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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 do I make changes to my documents after receiving my self-prepared 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 three options: - Log into your account at www.divorcewriter.com/Home_Login.asp. Make the desired changes to your online interview responses. Then, on the review page of the interview under "Printing and Shipping Status," click on "E-mail Me a Copy of My Divorce Documents."
- E-mail your documents to yourself. Then, customize as needed and print.
- In the alternative, if you would like to have a hard copy of your documents shipped to you, contact customer service at info@divorcewriter.com.
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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. (Note: This does not include the divorce filing fee charged by the Court Clerk in your county.)
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Are court filing fees included in the fee?
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No. Court filing fees are not included in the DivorceWriter fee. The DivorceWriter fee includes all of your ready-to-sign divorce documents along with detailed filing instructions.
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I didn't list any property or debts in the online interview. Why do some of my documents ask the court to divide property and debts?
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Asking the Court for to divide property and debts fairly is standard language in the Divorce Petitions/Divorce Complaints in a majority of states, even when the parties have no actual property or debts to divide.
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I didn't list any property or debts in the online interview. Why do some of my documents ask the court to divide our property and/or debts?
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The Divorce Petitions/Divorce Complaints in most states contain language asking the Court to divide property and debts acquired during the marriage fairly or equitably. This type of equitable distribution request is standard language and is to be included even when the parties have no actual property or debts to divide.
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I need a form that is not available online or in the DivorceWriter's supplemental forms database. How can I find a sample form elsewhere?
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Divorce documents are public record, so it is usually possible to obtain a copy of one or more document(s) from other divorce files to use as sample forms by making a request in person or by mail at the office where your divorce was filed. The case number for the divorce file(s) from which you would like a copy is/are generally required. If the request is made by mail, include a self-addressed stamped envelope with adequate postage.
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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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Why is DivorceWriter the best?
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| Simple and fast | DivorceWriters sophisticated easy to use web site allows you to create divorce documents quickly and easily. | | Exceptional value | At $149 you will save substantially over other online offerings which charge up to twice as much. | | It is private and secure | DivorceWriter.com is audited and tested daily by McAfee Secure, 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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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, your documents are ready for printing 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 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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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. Fees can vary from state to state and county to county, but typically range from $100 to $400.
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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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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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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 most U.S. states and the District of Columbia. To see if your state is offered, go to the "Start the Process" page and select your state from the drop down box. DivorceWriter documents are state-specific. If your documents are not accepted in your county (or parish), you get 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. Priority Mail typically takes 3-4 business days.
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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 info@divorcewriter.com with the name or form number of the the document(s) you need. We have many supplemental documents available that can be emailed to you for immediate printing.
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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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Does DivorceWriter provide documents for annulments?
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No. DivorceWriter does not currently provide documents for annulments.
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How do I make changes to my documents after receiving my self-prepared 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 www.divorcewriter.com/Home_Login.asp. Make the desired changes to your online interview responses. Then, on the review page of the interview under "Printing and Shipping Status," click on "E-mail Me a Copy of My Divorce Documents" to e-mail your documents to yourself. Customize as needed and print; or
- In the alternative, if you would like to have a hard copy of your documents shipped to you, contact customer service at info@divorcewriter.com.
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Can you overnight my documents to me so that I can have them right away?
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All DivorceWriter document packages are shipped via Priority Mail. However, as soon as you have completed the online interview, contact us at info@divorcewriter.com and we will e-mail your documents so that you can instantly download and print them.
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We were married in a foreign country. Can we divorce in the U.S.?
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As long as you meet the residency requirements for filing for divorce in the state where you want to file, it should not matter that you were married outside of the U.S.
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Can I use my account for another divorce?
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DivorceWriter accounts are for one divorce only. You may not reuse the account to complete forms for another unrelated divorce. If you need to create another set of divorce forms, please create a new account using a different e-mail address.
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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. However, there is some information that is not yet known to the customer, such as the date that a filing step was completed, which must be filled in by the customer later in the process.
DivorceWriter makes every effort to balance the customer's need to have completed documents with the need to keep our online interview to a reasonable length for the comfort of our customers. As such, certain other pieces of information may also need to be filled in by the customer. Customers with minor children will need to fill in personal information pertaining to the children such as where and with whom they have lived over the last five years. Additionally, most states require persons filing for divorce to complete affidavits or financial statements pertaining to income, expenses, and property. Much of the information on these forms must be filled in by the customer as well.
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Do we need to notify the clerk if one or both spouses move to a different address during the divorce?
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Any questions concerning the requirements for notifying the court about changes of address during the divorce process should be directed to the office where the divorce was filed. At the very least, they will likely want to make a note of the new address for their records. Any documents that have yet to be filed that contain the outdated address may be downloaded in Microsoft Word and customized as needed.
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Do we need to notify the court of any address changes during the divorce?
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Any questions concerning the requirements for notifying the court about changes of address during the divorce process are best directed to the office where the divorce was filed as they will likely want to make note of the new address for their records. If you find you need to make any changes to your documents, they may be downloaded in Microsoft Word and self-customized to meet your needs.
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Customer wants to know what they need to do if one spouse moves to a different address while the divorce is pending
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Thank you for your inquiry. Any questions concerning the requirements for notifying the court about changes of address during the divorce process are best directed to the office where the divorce was filed as they will likely want to make note of the new address for their records. If you find you need to make any changes to your documents, they may be downloaded in Microsoft Word and self-customized to meet your needs.
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What are the basic steps to getting a divorce in Tennessee?
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1) Both spouses review and sign divorce documents.
2) One spouse files the documents.
3) Wait 60 days (90 days if the spouses have minor children together). Note: Some Tennessee counties require the spouse that filed for divorce to attend a brief hearing, usually 15 minutes or less.
4) The filing spouse attends a final hearing, after which the Judge finalizes the divorce.
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How much is the filing fee in Tennessee?
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The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Tennessee is typically $150.00-$350.00.
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What documents are included in the self-prepared Tennessee DivorceWriter package?
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In addition to Tennessee filing procedures, your self-prepared Tennessee DivorceWriter package will include:- Civil Case Cover Sheet Form 10
- Complaint for Divorce Form 100
- Marital Dissolution Agreement Form 400
- Final Decree Form 411
Customers with minor and/or legally dependent children will also receive:- Permanent Parenting Plan Form 145
- Child Support Worksheet
- Title IV-D Information Form 415
(if one parent is receiving assistance from the State of Tennessee) - Wage Assignment Order Form 340 (if the Permanent Parenting Plan provides for this form of payment of child support)
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What are the Tennessee residency requirements for filing for divorce?
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A divorce may be granted in Tennessee if the cause for the divorce (ex. irreconcilable differences) occurred while the Plaintiff was a resident of Tennessee. Additionally, a divorce may be granted in Tennessee even if the cause for the divorce occurred outside of Tennessee and even if the Plaintiff resided outside of Tennessee at the time, as long as either the Plaintiff or the Defendant is a resident of Tennesee for a period of six (6) months before the divorce is filed. Tennessee Code Annotated 36-4-104(a).
A divorce may be filed in the Circuit Court in the county where the parties resided together at the time of their separation, or in the county where the Defendant resides if the Defendant is a resident of Tennessee. However, if the Defendant is not a resident of Tennessee or is incarcerated, then the divorce can be filed in the county where the Plaintiff resides. Tennessee Code Annotated 36-4-105(a).
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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 in Tennessee?
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A Complaint for Divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before the final divorce hearing if the parties have no unmarried child under eighteen (18) years of age and for ninety (90) days before the final divorce hearing if the parties have an unmarried child under eighteen (18) years of age. Tennessee Code Annotated 36-4-103(c)(1).
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How do I serve my spouse with the divorce papers in Tennessee?
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In place of formal service of process, the Defendant may enter into a written notarized Marital Dissolution Agreement with Plaintiff that makes specific reference to a pending divorce by a court and docket number, or states that the defendant is aware that one will be filed in this state and that the defendant waives further service and waives filing an answer to the complaint.
Such waiver of service shall only be valid for a period of one hundred eighty (180) days from the date the last party signs the Marital Settlement Agreement.Tennessee Code Annotated 36-4-103(a)(2).
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Where do I file the divorce documents in Tennessee?
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In Tennessee, divorces are filed at the Circuit Court Clerk's office.
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Will either of us be required to attend a court hearing?
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The spouse who files for divorce must attend a hearing in order to have the divorce finalized. The presence of the non-filing spouse is not required at the hearing.
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What are the grounds for filing for divorce in Tennessee?
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While there are several fault-based grounds for divorce in Tennessee, irreconcilable differences is considered the "no-fault" grounds for divorce. Tennessee Code Annotated 36-4-101(14).
For additional information on grounds for divorce in Tennessee, see Tennessee Code Annotated 36-4-101.
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What is considered to be the date of separation in Tennessee?
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The term "separation date" sometimes refers to the date when the spouses stopped living at the same residence. However, in instances where the spouses continue to live at the same residence, the separation date may refer to the date that the spouses decided to end their marriage, which may be today's date if the decision was made today.
A separation date is required to complete your documents.
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Can the wife change her name back during the divorce?
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Yes, the wife may restore her name to the name she had before the marriage took place. If a name change is desired, the necessary information will be requested in the Additional Details portion of the DivorceWriter online interview at no additional charge.
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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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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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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 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 list the Social Security Number?
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If you do not enter a Social Security Number here, there will be blanks on any form requiring the number where you can enter it by hand.
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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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There was an error on one or more of the documents that I filed with the Clerk. Now that I have fixed the error(s) on the document(s), is there anything else I have to do to it before I file the corrected version with the Clerk?
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Generally, if an error has been made in a document that was filed with the Clerk, the corrected document needs to be retitled as "Amended" before it can be refiled. For example, if there was an error in the divorce Petition/Complaint that was filed with the Clerk, before filing a corrected divorce Petition/Complaint, the document should be retitled with the word "Amended" at the beginning of the title (ex. Amended Petition for Divorce). Most DivorceWriter documents are available in Word format allowing you to add "Amended" to the title yourself.
Additionally, when you file the amended version of the document, you need to bring the same number of copies of the amended document to the Clerk's office as you brought when you filed the original document.
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Can my spouse have documents notarized in a different state?
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Yes. If your spouse is unable to have documents notarized by a Notary Public in the state where the divorce will be or has been filed, he or she may have them notarized by a Notary Public in another state.
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My documents ask for the "Cause Number" instead of a "Case Number." Is this correct?
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Yes. In a number of U.S. states, the Courts use the term "Cause Number" instead of "Case Number."
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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.
When ordering a deviation from the presumptive amount of child support established by the Guidelines, at a minimum it is necessary that: (1) using the Guideline amount would be unjust or inappropriate and (2) the best interests of the child for whom support is being determined will be served by deviating from the child support amount under the Guidelines.
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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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What are the different types of custody in Tennessee?
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In Tennessee, "physical custody" refers to the physical care and supervision of a child. Physical custody can be joint or sole. In a joint physical custody situation, the parents often spend about the same amount of time with the child(ren) each week. However, parents can also choose joint physical custody while designating one parent as the primary residential parent. With sole physical custody, the non-custodial parent can exercise visitation/parenting time, if desired.
"Legal custody" refers to parental rights and responsibilities in making decisions regarding the child. In Tennessee, there are two types of legal custody: (1) joint/shared and (2) sole. With joint/shared legal custody, both parents retain full parental rights and responsibilities and confer with each other so that major decisions affecting the welfare of the child(ren) will be determined jointly. With sole legal custody, one parent makes decisions regarding the minor child(ren) and the other parent usually, though not always, exercises some type of parenting/visitation.
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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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We have agreed that one spouse will pay spousal support to the other. What are some options?
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Two common ways for one spouse to receive spousal support payments from the other are (1) monthly payments for a set duration or (2) a one-time lump sum payment.
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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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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 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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How is child support calculated in Tennessee?
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Based on the information provided by the customer when completing the Tennessee online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. See Tennessee Child Support Guidelines for additional information on child support calculation in Tennessee.
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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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We have received our documents, but have decided that we do not want any parenting time schedule. Is this possible?
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The DivorceWriter online interview, which you completed previously, was designed to accommodate the most common parenting time (visitation) arrangements. However, if those options did not meet your needs or, if you and your spouse do not wish to specify any parenting plan at all, DivorceWriter will e-mail your documents to you upon request at no additional charge in Word format so that you can customize the parenting time portions yourself.
DivorceWriter customer service cannot assist you in customizing your documents. If you have any legal questions on customizing your divorce papers, you may need to contact a lawyer licensed to practice law in the applicable jurisdiction.
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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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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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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 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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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 (Parish 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 Courts also require legal description, which can be found on the deed and/or mortgage documents. If you are not sure, you may wish to provide the legal description 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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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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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 Courts commonly expect 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 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 three options: - Log into your account at www.divorcewriter.com/Home_Login.asp. Make the desired changes to your online interview responses. Then, on the review page of the interview under "Printing and Shipping Status," click on "E-mail Me a Copy of My Divorce Documents."
- E-mail your documents to yourself. Then, customize as needed and print.
- In the alternative, if you would like to have a hard copy of your documents shipped to you, contact customer service at info@divorcewriter.com.
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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 three options:- Log into your account at www.divorcewriter.com/Home_Login.asp. Make the desired changes to your online interview responses. Then, on the review page of the interview under "Printing and Shipping Status," click on "E-mail Me a Copy of My Divorce Documents."
- E-mail your documents to yourself. Then, customize as needed and print.
- In the alternative, if you would like to have a hard copy of your documents shipped to you, contact customer service at info@divorcewriter.com.
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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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Why do my DivorceWriter documents say that we do not have life insurance or other property that we actually do have?
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Some states require divorcing spouses to provide information on several different types of property. If the interview did not request information on such property, such as life insurance, certain documents may indicate that the spouses do not have that type of property.
If you have received documents that indicate that you and your spouse do not have a particular type of that you actually have, you may e-mail your documents to yourself and then enter any applicable identifying information about the property in the space provided. With life insurance, for example, the Court generally will want know which spouse is the policy holder, the name of the insurance company, the policy number, the type of policy, any cash value, and any terms concerning the payment of premiums.
To e-mail your documents to yourself, log into your account at www.divorcewriter.com/Home_Login.asp. Then, on the review page of the interview under "Printing and Shipping Status," click on "E-mail Me a Copy of My Divorce Documents." Then, 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 aren't sure whether you need to list any debts, select "yes" so that you have an opportunity to reconsider this decision in the "Additional Details" portion of the interview.
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What if I don't know if I have property to list?
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If you aren't sure whether you need to list any property, select "yes" so that you have an opportunity to reconsider this decision in the "Additional Details" portion of the interview.
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What is the "legal description" of a piece of real estate?
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The legal description is usually a one to two paragraph description of land that includes metes and bounds, lot number and/or block number in order to describe the exact legal boundaries of a piece of real estate. The legal description is not the same as the physical address of the property.
The legal description can be found on the deed to the property. The county clerk or recorder in the county where the property is located will be able to provide a copy of the legal description if you do not have a copy of the deed. In addition, often the property tax statement will list the legal description although you should note that the legal description is not the same as the tax or parcel ID number.
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Where do I list the VIN for my vehicle?
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After filling in the make, model, and year of the vehicle in the space provided in "Vehicle Description," also provide the Vehicle Identification Number (VIN).
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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 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 Tennessee 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.
Any person in the armed services of the United States, or the spouse of any such person, who has been living in Tennessee for a period of not less than one (1) year shall be presumed to be a resident of Tennessee.
See Tennessee Code Annotated 36-4-104(b).
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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 Tennessee.
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 that a notary public provides in the United States.
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What if I have an out of state driver’s license or no license at all?
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If the spouse who files for divorce does not have a valid in-state driver’s license it may pose a problem if the Clerk requires one in order to prove that at least one spouse meets the residency requirements for filing for divorce. However, most Court Clerks don't require any form of identification when you file for divorce. If you have any additional questions concerning the identification requirements when filing for divorce, contact the Court Clerk.
Note: A Notary Public will almost always require some form of picture identification in order to notarize a signature.
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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" 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 orange button to the left to review the residency requirements for this state.
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My spouse is currently incarcerated. What address do I use?
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You may use the address at the facility where your spouse is currently incarcerated. DivorceWriter documents must be signed by both husband and wife. As long as your spouse is capable of receiving documents and signing them in front of a notary public, if required in your state, you can use DivorceWriter.
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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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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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Does DivorceWriter provide gender-neutral documents for divorce in states where same-sex marriage is not specifically legalized, but is recognized when performed in another state?
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DivorceWriter's current policy is to gender-neutralize our online interview and documents once a state enacts legislation specifically legalizing same-sex marriage. However, most DivorceWriter forms can be downloaded in Microsoft Word and self-customized to contain gender-neutral terms. Additionally, most couples filing for divorce in states recognizing same-sex divorce do not encounter problems filing forms containing non gender-netural terms such as "Husband" and "Wife" and "Mother" and "Father."
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How do we get documents notarized in a foreign country?
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The meaning of the term "notary" varies widely from country to country. To find a Notary Public outside of the U.S. who performs the type of notarization customarily performed by a Notary Public in the U.S., contact a consular official at any U.S. embassy or consulate abroad.
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I can't find my spouse. Can I still use DivorceWriter?
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DivorceWriter is designed for couples who have reached an agreement on all issues and who are both willing and able to sign divorce papers. You cannot use DivorceWriter if you are unable to locate your spouse and should instead contact an attorney licensed to practice law in your state.
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My spouse is currently incarcerated. What address do I use?
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You may use the address at the facility where your spouse is currently incarcerated. DivorceWriter documents must be signed by both husband and wife. As long as your spouse is capable of receiving documents and signing them in front of a notary public, if required in your state, you can use DivorceWriter.
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What if my spouse is unwilling to sign the divorce documents?
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DivorceWriter is a self-help divorce product for people who have reached an agreement on all issues, including division of property and debts as well as matters concerning any children they may have, and who are both willing to sign documents to end their marriage. If you and your spouse are still disputing any matters, or if you think your spouse may refuse to sign the necessary documents, do not use DivorceWriter.
If, after filing for divorce, your spouse becomes uncooperative or unwilling to sign the final documents, you should contact an attorney immediately.
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I received my DivorceWriter package today, but I'm not sure I want to file for divorce right away. How how long are these papers good for?
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Unsigned divorce documents do not have an expiration date per se. Applicable time periods begin to run on signed documents once the divorce is filed.
However, it is possible that changes in the law could occur at some point that might affect one or more documents or divorce filing procedures. If you decide to wait to file your documents for a significant period of time and are concerned that you may no longer have the most recent version we offer, DivorceWriter will provide you with another set at no additional charge.
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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 husband and wife. As long as your spouse is capable of receiving documens and signing them in front of a notary public, if required in your state, you can use DivorceWriter.
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Where can I find the full-text version of the Tennessee divorce statutes online?
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Tennessee State Divorce Laws
Tennessee Code Title 36 Chapters 4-6
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Where can I find additional help?
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Additional help is available at: www.findlegalhelp.org
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