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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 Ohio 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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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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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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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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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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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 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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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 is the difference between a dissolution of marriage and a divorce?
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DivorceWriter provides Ohio customers with dissolution documents.
While some states use the terms "dissolution" and "divorce" interchangeably, Ohio is unique in that it makes an important distinction between the two. A dissolution is essentially a no-fault, simplied version of a divorce in Ohio.
In Ohio, when the matter is truly uncontested--i.e. both spouses have reached an agreement on all matters involving ending their marriage a--spouses may seek a dissolution rather than a divorce. A dissolution ends the marriage just as a divorce does, but requires fewer documents than a divorce and generally only one court hearing.
In a dissolution, both parties are designated as Co-Petitioners and both must attend the hearing together.
When contacting the Clerk’s office or making any other inquiries regarding a case, using "dissolution" and "divorce" interchangeably could confuse the Clerk's office.
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What are the basic steps to getting a dissolution of marriage in Ohio?
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1) Both spouses review and sign the dissolution documents.
2) The Petitioner files the Petition for Dissolution of Marriage and related documents with the Common Pleas Court Clerk and pays the filing fee of approximately $175.00-$300.00.
3) Both spouses attend the final hearing approximately 30-90 days after the Petition for Dissolution of Marriage is filed.
4) The Judge signs the Decree of Dissolution following the final hearing and/or mails a finalized Decree to you and your spouse.
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How much is the filing fee in Ohio?
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County divorce filing fees are NOT included with your DivorceWriter purchase. The fee for filing for dissolution or divorce in Ohio is typically $175.00-$350.00.
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What are the residency requirements for filing?
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Ohio requires at least one of the spouses in an action for dissolution of marriage or divorce to have been a resident of Ohio for at least six months and a resident of the county of filing for at least 90 days immediately before filing for dissolution or divorce.
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What documents are included in the self-prepared Ohio DivorceWriter dissolution of marriage package?
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In addition to Ohio filing procedures, your self-prepared Ohio DivorceWriter package will include:- Petition for Dissolution of Marriage
- Separation Agreement
- Waiver of Financial Disclosure
- Waiver of Legal Representation
- Waiver of Service of Summons
- Decree of Dissolution of Marriage
Customers with minor or legally dependent children from the marriage will also receive: - Custody Affidavit
- Child Support Worksheet
- Application for Child Support Services Non-Public Assistance Applicant
Customers who wish to share legal custody of their minor and/or legally dependent child(ren) will also receive: - Shared Parenting Plan
- Final Decree of Shared Parenting
Hamilton County customers with minor or legally dependent children will also receive: - Qualified Medical Child Support Order
- Health Care Verification
Franklin County customers with minor or legally dependent children will also receive: - Health Insurance Disclosure Affidavit
- Financial Disclosure Affidavit
(instead of Waiver)
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What documents are included in the self-prepared DivorceWriter Ohio divorce package?
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In addition to Ohio filing procedures, your self-prepared Ohio DivorceWriter package will include:- Complaint for Divorce
- Answer
- Separation Agreement
- Financial Disclosure Affidavit
- Waiver of Legal Representation
- Waiver of Service of Summons
- Decree of Divorce
Customers with minor or legally dependent children from the marriage will also receive: - Child Custody Affidavit
- Child Support Worksheet
- Application for Child Support Services Non-Public Assistance
Customers who wish to share legal custody of their minor and/or legally dependent child(ren) will also receive:- Shared Parenting Plan
- Final Decree of Shared Parenting
Franklin County customers will also receive: - Health Insurance Disclosure Affidavit
Hamilton County customers will also receive: - Qualified Medical Child Support Order
- Health Care Verification
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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 do we prove that we meet the Ohio residency requirements?
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Whether you are filing for dissolution or divorce, be aware that both require the party that files, and sometimes the non-filing spouse as well, to sign a document containing language that states that at least one of the spouses meets the residency requirements. In many most, this is all that is required to prove residency.
If you have any additional questions regarding whether your county will require you to present any identification or documentation to prove residency at the time of filing, you should direct your inquiries to the Court of Common Pleas Clerk for the county of filing. The Clerk cannot give legal advice, but will be able to provide you with general information regarding filing in your county. DivorceWriter cannot assist you in deciding which spouse should file.
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Where do I file the dissolution/divorce documents?
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Both dissolutions and divorces are filed at the Court of Common Pleas Clerk's office in the county of filing. Depending on the county, it may be more specifically referred to as the Division of Domestic Relations for the Court of Common Pleas.
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Will either of us be required to attend a court hearing?
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To obtain a dissolution of marriage, both spouses must attend the hearing together. To obtain a divorce, only the spouse that files (Plaintiff) is required to attend the hearing.
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Do we have to be separated to have our marriage dissolved or to get a divorce?
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Many Ohio courts will not grant a dissolution of marriage or divorce unless the spouses have been living separate and apart at different addresses from the time they sign their separation agreement or at least since they filed it with the court. This is to ensure that both people have experienced living separate and apart prior to affirming their agreement. It also makes sure that both parties have divided their household goods to their satisfaction.
After the dissolution or divorce has been finalized, spouses are free to live wherever they choose.
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What is the difference between a dissolution and a divorce in Ohio?
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In Ohio, a dissolution of marriage is sometimes referred to as "no-fault divorce" because it does not require the parties to prove any grounds for ending the marriage. As long as the parties are able to agree on all matters involving the division of debts and property as well as regarding the support and custody of children, if any, and if both parties are able to attend the court hearing together, they may seek a dissolution of marriage rather than a divorce.
If both parties are not able to attend a court hearing together, a dissolution is not an option and a divorce is the only way to end the marriage. There are several grounds for divorce in Ohio (see http://codes.ohio.gov/orc/3105), but the most common is that the parties are able to agree that they are incompatible. If you and your spouse wish to use a grounds other than incompatibility, you may not be able to use DivorceWriter.
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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 Common Pleas Court Clerk for the county of filing selected by the customer.
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Can I change my name in the divorce proceedings?
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If you select the name change option on the online interview, the request will be automatically added to your documents at no additional cost to you.
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Where do we file the dissolution documents?
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All Ohio divorces are filed with the Clerk of the Court of Common Pleas for the county of filing.
Depending on the county, it may be more specifically referred to as the Division of Domestic Relations for the Court of Common Pleas.
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How much is the filing fee charged by the Clerk?
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County filing fees are not included in the DivorceWriter price. Filing fees vary from county to county, but typically the filing fee for a dissolution ranges between $175.00-$300.00. Filing fees tend to be slightly smaller when the parties have no minor or dependent children.
https://Certain low income filers may qualify to have the filing fee waived. Contact your court Clerk for more information on fee waivers.
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Is a court hearing required?
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Yes. Both spouses must attend a hearing before the dissolution can be finalized. The hearing cannot take place less than 30 days after the date of filing nor more than 90 days after the date of filing.
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How long will it take to finalize the dissolution of my marriage?
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Generally, it will take between 31-89 days to complete your dissolution of marriage in Ohio.
While there is no set waiting period with Ohio dissolutions, the mandatory dissolution hearing cannot take place sooner than 30 days prior to the date the Petition for Dissolution is filed, and cannot take place more than 90 days after the date of filing. Since a dissolution is generally finalized by the judge at the hearing, 31-89 days is the range for completing the dissolution.
Additional information can be found at: http://codes.ohio.gov
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Do we have to live at separate addresses?
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Many Ohio courts will not grant a dissolution of marriage unless the spouses have been living separate and apart at different addresses from the time they sign their separation agreement or at least since they filed it with the court. This is to ensure that both people have experienced living separate and apart prior to affirming their agreement. It also makes sure that both parties have divided their household goods to their satisfaction.
After the dissolution has been finalized, spouses are free to live wherever they choose.
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What are the state residency requirements for filing for dissolution in Ohio?
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At least one of the spouses must be a resident of the State of Ohio for at least six months immediately prior to the filing the Petition for Dissolution of Marriage.
Note that this is as opposed to a divorce, which requires that the person filing be a resident of Ohio for at least six months before filing.
Additional information on the residency requirement can be found at: http://codes.ohio.gov
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Which is the proper Ohio county for filing for dissolution?
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An Ohio dissolution of marriage can be filed in the county where either of the spouses resides.
However, to file for divorce in Ohio, the person filing must be a resident of the county of filing for at least 90 days prior to filing.
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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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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 is child support calculated?
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Based on the information provided by the customer when completing the 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://codes.ohio.gov and http://jfs.ohio.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 you 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. Some information on using a child support amount that is different from the standard amount set by the Child Support Guidelines is available at: Acceptable Reasons to Use a Different Amount.
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What if we already have an existing/prior child support order?
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Customers who already have a child support order issued by a Court have the option to enter that information in this portion of the interview. In order to list a prior support order, the customer can do the following:- Select “no” to using the payment calculation;
- Enter the existing support amount in the space provided for monthly payment amount; and
- Enter the following as the reason for deviating from the state calculation: There is a prior child support order under Case No. (enter case number) that was issued by (enter court name) on (enter date of order).
Note that the information will be transferred to the applicable documents exactly as it is entered by the customer. Generally, you will also be expected to staple one copy of the prior child support order to each copy of the Settlement Agreement (sometimes called a Separation Agreement) that you will file with the Court later in the divorce process.
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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.- Customize your own schedule for weekend and weekday vistiation, if any, including setting start and end times.
- Create a detailed schedule for vacations, holidays, and special occasions, or choose to keep your regular schedule during those times.
- Decide which parent will have the final say if there are disagreements about major decisions including education, non-emergency health care, and religious upbringing, and create additional decision-making rights if needed.
- Choose for one parent to claim the child(ren) annually or alternate the right to claim the minor child(ren).
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What are the different types of custody?
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In Ohio, joint legal custody is commonly referred to as shared parenting. Shared parenting allocates parental rights and responsibilities for the care of the child(ren) to both parents through a Shared Parenting Plan that sets forth how the parents will share all or some of the aspects of the physical and legal care of the child(ren). In a shared parenting arrangement, both parents are designated the legal custodians and residential parents of the child(ren), although it is NOT required that the physical parenting, sometimes referred to as physical or residential custody, be 50/50.
If shared parenting is not selected, you can choose for one parent to be the legal custodian and residential parent of the child(ren) with a customized visitation schedule, if desired, for the non-residential parent.
Additional information on allocating parental rights and responsibilities is available at: O.R.C. 3109.04 and O.R.C. 3105.63.
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When can a child support order be modified?
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Information on child support modification is available at: O.R.C. 3119.79.
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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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Is child support required in Ohio?
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Yes. Even when parents agree to very little or no child support, courts may reject the terms because parents have a duty to support their children both before and after a divorce.
Additional information on minimum child support obligations is available at: http://codes.ohio.gov
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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://codes.ohio.gov/orc/3119.22 and http://codes.ohio.gov/orc/3119.23
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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 my spouse and I have a combined annual income of less than $6,600?
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The Ohio Child Support Guidelines Schedule is designed to calculate child support when the combined gross income of both parents is more than $6,600 per year. If the combined gross income of both parents is less than that amount, the court shall determine the amount of the obligor’s child support obligation on a case-by-case basis using the schedule as a guideline. Generally, a Child Support Worksheet will not be filed and the support calculation will be set at the hearing.
For additional information, see Child Support Guidelines Schedule and http://codes.ohio.gov
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What if my spouse and I have a combined annual income of more than $150,000?
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The Ohio Child Support Guidelines Schedule is designed to calculate child support when the combined gross income of both parents is less than $150,000 per year. If the combined gross income of both parents is more than that amount, the court shall determine the amount of the obligor’s child support obligation on a case-by-case basis using the schedule as a guideline.
For additional information, see Child Support Guidelines Schedule and http://codes.ohio.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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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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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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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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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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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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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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What options do we have for our real estate?
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The DivorceWriter provides an array of options for disposing of your real estate, including:- Designating responsibility for any mortgage(s) and other liabilities related to the property;
- Buying-out your spouse with a cash settlement;
- Designating one spouse to be responsible for the sale or share the responsibility equally;
- Assigning a set number of months to complete the sale of property;
- Listing one spouse as the receipient of the proceeds of the sale or assign a set percentage of proceeds, if any, to each spouse;
- Designating one spouse to pay the monthly mortgage, taxes, and repairs pending sale or share the responsibility for these expenses equally.
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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 Ohio 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 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 Ohio 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 living in a foreign country?
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It is important to note that with a dissolution of marriage, both spouses are required to attend. If both spouses cannot attend, a divorce is an option since only the spouse that files for divorce is required to attend the hearing. In Ohio, the non-filing spouse (Defendant) signs a Waiver of Service of Summons so that traditional service by personal delivery or certified mail is not required.
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.
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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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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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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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 Ohio divorce statutes online?
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Ohio Revised Code-Domestic Relations
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