal income tax consequences for either party.
If you have any questions regarding the tax consequences of spousal support, you may wish to contact an attorney. More information is also available at: www.irs.com
Child support is NEVER taxable income to the parent that receives it nor is it ever tax-deductible for the party that pays it.
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Can we use DivorceWriter if we have children?
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Even couples with minor children can prepare their own documents using DivorceWriter.
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Can we customize our documents to fit our plans for our real estate?
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The DivorceWriter online interview allows customers to list not only the street address, city, and zip code of the property, but also provides space to include the legal description of the property located on the deed, if desired. Additionally, spouses who have agreed that one spouse will receive a one-time set dollar amount as compensation for surrendering rights to, or for the sale of, a piece of property may choose to enter that information in the Property Division Section.
The self-prepared DivorceWriter does NOT include quit claim deeds. Customers should consult with an attorney to discuss the requirements for completing a transfer of real estate. Additionally, customers should consult with an attorney, accountant, and any other professional necessary to determine any tax consequences or other legal consequences of transferring real estate.
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We want to transfer real estate into only one spouse's name. Do we need a Quit Claim Deed?
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Generally, if you want to transfer jointly held real estate into the name of only one spouse, or if one spouse has real estate that is being transferred into the name of the other spouse, you will need to execute a Quit Claim Deed. Then, the Quit Claim Deed is filed, or recorded, with the County Clerk or Register of Deeds.
DivorceWriter cannot provide Quit Claim Deeds. If you have any questions about real estate transfers or about Quit Claim Deeds, you may need to contact an attorney.
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Will we have the option to divide one or more retirement plans?
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The DivorceWriter online interview allows spouses who have agreed to split one or more retirement plans to indicate the exact percentage that each spouse will receive of the retirement plan.
DivorceWriter cannot provide legal advice and cannot provide you with a Qualified Domestic Relations Order (QDRO). Contact an attorney and/or the retirement plan administrator for assistance in drafting a QDRO.
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Can we divide one or more retirement plans?
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The DivorceWriter online interview allows spouses who have agreed to split one or more retirement plans to indicate the exact percentage that each spouse will receive of the retirement plan.
DivorceWriter cannot provide legal advice and cannot provide you with a Qualified Domestic Relations Order (QDRO). Contact an attorney and/or the retirement plan administrator for assistance in drafting a QDRO.
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Can we divide/list as many items of personal property as we want?
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Choose to list all, some, or no property. The customer decides which property, if any, to list, although some courts require that at least real estate, vehicles, retirement accounts, property with titles, and/or other valuable property be listed. Spouses who have agreed to split one or more pieces of personal property can make a new entry for each spouse for each item to be divided, and then indicate the exact percentage that each spouse will receive.
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Can we divide as many items of personal property as we want?
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Choose to list all, some, or no property. The customer decides which property, if any, to list, although some courts require that at least real estate, vehicles, retirement accounts, property with titles, and/or other valuable property be listed.
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Can we divide/list as many debts as we want?
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Choose to list all, some, or no debts. The customer decides which debts, if any, to list, although some courts require debts related to real estate, vehicles, property with titles, and/or other valuable property to be listed as well as joint debts.
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Do I need to list the legal description of my real estate?
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It is generally sufficient to just list the physical address of the property (street, city, state, zip), but some customers also list the legal description, which can be found on the deed and/or mortgage documents.
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Do DivorceWriter documents accommodate the splitting of one or more items/pieces or property between two spouses?
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The DivorceWriter online interview allows spouses who have agreed to split one or more items/pieces of property to make a new property entry for each spouse for each item to be divided, and then indicate the exact percentage that each spouse will receive.
DivorceWriter cannot provide legal advice. Contact an attorney regarding potential tax consequences of transferring property.
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We are each going to be liable for a percentage of one or more of our debts. How do we enter the information?
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If you are each going to be responsible for a percentage of a debt, make one entry for each spouse for each individual debt to be divided and indicate the percentage of responsibility for each spouse. Many judges will reject settlement agreements that do not contain the last four digits of an account number so you may wish to enter that information here as well.
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Can I receive a portion of my spouse's retirement plan even though his/her retirement is several years away?
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The most common way for one spouse to secure the right to a portion of the other spouse's retirement plan upon his/her retirement is through a Qualified Domestic Relations Order, or QDRO. To obtain a QDRO, contact your spouse's human resources or personnel office who will be able to put you in contact with the retirement plan administrator. Commonly, the plan administrator will provide you with a standard QDRO to complete and file with the Court.
DivorceWriter cannot provide you with a QDRO. Contact an attorney and/or the retirement plan administrator for assistance in drafting a QDRO.
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Do we have to list the property we've agreed to divide?
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About 50% of DivorceWriter customers list property in the online interview. The property listed will appear on the settlement agreement that is included with your DivorceWriter document package. If no property is listed, the settlement agreement will indicate that there is no property to be divided.
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Do we have to list the items of property we've agreed to divide?
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About 50% of DivorceWriter customers choose to list one or more items of property.
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Do we have to list the debts we've agreed to divide?
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About 30% of DivorceWriter customers choose to list one or more debts.
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Do we have to list the debts we have agreed to divide?
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About 30% of DivorceWriter customers list debts. The debts listed will appear on the settlement agreement that is included with your DivorceWriter document package. If no debts are listed, the settlement agreement will indicate that there are no debts to be divided.
The customer decides which debts, if any, to list, although it is generally a good idea to list debts related to real estate, vehicles, property with titles, and/or other valuable property to be listed as well as joint debts.
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What if one spouse is in the military?
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If both parties are willing to sign the papers, ending your marriage when a spouse is in the military is generally much like a regular dissolution or divorce, although there may be as many as three possible jurisdictions where the dissolution or divorce can be filed: - The legal residence of the military member
- The legal residence of the spouse
- The state where the servicemember is stationed
Typically, either you or your spouse must reside in California or be stationed there in order to file for divorce there. For additional information on residency requirements, the servicemember may wish to contact his or her local JAG office.
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What if one spouse is in the military?
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If both parties are willing to sign the papers, ending your marriage when a spouse is in the military is generally much like a regular dissolution or divorce, although there may be as many as three possible jurisdictions where the dissolution or divorce can be filed: - The legal residence of the military member
- The legal residence of the spouse
- The state where the servicemember is stationed
Typically, either you or your spouse must reside in California or be stationed there in order to file for dissolution or divorce there. For additional information on residency requirements, the servicemember may wish to contact his or her local JAG office.
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What if one spouse is living in a foreign country?
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If your spouse is able to receive documents in the mail and is willing to sign and return the necessary documents to you, his or her being outside of the U.S. should not be a barrier to you filing for and obtaining a divorce in California.
For any documents requiring the notarized signature of a spouse living in a foreign country, consular officials at any U.S. embassy or consulate abroad can provide a service similar to the functions of a notary public in the United States.
If you need to enter a foreign address it is possible. When completing the DivorceWriter online interview, leave the state field as "state" and enter the city and country in the city field, such as "Toronto, Canada."
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What if I have an out of state driver’s license or no license at all?
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Lack of a valid in-state driver’s license could pose a problem if the spouse without the license is filing the initial divorce documents as it may be difficult to prove that he or she meets the residency requirements. Lack of any license at all could pose an issue when it comes to positive identification if needed in court or to verify identity for notarization purposes.
However, most counties don't require any form of identification to file for divorce. Contact the Court Clerk if you have additional questions.
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My spouse is currently incarcerated. Can we still use DivorceWriter?
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DivorceWriter documents must be signed by both spouses. As long as your spouse is capable of receiving and signing all of the necessary documents as well as having his or her signature notarized if required in your state, you would be able to use DivorceWriter.
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I am not sure my marriage was legal. Do I even need a divorce?
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DivorceWriter is for people who want to end their marriages. If you have any questions regarding the validity of your marriage, you may need to contact a lawyer.
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What if my spouse is in the military?
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Either you or your spouse must meet the residency requirements in a given state or be stationed there in order to file for divorce in that state. If both parties are willing to sign the papers, ending your marriage when a spouse is in the military is much like a regular divorce.
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What if one spouse is in the military?
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Typically, either you or your spouse must meet the residency requirements for California or be stationed there in order to file for dissolution or divorce in that state. If both parties are willing to sign the papers, ending your marriage when a spouse is in the military is generally much like a regular dissolution or divorce.
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My wife is currently incarcerated. Can we still use DivorceWriter?
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DivorceWriter documents must be signed by both husband and wife. As long as your spouse is capable of receiving and signing all of the necessary documents as well as acquiring any required notarization, you would be able to use this service to create your divorce documents.
You may use the address at the facility where your spouse is currently incarcerated.
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Where can I find the full-text version of the California Family Code online?
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California Family Code
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