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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 for filing with the Clerk.
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How much does DivorceWriter cost?
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The DivorceWriter fee is just $149.
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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.
Note that choosing to have a non-Virginia resident spouse file for divorce in Virginia may complicate matters. For example, if the non-resident spouse intends to file by mail, he or she must first confirm that this is acceptable in the county of filing. If not, it will be necessary travel there to file in person. Also, the spouse that files for divorce (the Plaintiff) is required to attend a court hearing in the county of filing and bring a corroborating witness along to testify. Thus, it is often easier for the spouse that resides in Virginia to file 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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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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How do I make changes to my documents after receiving my self-prepared Virginia 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:
1) Log into your account at https://www.divorcewriter.com/Home_Login.asp and make changes to your online interview responses. Then, contact customer service at 800-928-7713 or info@divorcewriter.com to obtain copies of your updated documents at no extra charge. At that time, you can choose to either have them e-mailed to you or shipped via priority mail; or
2) Log into your account and email your documents to yourself using the email button on the review page. Customize as needed and print.
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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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How does DivorceWriter work?
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- Complete the pre-buy portion of the online interview.
- After purchase you will have a chance to review your answers and provide any other details such as decisions regarding property and/or any minor children. When you are satisfied, submit your interview for printing.
- DivorceWriter will print and mail you your documents and filing instructions. You will be able to login and access your account at any time for up to a year to make any changes if needed.
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How much does DivorceWriter cost?
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The DivorceWriter fee is just $149.
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What if my spouse and I don't live in the state shown on this page?
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If you and your spouse live in a different state than the one that is shown on this page, click the "State of Residence" box to the left to see whether DivorceWriter supports the state where you live.
If you and/or your spouse recently left the state shown on this page OR only one of you lives in this state, click the "Continue" button to the left to review the residency requirements for this state.
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Will DivorceWriter work in my state?
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Each state has its own divorce forms, which tend to vary a lot in appearance and content. DivorceWriter forms are state-specific and designed for acceptance only in the state of filing selected by the customer.
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What is included in my DivorceWriter package?
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Each package contains the completed forms needed to get a divorce in your state, including step-by-step state-specific filing instructions.
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What do I do after I receive my documents?
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Simply follow the step-by-step filing procedures included with your DivorceWriter documents, which include how and when to sign and file all documents as well as important practical procedural information to help you have a smooth, stress-free filing process.
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How long will it take to receive my documents?
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Complete the easy online interview and click on "submit." Your DivorceWriter document package will be shipped to you via Priority Mail the next business day.
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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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Can I make changes to my documents after I receive them?
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Yes. We realize that your circumstances may change after you receive your DivorceWriter package. DivorceWriter offers easy options for making changes and obtaining new documents at NO ADDITIONAL CHARGE. Simply contact our Customer Service by telephone or e-mail.
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Do I have to have my signature notarized on any documents?
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The state-specific filing instructions you will receive with your DivorceWriter package indicate when and where to sign documents and which documents, if any, require notarization. If notarization is ever required, a separate notary block is provided for each spouse, so that it is not necessary for notarization to occur at the same time or place.
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What is the online interview?
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In as little as 10-15 minutes, the online interview allows you to enter the information needed to complete your divorce forms, all in the privacy of your own home. After completing the online interview, simply transfer your information to our automated system for printing and shipping with just one click.
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I want to use DivorceWriter to prepare my own divorce documents. What do I do next?
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To get started, click on "Start the Process" above. You will be taken to our online interview where, in as little as 10-15 minutes, you can enter the information needed to complete your divorce forms. After completing the online interview, simply transfer your information to our automated system for printing and shipping with just one click.
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What documents will I receive?
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Each DivorceWriter package includes all of the documents needed to obtain a divorce in your state, ready to sign and file. You will also receive easy to understand, step-by-step instructions for filing for divorce in your state.
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What happens after I receive my DivorceWriter documents?
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Just follow the step-by-step instructions included with your DivorceWriter package, which provide detailed information on signing your documents as well as important practical tips to help you have a smooth, stress-free filing process.
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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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Are court filing fees included in the fee?
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The DivorceWriter price does NOT include the filing fee charged by the court clerk when you file for divorce. To obtain the exact filing fee for your county, contact your court clerk.
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How much does DivorceWriter cost?
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For only $149, you will receive all of the documents needed to get a divorce in your state. Step-by-step filing instructions for your state are also included at no additional charge.
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Are DivorceWriter documents legal?
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DivorceWriter's goal is to provide self-help divorce documents. However, DivorceWriter is not a law firm and only lawyers are allowed to issue an opinion regarding the legality of a document and its applicability to your specific circumstances. If you have any doubts as to the applicability of your DivorceWriter purchase to your situation, you may wish to seek the advice of a lawyer licensed to practice law in your jurisdiction.
DivorceWriter offers a full refund if your documents are not accepted by the Court.
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Are LegacyWriter documents legal?
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LegacyWriter's goal is to provide self-help forms for many estate planning needs. However, LegacyWriter is not a law firm and only lawyers are allowed to issue an opinion regarding the legality of a document and its applicability to your specific circumstances. If you have any doubts about the applicability of your LegacyWriter purchase to your situation, you may wish to seek the advice of a lawyer licensed to practice law in your jurisdiction. If you are not 100% satisfied with your purchase, we will gladly refund the purchase price.
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Will LegacyWriter documents work in my state and/or in my situation?
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LegacyWriter's goal is to provide self-help forms for many estate planning needs. However, LegacyWriter is not a law firm and only lawyers are allowed to issue an opinion regarding the legality of a document and its applicability to your specific circumstances. If you have any doubts about the applicability of your LegacyWriter purchase to your situation, you may wish to seek the advice of a lawyer licensed to practice law in your jurisdiction. If you are not 100% satisfied with your purchase, we will gladly refund the purchase price.
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Will DivorceWriter documents work in my state and/or in my situation?
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DivorceWriter's goal is to provide self-help divorce documents. However, DivorceWriter is not a law firm and only lawyers are allowed to issue an opinion regarding the legality of a document and its applicability to your specific circumstances. If you have any doubts as to the applicability of your DivorceWriter purchase to your situation, you may wish to seek the advice of a lawyer licensed to practice law in your jurisdiction. DivorceWriter offers a full refund if your documents are not accepted by the Court.
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How do I change my password?
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You can change your password by logging back into your DivorceWriter account using this link: www.divorcewriter.com
On the Review page of your online interview, select the "EDIT" tab next to "Account Email." You will also need to enter your old password in this section in as well as your new password.
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How do I make changes to my existing DivorceWriter account?
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If you already have a DivorceWriter account and need to make changes to your online interview responses, you may log in to your account here: www.divorcewriter.com/Home_Login.asp
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What will be listed as the return-address on my DivorceWriter document package?
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To ensure privacy, our mailing envelopes DO NOT list DivorceWriter as the return-addressee. Pro Se Planning, Inc., the name of our parent company, is listed instead.
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Can I use DivorceWriter in my state?
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DivorceWriter offers documents for the following states: Arizona, California, Colorado, Florida, Georgia, Illinois, Indiana, Kentucky, Michigan, Nevada, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, Virginia, Washington. Your documents will be accepted for filing or your money back--100% guarantee.
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I finished the online interview. How long will it take to receive my documents?
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DivorceWriter promptly ships your document package to you via Priority Mail the next business day.
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Do any documents require notarization?
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The filing instructions included with your DivorceWriter package will provide additional information if any documents require notarization.
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What 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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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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How much is the filing fee in Virginia?
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County divorce filing fees are NOT included with your DivorceWriter purchase. 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
- Order of Restoration of Name
(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
- Income Deduction Order
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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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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....
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Do we have to be separated to get a divorce in Virginia?
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List the date that you and your spouse began living apart without cohabitation and without interruption. If you do not remember the exact day, use the last day of the month along with the year when it began.
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 you and your spouse chose to remain under one roof while living separate and apart, Plaintiff will want at least one independent witness, such as a friend or family member who visits the home frequently, to testify as to your 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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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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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 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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What is a corroborating witness?
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Plaintiff is required to bring a corroborating witness to the ore tenus hearing. 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 to which he or she will testify. His or her knowledge must be based on something more than the information given to the witness in preparation for the hearing.
The Plaintiff must be prepared to ask the relevant questions of the corroborating witness. The questions asked of the witness must support the allegations in the Complaint. Sample testimony for Plaintiff as well as sample questions for the corroborating witness are included in the written filing procedures that accompany the self-prepared Virginia DivorceWriter package.
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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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Can the wife change her name back during the divorce?
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Yes, if a name change is desired, the necessary information will be requested in the Additional Details portion of the DivorceWriter online interview.
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How 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 following as the reason for deviating from the state calculation: There is a prior child support order under Case No. (enter case number) that was issued by (enter court name) on (enter date of order).
Note that the information will be transferred to the applicable documents exactly as it is entered by the customer. Generally, you will also be expected to staple one copy of the prior child support order to each copy of the Settlement Agreement (sometimes called a Separation Agreement) that you will file with the Court later in the divorce process.
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Will we be able to customize our documents to fit our specific custody and visitation arrangement?
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DivorceWriter accommodates parents who want to share joint legal custody while designating one parent to have primary physical custody of the children.
Choose to customize as little or as much as you need.- 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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Can we customize our documents to fit our spousal support needs?
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You can choose:- No spousal support
- Spousal support paid in periodic payments for a set duration
- Spousal support paid in a lump sum
Spouses who choose a combination of a lump sum payment with periodic payments for a set duration can enter the periodic payments here in the Spousal Support Section of the interview. Then, the one-time, lump sum payment can be added as either a property item or as a debt by returning to the appropriate section of this interview and listing it there. Customers may prefer to list the lump sum payment as property if it has already been paid. Alternatively, customers may wish to list it as a debt with the payor spouse as the creditor if it has not yet been paid.
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Do I enter child support information here also?
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No. This section is for spousal support only. Enter information here if one spouse will be paying support for the care and benefit of the other spouse. Child support, which is paid for the support and care of a child, will be asked about later in this interview.
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What 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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Is spousal support commonly awarded?
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Only about 10% of DivorceWriter customers choose "yes" to spouse spousal support.
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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 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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Can we divide one or more retirement plans?
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The DivorceWriter online interview allows spouses who have agreed to split one or more retirement plans to indicate the exact percentage that each spouse will receive of the retirement plan.
DivorceWriter cannot provide legal advice and cannot provide you with a Qualified Domestic Relations Order (QDRO). Contact an attorney and/or the retirement plan administrator for assistance in drafting a QDRO.
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Can we divide/list as many items of personal property as we want?
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Choose to list all, some, or no property. The customer decides which property, if any, to list, although some courts require that at least real estate, vehicles, retirement accounts, property with titles, and/or other valuable property be listed. Spouses who have agreed to split one or more pieces of personal property can make a new entry for each spouse for each item to be divided, and then indicate the exact percentage that each spouse will receive.
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Can we divide as many items of personal property as we want?
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Choose to list all, some, or no property. The customer decides which property, if any, to list, although some courts require that at least real estate, vehicles, retirement accounts, property with titles, and/or other valuable property be listed.
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Can we divide/list as many debts as we want?
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Choose to list all, some, or no debts. The customer decides which debts, if any, to list, although some courts require debts related to real estate, vehicles, property with titles, and/or other valuable property to be listed as well as joint debts.
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Do I need to list the legal description of my real estate?
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It is generally sufficient to just list the physical address of the property (street, city, state, zip), but some customers also list the legal description, which can be found on the deed and/or mortgage documents.
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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 if one spouse is in the military?
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If both parties are willing to sign the papers, ending your marriage when a spouse is in the military is generally much like a regular dissolution or divorce, although there may be as many as three possible jurisdictions where the dissolution or divorce can be filed: - The legal residence of the military member
- The legal residence of the spouse
- The state where the servicemember is stationed
Typically, either you or your spouse must reside in Virginia or be stationed there in order to file for divorce there. For additional information on residency requirements, the servicemember may wish to contact his or her local JAG office.
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What if one spouse is in the military?
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- If 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 I have an out of state driver’s license or no license at all?
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Lack of a valid in-state driver’s license could pose a problem if the spouse without the license is filing the initial divorce documents as it may be difficult to prove that he or she meets the residency requirements. Lack of any license at all could pose an issue when it comes to positive identification if needed in court or to verify identity for notarization purposes.
However, most counties don't require any form of identification to file for divorce. Contact the Court Clerk if you have additional questions.
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What if my spouse is in the military?
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Typically, either you or your spouse must meet the residency requirements in a given state or be stationed there in order to file for dissolution or divorce in that state. If both parties are willing to sign the papers, ending your marriage when a spouse is in the military is much like a regular dissolution or 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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