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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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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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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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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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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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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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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 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 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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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 happens after I receive my self-prepared Virginia DivorceWriter package?
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Along with your self-prepared Virginia 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 Circuit Court Clerk for the county of filing selected by the customer.
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What are the basic steps to getting a divorce in Virginia?
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1) File the Complaint with the Circuit Court Clerk and pay the filing fee of approximately $100.00-$200.00.
2) File the remaining documents with the Clerk after they have been signed by you and your spouse.
3) The spouse who filed for divorce attends a hearing with a corroborating witness. After both have given testimony, the Judge signs the Final Decree of Divorce of Marriage, which ends the marriage.
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How much is the filing fee in Virginia?
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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 Virginia varies from county to county, but is typically $100.00-$200.00.
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What documents are included in the self-prepared Virginia DivorceWriter package?
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In addition to Virginia filing procedures, your self-prepared Virginia DivorceWriter package will include:- Complaint
- Property Settlement and Separation Agreement
- Acceptance/Waiver of Service of Process
- Request for Ore Tenus Hearing
- Final Decree
(to resume a former last name)- Addendum for Protected Identifying
Customers with minor and/or legally dependent children will also receive: - UCCJEA Affidavit
- Child Support Worksheet
In the online interview you will also be able to select a Name Change Order, Income Deduction Order, and/or Waiver of Rights Under the Servicemembers Civil Relief Act (if the Defendant is active duty in the military).
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What are the Virginia residency requirements for filing for divorce?
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To obtain a divorce in Virginia, one of the spouses must have lived in Virginia for at least six (6) months before the day the divorce is filed. Virginia Code Sec. 20-97
The county of filing may be:- The county in which the spouses last resided together;
- The county where the defendant resides, if the defendant is a resident of Virginia;
- The county or city where the plaintiff resides, if the Defendant is a nonresident of Virginia.
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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 Virginia?
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In a no-fault Virginia divorce, the spouses must be separated for the required amount of time before they file for divorce--one (1) year if the spouses have minor or legally dependent children together or six (6) months if they do not. Beyond that pre-filing requirement, an uncontested divorce in Virginia, where both spouses agree on all issues and are willing to sign the necessary documents, can be completed in as little as three to six weeks from the divorce filing date, depending on how quickly the Clerk can schedule the divorce hearing.
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How do I serve my spouse with the divorce papers in Virginia?
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A defendant may accept service of process by signing an Acceptance/Waiver in front of a Notary Public. This document has the same effect as if it had been served upon the defendant by a person authorized to serve process. The filing of an Acceptance/Waiver bearing Defendant's notarized signature allows the Court to finalize the divorce without any further contact with the Defendant. Virginia Code Sec. 20-99.1:1. In either case, the Defendant must sign the document after the Plaintiff has filed for divorce.
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Where do I file the divorce documents in Virginia?
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In Virginia, 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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Yes. The spouse that filed for divorce (Plaintiff) is required to attend an Ore Tenus hearing. He or she must bring a corroborating witness, other than Plaintiff or Defendant, to testify briefly to basic facts concerning the Plaintiff's marriage.
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Do we have to be separated to get a divorce in Virginia?
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The separation date is the day that the spouses began living apart without cohabitation and without interruption.
To be separated, the parties must have mutually agreed that they are no longer living together as husband and wife and neither must have any intent to reconcile. This does not necessarily mean separate households, but if both spouses remain living in the same home, separation may be more difficult to prove. If the spouses chose to remain under one roof while living separate and apart, Plaintiff will generally need at least one independent witness, such as a friend or family member who visits the home frequently, to testify that the spouses have been living separate and apart. The legal requirement for living separate and apart before filing requires at least separate sleeping arrangements and a lack of any physical relationship during the entire separation period--one year for spouses who have minor or legally dependent children together and six months for those that do not.
Any additional questions regarding the separation requirement should be directed to an attorney licensed to practice law in your jurisdiction.
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What are the grounds for filing for divorce in Virginia?
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The two most common grounds are no-fault divorces based upon either a six (6) month separation or a one (1) year separation, depending on whether the spouses have minor children together. Spouses that have minor children together may file for divorce once they have lived separate and apart without any cohabitation and without interruption for one (1) year. Spouses with no minor children together may file for divorce once they have lived separately and apart without cohabitation and without interruption for six (6) months and have entered into a separation agreement.
Note that in any no-fault divorce you and your spouse must have been separated for the required amount of time prior to filing for divorce. For more information on grounds for divorce in Virginia, see Virginia Code Sec. 20-91 and Virginia Code Sec. 20-95. If you intend to file for divorce on a ground other than no-fault, DivorceWriter may not be an option.
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Can I change my name in Virginia divorce proceedings?
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In Virginia, a spouse is entitled to resume either a maiden name or a former name through the divorce proceedings. The Clerk will charge an additional fee for recording a name change, which usually ranges between $120.00-$150.00. Virginia Code Sec. 20-121.4
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What is a corroborating witness?
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Plaintiff is required to bring a corroborating witness to the ore tenus hearing. In the alternative, in counties that allow depositions to be filed in lieu of a hearing, the corroborating witness will sign a deposition in front of a Notary Public swearing to the same facts that he or she would have testified to at a hearing. If your Clerk requests depositions, DivorceWriter will provide them upon request a no additional charge. The Clerk will advise you if depositions are required.
The corroborating witness can be any adult, other than Plaintiff or Defendant, who is at least 18 years of age and who has direct knowledge of the matters concerning the marriage of the Plaintiff and Defendant such as whether they are indeed living separate and apart. His or her knowledge must be based on something more than the information given to the witness in preparation for the hearing/deposition.
The filing procedures included in your DivorceWriter package will include more information on the corroborating witness requirement.
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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 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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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 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 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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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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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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Can a Notary Public take my deposition?
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Yes. In Virginia, depositions may be taken before any person authorized by law to administer oaths and Virginia Notaries Public are authorized to administer oaths.
For more information, see also Virginia Supreme Court Rule 4:3 Persons Before Whom Depositions May Be Taken: (a) Within this Commonwealth. Within this Commonwealth depositions may be taken before any person authorized by law to administer oaths, and if certified by his hand may be received without proof of the signature to such certificate. See also Virginia Code Annotated, §47.1-12, as amended, in Virginia, a Notary Public is a person legally empowered to witness and certify documents and to take affidavits. A notary (i) takes acknowledgments, (ii) administers oaths, (iii) certifies that a copy of any document, other than a document in the custody of a court, is a true copy thereof, (iv) certifies affidavits or depositions of witnesses, and (v) performs such other acts as may be specifically permitted by law.
Despite the above-referenced rules, some people occasionally encounter difficulties locating a Notary Public who will take a deposition and sometimes are told that an attorney must be present for the taking of a deposition. If you encounter such a difficulty in your city/county, you may wish to contact the Court Clerk in an attempt to locate the names of individuals in your area who will take depositions for persons representing themselves in divorce. In the alternative, you may need to follow the procedures for divorce by Ore Tenus hearing instead of by deposition as set forth in Step 4a of the Virginia Divorce Filing Procedures included with your DivorceWriter package.
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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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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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How is child support calculated in Virginia?
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Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.
Additional information on child support in Virginia is available at: Virginia Code Sec. 20-108.2.
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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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See Virginia Code Sec. 20-108.1, which provides a list of 14 different factors, one or more of which may be used to justify a child support amount that is different than the guideline amount.
The DivorceWriter online interview shows you the child support calculation under the guidelines. 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.
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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 reason for deviating from the state calculation.
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.- Create a detailed schedule for vacations, holidays, and special occasions, including beginning and end times, or choose to keep your regular schedule at all times.
- List your parenting schedule priorities to resolve potential conflicts before they arise.
- Designate the amount of time each parent will spend with the child(ren).
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What are the different types of custody in Virginia?
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The following are examples of joint custody: - Joint legal custody where both parents retain joint responsibility for the care and control of the child and joint authority to make decisions concerning the child even though the child's primary residence may be with only one parent;
- Joint physical custody where both parents share physical and custodial care of the child; OR
- Any combination of joint legal and joint physical custody which the court deems to be in the best interest of the child.
With sole custody, on the other hand, one parent retains responsibility for the care and control of a child and has primary authority to make decisions concerning the child. Virginia Code Sec. 20-124.1
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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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What is an Income Deduction Order?
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If you or your spouse wants to have child support payments withheld from the paycheck of the parent that must pay support, an Income Deduction Order must be filed and sent to the employer by the Court. This document orders the employer to withhold support payments and send them to the Virginia Department of Social Services Division of Child Support Enforcement.
If no Income Deduction Order is issued, the payor parent will make the payments to the Division of Child Support Enforcement directly without the income withholding.
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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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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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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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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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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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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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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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I received a notice indicating that the issues of child support, custody, visitation and/or spousal support must be ordered transferred to a specific Juvenile and Domestic Relations Court pursuant to Sec. 20-79(c). What do I do?
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Below is the full text of Sec. 20-79(c):
In any suit for divorce or suit for maintenance and support, the court may after a hearing, pendente lite, or in any decree of divorce a mensa et thoro, decree of divorce a vinculo matrimonii, final decree for maintenance and support, or subsequent decree in such suit, transfer to the juvenile and domestic relations district court the enforcement of its orders pertaining to support and maintenance for the spouse, maintenance, support, care and custody of the child or children. After the entry of a decree of divorce a vinculo matrimonii the court may transfer to the juvenile and domestic relations district court any other matters pertaining to support and maintenance for the spouse, maintenance, support, care and custody of the child or children on motion by either party, and may so transfer such matters before the entry of such decree on motion joined in by both parties. In the transfer of any matters referred to herein, the court may, upon the motion of any party, or on its own motion, and for good cause shown, transfer any matters covered by said decree or decrees to any juvenile and domestic relations district court within the Commonwealth that constitutes a more appropriate forum. An appeal of an order by such juvenile and domestic relations district court which is to enforce or modify the decree in the divorce suit shall be as provided in § 16.1-296.
While the language of the statute is discretionary, some jurisidictions may occasionally require the case to be transferred to the Juvenile and Domestic Relations Court in the county or city where the divorce case was heard. For more information, you may wish to contact the Court Clerk or the law clerk assigned to your case and inquire how transfer is generally accomplished. The clerk's office will not tell you how to accomplish transfer, but may be willing to provide you with general information on how such transfers are generally accomplished when required. In particular, you may also wish to ask if such transfers are commonly accomplished by including a paragraph in the final decree that states that "IT IS ADJUDGED, ORDERED, and DECREED that the issues of child support, custody, and visitation are transferred to the Juvenile and Domestic Relations Court of (enter county/city where divorce was originally heard.)"
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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 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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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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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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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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What if one spouse is in the military?
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- If a member of the armed forces of the United States has been stationed or resided in Virginia and has lived for a period of six months or more in Virginia before the filing of the divorce, then such person shall be presumed to be a resident of Virginia during that period of time.
- Being stationed or residing in Virginia includes, but is not limited to, a member of the armed forces being stationed or residing upon a ship having its home port in Virginia or at an air, naval or military base located within Virginia over which the United States enjoys exclusive federal jurisdiction.
- Any member of the armed forces of the United States who (i) at the time the divorce is filed is stationed in any territory or foreign country and (ii) was living in Virginia for the six month period immediately preceding his or her being stationed in such territory or country, shall be deemed to have been a resident of Virginia during the six months before the divorce filing.
Virginia Code Sec. 20-97
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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 Virginia.
For any documents requiring the notarized signature of a spouse living in a foreign country, consular officials at any U.S. embassy or consulate abroad can provide a service similar to the functions of a notary public in the United States.
If you need to enter a foreign address it is possible. When completing the DivorceWriter online interview, leave the state field as "state" and enter the city and country in the city field, such as "Toronto, Canada."
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What if I have an out of state driver’s license or no license at all?
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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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I am not sure my marriage was legal. Do I even need a divorce?
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DivorceWriter is for people who want to end their marriages. If you have any questions regarding the validity of your marriage, you may need to contact a lawyer.
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What if my spouse 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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What if my spouse is in the military?
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Either you or your spouse must meet the residency requirements in a given state or be stationed there in order to file for divorce in that state. If both parties are willing to sign the papers, ending your marriage when a spouse is in the military is much like a regular divorce.
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What if 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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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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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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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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Where can I find the full-text version of the Virginia divorce statutes online?
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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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