Help Center

Q: What is the easiest grounds for divorce in New Jersey?

A: Before 2007, the only no-fault grounds for divorce in New Jersey required the spouses to live at entirely different residences for at least eighteen (18) months. However, because most people found this to be overly restrictive, an additional no-fault grounds was added in 2007 that allows for a divorce when the couple has experienced irreconcilable differences that have caused the breakdown of the marriage for six (6) months or more. This new law has no separation requirement, which means that two people can now file for divorce under this cause of action, even if they still live together, as long as their marriage has been broken down for at least six (6) consecutive months. N.J.S.A. 2A:34-2.

Q: What are the Texas residency requirements for filing for divorce?

A: To file for divorce in Texas, either the Petitioner or the Respondent must: (1) have lived in Texas for at least six months before the divorce is filed and (2) have been a resident of the county in which the divorce is filed for at least 90 days before the filing date.

Additionally, if one spouse has been living in Texas for at least the last six months, then the other spouse, even if he or she lives in another state or country, may file for divorce in the Texas county where the Texas resident spouse is living at the time the divorce is filed.

See Texas Family Code Sec. 6.301 and 6.302.

However, choosing to have a non-Texas resident spouse file for divorce in Texas 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 to travel there to file in person. Also, the spouse that files for divorce (the Petitioner) is required to attend a court hearing in the county of filing. Thus, it is often easier for the spouse that resides in Texas to file for divorce.

Q: How do I serve my spouse with the divorce papers in New Jersey?

A: The standard process for serving divorce papers in New Jersey is:

The Plaintiff mails a copy of the divorce papers to the Defendant by both regular U.S. mail and certified mail with return-receipt requested. The Defendant then accepts service of process by signing an Acknowledgment of Service of Summons and Complaint 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.

Note: The blanks on the Acknowledgment of Service should be filled in with the date that the Defendant actually signs that document in front of a Notary Public. The 35-day waiting period for default divorce (see Step 4a of the New Jersey Divorce Procedures included with your DivorceWriter package) begins to run on the day after the date that the Defendant signs the Acknowledgment of Service in front of a Notary Public.

Q: Is a hearing required to get a divorce in New Jersey?

A: Yes, the spouse that filed for divorce attends a brief hearing in order to finalize the divorce.

Q: Where do I file the divorce documents in New Jersey?

A: In New Jersey, divorces are filed at the county Superior Court, Chancery Division, Family Part.

Q: What are the requirements for filing for divorce in New Jersey?

A: You may file for divorce in New Jersey if at least one spouse:

1. Was living in New Jersey when you reached six (6) months of irreconcilable differences and at least one spouse has been living in New Jersey for at least a year;
   
   OR
   
   
2. Has lived in New Jersey for a year or more since the date the spouses reached six (6) months of irreconcilable differences, regardless of where the six months of irreconcilable differences began or ended.

Q: Where do I file the divorce documents in Kentucky?

A: Divorces are filed at the Circuit Court Clerk's office in the county of filing. The county of filing is most commonly the county where the Plaintiff lives although the county where the Defendant lives is also an option.

Q: Will my documents be completed or will I have to fill them out myself when I receive them?

A: 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, Ohio requires persons filing for divorce to complete affidavits pertaining to income, expenses, and property. Much of the information on these forms must be filled in by the customer as well.

Q: What are the grounds for filing for divorce in Minnesota?

A: Minnesota is a no-fault divorce state. For a Minnesota no-fault divorce, the spouse must allege that there has been an irretrievable breakdown of the marriage relationship.

Q: Will DivorceWriter documents work in my state and/or in my situation?

A: DivorceWriter provides self-help divorce documents and instructions. DivorceWriter is not a law firm, and because we are not lawyers, the laws governing self-help legal products prohibit us from making an assessment as to the applicability of our product to the specific circumstances of our customers. 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 the court rejects your documents due to an issue with our forms. Please visit divorcewriter.com/guarantee for more information regarding our guarantee.

Q: I finished the online interview. How long will it take to receive my documents?

A: In all jurisdictions, DivorceWriter provides flexible document delivery options:

• Digital delivery via email: Log into your account and select the "Email Documents" button to receive your completed paperwork package.
• Priority Mail shipping: Have your documents professionally printed and shipped directly to you via Priority Mail, which typically takes 3–4 business days for delivery.

Q: What happens after I receive my DivorceWriter documents?

A: 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.

Q: What are the Michigan residency requirements for filing for divorce?

A: State Residency Requirement: 180 days
At least one spouse must have resided in Michigan for at least 180 days immediately before the divorce is filed.

County Residency Requirement: 10 days
If both spouses have lived in Michigan for at least 180 days immediately before the divorce is filed, then the divorce should be filed in the county where the spouses have lived for at least 10 days. If they have not lived in the same county, this means that there could be two counties where the divorce could be filed, in which case, it doesn't matter.

If only one spouse has lived in Michigan for at least 180 days immediately before the date of filing, the divorce should be filed in the county where that spouse has resided for at least 10 days before filing.

Q: I want to use DivorceWriter to prepare my own divorce documents. What do I do next?

A: 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. Get your documents immediately using the instant download option or have them printed and shipped to you via Priority Mail.

Q: What if I need additional documents that were not included in my DivorceWriter package?

A: Contact customer service at info@divorcewriter.com with the name or form number of the document(s) you need. We have many supplemental documents available that can be emailed to you for immediate printing.

Q: How do I make changes to my documents after I receive them?

A: To make changes to your documents, follow these steps:

1. Log in at divorcewriter.com/login if not already signed in to your account.
2. Under Divorces, select the divorce you would like to make changes to, then click View/Update.
3. On the left-hand side of the interview, in the Navigation section, click the section you would like to edit.
4. Make your changes, then click Continue at the bottom of the page to save your changes.
5. Once all changes have been made, on the Divorce Review page, under Shipping Status, click E-mail Copy of Documents to Me.

Q: Can you overnight my documents to me so that I can have them right away?

A: DivorceWriter provides flexible document delivery options:

• Digital delivery via email: Log in to your account and select the "Email Documents" button to receive your completed paperwork package.
• Priority Mail shipping: Log in to your account and select the "Order Printing" button to have your documents professionally printed and shipped directly to you via Priority Mail.

Q: What are the residency requirements for filing for divorce in Oregon?

A: If you were married in Oregon, you can file for divorce there as long as one spouse is living there now, regardless of how long he or she has been living there. If you were not married in Oregon, one spouse must have lived in Oregon for at least six (6) months immediately before filing for divorce. For additional information see Oregon Revised Statutes 107.075.

The divorce is filed in the Circuit Court for the county where either spouse lives. For additional information, see Oregon Revised Statutes 107.086.

Q: What are the grounds for filing for divorce in Oregon?

A: The no-fault grounds for divorce in Oregon is that irreconcilable differences between the parties have caused the irremediable (impossible to fix) breakdown of the marriage. For additional information, see Oregon Revised Statutes 107.025.

Q: How do I change my password?

A: To change your password you must first log back into your account at divorcewriter.com/login
Then on the Review page of your online interview, select the "EDIT" tab next to "Account Email." From here you can update your password.

Q: How do I make changes to my interview responses?

A: With a DivorceWriter purchase, you can make free unlimited revisions for two years. To make changes to your interview responses, follow these steps:

1. Log in at divorcewriter.com/login if not already signed in to your account.
2. Under Divorces, select the divorce you would like to make changes to, then click View/Update.
3. On the left-hand side of the interview, in the Navigation section, click the section you would like to edit.
4. Make your changes, then click Continue at the bottom of the page to save your changes.
5. Once all changes have been made, on the Divorce Review page, under Shipping Status, click E-mail Copy of Documents to Me.

Q: How long does it take to get a divorce in Texas?

A: Under Texas law, the quickest a divorce can be finalized is 61 days from the date you filed.

Q: Can I use DivorceWriter in my state?

A: DivorceWriter provides divorce documents for almost every U.S. state and the District of Columbia. To check availability for your state, visit divorcewriter.com/online-divorce and select your state from the dropdown menu.

DivorceWriter documents are state-specific and designed for acceptance only in the state and county of filing selected by the customer. DivorceWriter offers a full refund if the court rejects your documents due to an issue with our forms. Please visit divorcewriter.com/guarantee for more information regarding our guarantee.

Q: What is the online interview?

A: 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.

Q: How does DivorceWriter work?

A: Completing and filing your paperwork involves the following steps:

• Complete pre-buy interview: Complete the basic portion of the online interview and select your delivery option.
• Submit payment: Set up your DivorceWriter account and submit your payment.
• Finish full interview: Submit the finished online interview, which asks for additional details regarding your property, debts, and children (if any).
• Receive and file your documents: Receive your divorce package by email or via USPS Priority Mail, then follow the included state-specific filing procedures for signing and filing your documents with the courthouse.

Q: Does DivorceWriter provide documents for annulments?

A: No, DivorceWriter does not currently provide documents for annulments.

Q: Can my spouse and I get a divorce if we are still living together?

A: Yes. You can divorce while still living in the same residence with your spouse.

Q: Are DivorceWriter documents legal?

A: 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 the court rejects your documents due to an issue with our forms. Please visit divorcewriter.com/guarantee for more information regarding our guarantee.

Q: How can I verify DivorceWriter's business registration or the licensing of people handling my documents?

A: DivorceWriter is operated by Pro Se Planning, Inc., a Washington corporation. Corporate registration information may be independently verified through Washington State business records. DivorceWriter does not maintain a physical customer service location for in-person visits. DivorceWriter does not provide telephone customer support.

Our mailing center address is:
DivorceWriter Mail Center
6938 Elm Valley Dr., Suite 102
Kalamazoo, MI 49009

DivorceWriter is an online document self-preparation product. There is no licensed attorney or document preparer review of customer documents. For more information about the company, see About Us.

Customer service is provided by email only at info@DivorceWriter.com, Monday through Friday.

Pro Se Planning, Inc. is not BBB Accredited, but maintains an A+ rating with the Better Business Bureau.

Customers may also review independent customer feedback about DivorceWriter on Trustpilot, where DivorceWriter has received more than 1,200 Customer Reviews.

Q: 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?

A: 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.

Q: Does it matter which spouse files for divorce?

A: Generally speaking, both spouses should have the same rights in a divorce proceeding regardless of which one actually files for divorce. That being said, keep in mind that, depending on the state, the spouse who files may be responsible for one or more of the following tasks: (1) filing of the actual divorce paperwork at the court clerk's office, (2) paying the required filing fee, (3) fulfilling any requirements for serving the other spouse, (4) being the contact person for any future interactions with the court clerk and (5) attending the divorce hearing, if required in your state. Please note that the filing procedures you will receive with your DivorceWriter package will provide step-by-step information on the divorce process, and depending on your state, not all of these obligations will be required of the Petitioner/Plaintiff.

Note: DivorceWriter is not a law firm, and because we are not lawyers, the laws governing self-help legal products prohibit us from providing any assistance to customers in determining which spouse should file for divorce.

Q: How do I serve divorce papers on an uncooperative spouse?

A: When your spouse signs a waiver or acceptance of service, formal service isn't necessary. DivorceWriter is designed for couples who have reached an agreement on all issues and are both willing to sign any paperwork needed to complete an uncontested divorce as quickly, easily and inexpensively as possible. For that reason, DivorceWriter is unable to assist you if your spouse refuses to sign paperwork.

More information on serving an uncooperative spouse is available here.

Q: What is DivorceWriter's contact information?

A: Inquiries of a non-legal nature may be directed to:

Email: info@DivorceWriter.com
Address: DivorceWriter, 6938 Elm Valley Dr Suite 102, Kalamazoo, MI 49009

For the fastest response, please contact us at info@DivorceWriter.com. Responses are sent Monday through Friday.

Q: Can I use DivorceWriter if there is an active protective order?

A: You have the right to file for divorce without an attorney even if one spouse has an order of protection against the other. However, it may be difficult to do so if one spouse is unwilling to cooperate, and even if both spouses can cooperate, it may violate the protective order for the spouses to be in contact. On the Residency Page of DivorceWriter's online interview, there's a question about other related cases. If there is an active protective order, select "yes." Depending on your state, once you receive your completed divorce documents, you may need to self-customize certain portions to provide information about the protective order (court, judge's name, case number, date of order) and also provide a copy of the order to your divorce judge. Learn more about divorce with a protective order here.

Q: Do I have to go to court to finalize my divorce?

A: Whether you have to go to court depends on the state where you file. Approximately half of the states allow an uncontested divorce to be finalized without either spouse appearing in court, while the remaining states require at least one hearing.
You can check your state's specific hearing requirements here.

Q: How does the DivorceWriter process work from start to finish?

A: The DivorceWriter process is simple and broken down into a few clear steps:

1. Qualifying & Pre-Buy Interview: Select your state on our start page and click "See if you qualify" to complete a few basic state qualifying questions.
2. Delivery Options & Checkout: Select your delivery preference (email delivery or optional printed & mailed hard copies), then complete your purchase on the checkout page using any major credit or debit card.
3. Receipt & Detailed Online Interview: From your receipt page, move directly into the detailed interview to enter specific information regarding property division, parenting plans, child support, and assets.
4. Document Delivery & Filing: Your completed court paperwork is sent to your email (or shipped via mail if optional printing was purchased), complete with customized Signing and Filing Procedures for your court.

Q: How do I request my documents be printed?

A: To order printing and shipping, follow these steps:

1. Log in at divorcewriter.com/login if not already signed in to your account.
2. Under Divorces, select the divorce you want printed and shipped, then click View/Update.
3. On the left-hand side of the interview, in the Navigation section, click on Review.
4. On the Divorce Review page, under Order Printing, click Order Printing.
5. On the payment screen, enter your shipping address and payment information, accept our terms of use, then click Submit Payment.

Q: I didn't ask the judge to change my last name when I got divorced. Is it too late?

A: Generally, if you did not change your name when you got divorced, you can file a request with the court that granted your divorce asking that the grant the name change without you having to file a petition for a name change in another court. This is usually the case even if has been many years since your divorce was finalized.

Q: 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?

A: 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.

Q: How do I serve a spouse that lives in a different state or country?

A: The process for serving a spouse that lives in another state or country depends on the state where the divorce is going to be filed. In states that require formal in-person service by a Sheriff or private process server, the filing spouse will need to make arrangements for service by the Sheriff in the county where the non-filing spouse lives or by a private process server in that state. However, in many states, formal service by a Sheriff or process server is not required when your spouse is willing to sign the necessary documents. Your DivorceWriter procedures will specify which type of service is required in your state. Helpful information regarding the service process can be found here.

Note: A few states require in-person service, but allow it to be made by a friend or other "helper" selected by the filing spouse as long as that person is a competent adult living in the filing state. In those states, service on a spouse living in a different state or foreign country must be made by a Sheriff or private process server as described above.

Q: Do we include step-children in our divorce?

A: No. Only include children to whom both spouses are the legal parent.

If you're filing for divorce in a state where the child support calculation requires information on child support paid or received for a spouse's children of a prior relationship, it will be requested in the DivorceWriter online interview.

Q: How much is the filing fee in Vermont?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price.

When the parties file a Final Stipulation, they are eligible to pay a reduced filing fee of $90.00. Instructions on filing a Final Stipulation in order to be eligible for the reduce filing fee are provided in Step 1 of the filing procedures you will receive with your DivorceWriter package. Note: If the parties do not file a Final Stipulation, the filing fee is $295.00.

Q: Is DivorceWriter legitimate or a scam?

A: DivorceWriter is a legitimate, US-based legal document service operating online since 2005. We maintain an A+ rating with the Better Business Bureau (BBB) and have earned over 1,200 reviews on Trustpilot. All orders are backed by our 100% Court Approval Guarantee.

Q: Can I create another divorce in my account?

A: Yes, you can purchase additional divorces from your Account Summary page. To create another set of divorce documents, follow these steps:

1. Log in at divorcewriter.com/login if not already signed in to your account.
2. On the Account Summary page, under Returning Customer Discount, select the state you will file in, then click Purchase New Divorce.
3. On the payment screen, enter your payment information, accept our terms of use, then click Submit Payment.

Q: Does DivorceWriter provide notary services?

A: While DivorceWriter is not a notary public itself, we partner with an online notarization provider to help you get your documents notarized quickly from home. To access our partner service and view step-by-step instructions, visit our online notarization guide.

Q: Does DivorceWriter provide a service agreement or itemized bill?

A: DivorceWriter provides an email receipt confirming the purchase.

Customers receive their DivorceWriter documents all at once along with step-by-step instructions for completing a divorce in your state on your own without an attorney.

There are no hidden, recurring or subscription fees. Because the service is purchased as a single package, there is no separate itemized charge for each individual divorce document included in the package.

The DivorceWriter Terms of Use govern the terms of the purchase.

Q: I paid for DivorceWriter, but I didn't create an account. How do I finish my forms?

A: An account was automatically created for you as soon as your payment went through. Your login ID is the email address you used at purchase. To log in and resume your paperwork:

1. Go to the DivorceWriter Login page.
2. Enter the email address you used during checkout.
3. If you didn't set a password or can't remember it, click Forgot Password? to reset it.
4. Once logged in, click on the divorce on your Account Summary page to pick up the online interview right where you left off.

Q: Can I file for divorce by mail?

A: Many courts allow divorce documents to be filed by mail. Generally, this is done by mailing the required forms, filing fee (or fee waiver request), and any additional required documents (with copies) to the appropriate court clerk. Often self-addressed stamped envelopes should also be included. Learn more about filing for divorce by mail here.

Q: What's the difference between an Acknowledgement and a Jurat?

A: With an Acknowledgement, the notary is certifying that the signer appeared before the notary with identification, usually a valid driver's license or other picture ID, and acknowledged that he or she is the person who signed the document. With a Jurat, the notary also confirms the identity of the person signing, but also requires that person to swear under oath or affirmation as to the truth of the statements contained in the document.

An Acknowledgement may be signed outside the presence of the notary, if desired, and may be signed by an authorized representative, if necessary. However, a jurat must be signed in front of the notary and can only be signed by the person named in the document.

Examples of typical jurat wording:

• "I, (signer's name), first duly sworn..."
• "I do so agree and covenant..."
• "I affirm or testify that..."

Q: Can I get divorced without going to court in New Jersey?

A: In a handful of New Jersey counties (Atlantic, sometimes Camden, Cape May, Hudson, Mercer, Middlesex, Somerset, and Warren) you can get a divorce without going to court. To do this, a Request to Enter Default with a Supporting Certification is filed with the Court. This is explained near the end of Step 3a in the step-by-step filing procedures included with your New Jersey DivorceWriter documents.

Q: How will my documents be delivered?

A: During checkout, you will select your preferred delivery method. DivorceWriter offers three delivery options:

• Email: Download and print your documents from your inbox.
• USPS Priority Mail: Receive a hard copy of your documents.
• Both: Get an electronic copy by email plus a printed package in the mail.

Q: Can I change my last name?

A: Either spouse can resume a former last name as part of a divorce.

Top 5 Name Change Questions

Post-Name Change Concerns

Q: Can I e-file my divorce papers?

A: Many courts allow divorce documents to be filed electronically, but e-filing availability varies by state, county, and sometimes by the type of case. Learn more about divorce e-filing, including how to determine whether your court accepts e-filed documents and which e-filing system to use here.

Q: I changed my mind after filing for divorce. How do I stop the divorce now?

A: If the divorce has not yet been granted, you can ask the court to dismiss your divorce case or postpone the proceedings if you and your spouse decide not to move forward or need more time. The process varies by state and may depend on how far the case has progressed. Learn more about stopping or postponing a divorce.

Q: Who is the legal parent of the child?

A: Visit divorcewriter.com/pregnancy-legal-parentage-and-divorce to learn more about Learn more about legal parentage issues.

Q: Are the forms up-to-date?

A: The revision date shown in the footer of each form indicates the last time that particular form was updated by the state or county. Agencies change forms only as needed, so revision dates are rarely the same and may vary by many years or even decades. Different revision dates do not mean the forms are outdated. Not all forms have a revision date. Please visit divorcewriter.com/are-revision-dates-current to learn more about form revision dates.

If you are concerned that you may not have the most recent version of a document, email customer support at info@DivorceWriter.com with: (1) the name of the document; (2) the revision date on the form we provided; and (3) the revision date on the form you received from the state or county.

Q: Did you receive my order or payment for my divorce documents?

A: If your divorce package purchase went through, your DivorceWriter account will reflect an Interview Incomplete divorce on the Account Summary page. Please log in at divorcewriter.com/login to check your divorce status under Divorces.
Should you have questions regarding an order, please email customer support at info@DivorceWriter.com with the email address associated with the account and the last four digits of the card that was used.

Q: Does DivorceWriter contact my spouse or send them a notification to complete the interview?

A: No. DivorceWriter communicates exclusively with the purchasing account holder and never emails, contacts, or notifies your spouse. The account holder completes the entire online interview, including any required information about the spouse. Spouses do not receive separate account logins or interview links.

Q: Where can I leave feedback?

A: After you make a purchase, we'll send you an email inviting you to write a review.

Q: Can I sign my documents using an electronic signature service?

A: How divorce papers should be signed depends on how they will be filed and whether a document requires notarization.

If filing in person or by mail, documents need to be signed with a handwritten signature in ink.

If e-filing, almost all state courts allow a typed electronic signature, such as /s/ Jane Doe, although the required format varies by state. For state-specific electronic signature formats and more information about wet signatures, electronic signatures, electronic signature services, and notarization, see How to Sign Divorce Papers. A paid electronic signature service such as DocuSign, Adobe Acrobat Sign, PandaDoc, or Dropbox Sign can also be used to electronically sign documents. However, because simply typing the correct electronic signature format on the signature line creates a valid electronic signature, an electronic signature service is generally unnecessary.

DivorceWriter's filing procedures explain when each document should be signed and identify documents that require notarization.

Q: What happens if the court rejects DivorceWriter documents or asks for corrections?

A: If a court rejects DivorceWriter documents or requests corrections, email the court's written rejection notice or other instructions to info@DivorceWriter.com.

If state-specific documents are rejected because of an issue with DivorceWriter's forms, the Court Acceptance Guarantee may provide a full refund, subject to the terms of the guarantee.

For more information, see the DivorceWriter Court Acceptance Guarantee.

Q: How to access my documents before paying to look them over?

A: You cannot preview or access your completed court documents before payment. Once you complete your purchase and finish filling out the online interview, your completed paperwork is generated instantly for you to download. Remember, your purchase includes 2 full years of unlimited revisions. If you review your actual documents after payment and realize you need to change something, you can log back into your account anytime to update your answers and instantly regenerate your forms at no extra cost.

Q: Where can I get more information on divorcing an active-duty servicemember?

A: Learn more about military divorce, including military addresses, notarization, retirement benefits, and other military-specific considerations here.

Q: Does anyone prepare or review my DivorceWriter documents for me?

A: No. DivorceWriter documents are generated by an automated system that transfers the information provided in the online interview to the applicable divorce forms. No attorney or legal document preparer is assigned to prepare or review each customer's documents.

Customers should carefully review the completed documents before signing or filing them to make sure the information entered in the interview is complete and accurate.

DivorceWriter maintains and updates its document system.

Q: I legally changed my name to something other than my spouse's last name after I got married. What name do I use when filing for divorce?

A: Always use your current legal full name when filing for divorce. This is the case regardless of whether you took your spouse's last name when you married, and also applies if you legally changed your name by filing a name change petition during your marriage and now want to resume any former last name you ever legally held.

If you are unsure of your current legal name, use the name shown on the most recent official document that legally established your name, such as a marriage certificate or name change order.

Q: We were married in a foreign country. Can we divorce in the U.S.?

A: 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.

Q: How to I get a Qualified Domestic Relations Order (QDRO) to separate a retirement plan or account?

A:

DivorceWriter has partnered with QDRODesk, a service that assists customers with preparing a QDRO and completing the retirement-plan division process. Get started with QDRODesk.

If a retirement account will be divided as part of a divorce, a separate court order called a Qualified Domestic Relations Order (QDRO) may be required, depending on the type of retirement plan. A QDRO is not required to obtain the divorce itself. Instead, it directs the retirement plan administrator to divide retirement benefits according to the terms of the Marital Settlement Agreement and/or Final Decree or Judgment.

There are two common ways a QDRO may divide retirement benefits:

Shared payment: The nonemployee spouse generally receives a share of the benefits when the employee spouse receives benefits.

Separate interest: The nonemployee spouse is assigned a separate benefit and may be able to receive or roll over that share independently, subject to the terms of the retirement plan.

QDRO requirements vary by retirement plan. The order must be prepared specifically for the plan involved and is typically submitted to the plan administrator for review before being signed by the judge.

Q: Can I get divorced without going to court in New Jersey?

A: In a handful of New Jersey counties (Atlantic, sometimes Camden, Cape May, Hudson, Mercer, Middlesex, Somerset, and Warren) you can get a divorce without going to court. To do this, a Request to Enter Default with a Supporting Certification is filed with the Court. This is explained near the end of Step 3a in the step-by-step filing procedures included with your New Jersey DivorceWriter documents.

Q: What is DivorceWriter's address and customer service phone number? Where are you located?

A: Customer service is provided by email only at info@DivorceWriter.com, Monday through Friday. DivorceWriter does not provide telephone customer support.

DivorceWriter does not maintain a physical customer-service location for in-person visits. Our mailing address is:
DivorceWriter Mail Center
6938 Elm Valley Dr., Suite 102
Kalamazoo, MI 49009

Q: 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?

A: 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.

Q: Does DivorceWriter share, sell or disclose customer information?

A: DivorceWriter does not rent, sell or share personal information with other people or nonaffiliated companies except to provide products or services requested by the customer, when the customer has given permission, or in the limited circumstances described in the DivorceWriter Privacy Policy. For more information, see the DivorceWriter Privacy Policy.

DivorceWriter does not provide personal information to advertisers when a customer views or interacts with a targeted advertisement.

Q: How do I sign up and pay for DivorceWriter?

A: To sign up for DivorceWriter, select your state from the dropdown on our start page and click "See if you qualify." After completing a few simple pages of interview questions, you will be taken to the checkout page where you can complete your purchase using any major credit or debit card (Visa, MasterCard, Discover, or American Express).

Q: What if I have adult children from this marriage?

A: Do not enter information about adult children of the marriage in the online interview. Information concerning adult children of the marriage will be need to be hand-written into the Joint Petition. You will need to customize the Findings of Fact, Conclusions of Law, and Judgment by checking the correct box and hand-writing in the information concerning the adult children. To customize, you may log into your account at www.divorcewriter.com/login. 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. Then, customize as needed, save and print.

Q: My documents were rejected. What should I do next?

A: If the court rejected your state-specific documents due to an issue with our forms, please email customer support at info@divorcewriter.com with your written rejection notice.

If you did not receive a written rejection notice, please provide:

1. The names of the rejected documents, and
2. The court’s reason for the rejection.

Q: What is included in the divorce package?

A: The DivorceWriter package includes filing procedures and all the documents needed to complete your divorce. These state-specific forms cover property, debt, spousal support, child support, parenting plans, name changes, and more.

• Delivery: Receive your documents by email or in the mail.
• Revisions: Make unlimited revisions for two years.

Q: Do I ever list children that are over 18? How do I include support for an adult child in my divorce documents?

A: Parents who want to include provisions for the care or continued financial support of an adult child who is still in high school, attending college, or dependent on the parents because of a disability or other reason can do so by following these steps:

1. Select "yes" when asked whether there are minor children, even if the only child is over 18.
2. Complete the child-related interview questions. If a required question does not apply to the adult child (e.g., custody or parenting time), temporary placeholder information may be needed to complete mandatory fields or questions.
3. After completing the interview, download and self-customize the applicable documents to accurately describe the adult child's circumstances and any agreed arrangement for care or financial support.

Q: How do we split a retirement plan?

A:

DivorceWriter has partnered with QDRODesk, a service that assists customers with preparing a QDRO and completing the retirement-plan division process. Get started with QDRODesk.

If a retirement account will be divided as part of a divorce, a separate court order called a Qualified Domestic Relations Order (QDRO) may be required, depending on the type of retirement plan. A QDRO is not required to obtain the divorce itself. Instead, it directs the retirement plan administrator to divide retirement benefits according to the terms of the Marital Settlement Agreement and/or Final Decree or Judgment.

There are two common ways a QDRO may divide retirement benefits:

Shared payment: The nonemployee spouse generally receives a share of the benefits when the employee spouse receives benefits.

Separate interest: The nonemployee spouse is assigned a separate benefit and may be able to receive or roll over that share independently, subject to the terms of the retirement plan.

QDRO requirements vary by retirement plan. The order must be prepared specifically for the plan involved and is typically submitted to the plan administrator for review before being signed by the judge.

Q: Are DivorceWriter forms reviewed by attorneys?

A: Attorney review is not part of the DivorceWriter service. DivorceWriter does not represent that an attorney reviews or approves the form templates used by the automated system.

An attorney also does not review a customer's completed documents after they are generated. DivorceWriter's automated system transfers the information provided by the customer to the applicable forms and generates the document package based on the answers entered in the online interview.

DivorceWriter does not review a customer's answers for legal sufficiency, apply the law to the customer's individual circumstances or provide legal advice. Customers representing themselves are responsible for reviewing their completed documents before signing and filing them.

Q: Do we need a quit claim deed to complete the transfer of jointly held real estate?

A: Generally, when spouses jointly own real estate, it will be necessary for the other spouse to sign a quit claim deed at some point surrendering their interest in the property. However, the timing matters, especially when the property has a mortgage or other secured indebtedness. Visit divorcewriter.com/quitclaim-deeds-and-divorce to learn more about quit claim deeds.

Q: How do I check the status of my divorce package or order?

A: To check on the status of your divorce package, follow these steps:

1. Go to divorcewriter.com/login to log in to your account.
2. Under Divorces, select the divorce you want to track.
3. The current status is displayed to the right of the divorce.

• Interview Incomplete: Your online interview is not finished. Your documents will only be emailed or shipped after you have completed and submitted the interview.
• Emailed: Your documents were emailed on the date shown. If you haven't received our email, please check your junk or spam folder.
• Shipped: Your documents were mailed on the date shown. Please check for a shipping confirmation email, which will include your USPS tracking number.

Q: Are DivorceWriter documents available in any other languages?

A: DivorceWriter document packages, including the filing procedures and court forms, are currently available in English only. If you or your spouse don't understand English, you may need to translate the instructions and/or documents.

Q: What is DivorceWriter's legal company name and where is the company registered?

A: DivorceWriter.com is operated by Pro Se Planning, Inc. Pro Se Planning, Inc. is a Washington corporation. Pro Se Planning, Inc. also operates TotalLegal.com.

For more information about DivorceWriter, see About Us.

Q: Do I need to complete my DivorceWriter documents before using the online notary service?

A: Yes. Complete your online interview on DivorceWriter first and refer to the signing and filing procedures for any remaining items to write in manually (like SSNs). Do not sign or date the forms yet. When ready, visit our online notarization guide to upload your paperwork and connect with our partner notary service.

Q: What if I can't afford the court filing fee?

A: Generally, people who are already on government assistance and/or have an annual income that falls at least 125% below the U.S. Department of Health and Human Services Poverty Guidelines will qualify for a filing fee waiver. Visit divorcewriter.com/filing-fee-waiver to learn more about seeking a filing fee waiver for your state.

Email customer support at info@divorcewriter.com to request the fee waiver forms.

Q: How do I email documents to myself?

A: To email documents to yourself, follow these steps:

1. Go to divorcewriter.com/login to log in to your account.
2. Under Divorces, select the divorce you want emailed, then click View/Update.
3. In the Navigation section, click on Review.
4. On the Divorce Review page, under Shipping Status, click E-mail Copy of Documents to Me.

Q: Do you have court filing fee waiver forms?

A:

Yes. Filing fee waiver forms, commonly known as In Forma Pauperis or IFP forms, are available to DivorceWriter customers.

For immediate access, log in to the DivorceWriter account and select the option to email optional documents. The documents will be sent in a separate email to the email address associated with the account. This email will include the documents previously received, along with additional state-specific supplemental forms beginning with "888." These supplemental forms include the filing fee waiver forms available for the customer's state.

Because each state uses different filing fee waiver forms, see our filing fee waiver article for the specific names of the forms used in each state.

For more information about court filing fees, see our divorce filing fees article.

Q: Is DivorceWriter a law firm, legal document preparation service or software company?

A: DivorceWriter is not a law firm and does not provide legal advice or legal representation. DivorceWriter provides an online document self-preparation product for people who choose to prepare their own uncontested divorce documents. DivorceWriter is not a document preparation service, and using DivorceWriter does not create an attorney-client relationship.

DivorceWriter uses an automated software system that transfers the information provided by the customer to the applicable state-specific divorce forms and generates filing instructions based on the information entered in the online interview.

Q: Can we get a divorce if one spouse is pregnant?

A: Yes, a divorce may proceed during a pregnancy. However, some states require the child to be born before the judge can finalize the divorce. Pregnancy may also affect legal parentage, child custody, and child support issues. Visit divorcewriter.com/pregnancy-legal-parentage-and-divorce to learn more about pregnancy and divorce.

Q: Why was I charged $157 instead of $137?

A: DivorceWriter's standard digital divorce package is a one-time fee of $137. If you total was $157, your order included the optional $20 Printing and Mailing Document service, where we print and ship your hard-copy divorce forms directly to you. Documents are only shipped after customer fully completes the online interview and selects the Submit for printing.

Q: Does DivorceWriter have a good reputation?

A: Yes. DivorceWriter is operated by Pro Se Planning, Inc., which has been in business for more than 20 years. Pro Se Planning, Inc., is not BBB accredited, but maintains an A+ rating with the Better Business Bureau.

Customers may also review independent customer feedback about DivorceWriter on Trustpilot. For more information, see our Trustpilot reviews.

Q: Do we have to file documents with the original signatures or are photocopies alone sufficient?

A: Courts require documents with original signatures to be filed along with the appropriate number of photocopies.

Q: Can I file for divorce if there is an active protective order?

A: You have the right to file for divorce without an attorney even if one spouse has an order of protection against the other. Learn more about divorce with a protective order here.

Q: Can I file for divorce by mail in or e-file my divorce papers if my courthouse is closed to the public?

A: Yes. While courthouses are limiting access to the public to slow the spread of COVID-19, court clerk personnel are still processing filings, just at a slower rate.

More information on getting divorced during the quarantine is available at Best States for Divorce During the Pandemic.

Filing by Mail

• All states allow you to file your divorce paperwork by mail instead of in person at the court clerk's office.
• More information on filing for divorce by mail is available at How to File for Divorce by Mail.

• As of March 2020, only these states allow you to open a new divorce case using e-filing: CA (16 counties), CT, FL, GA, IL (mandatory), IA (mandatory), IN, MD, NV (Clark only), NY, OR, RI, TX, VT, WA, and WI.
• Other states may offer e-filing, but not in divorce cases, or may offer e-filing in divorce cases, but only after it has been filed and assigned a case number.
• Illinois and Iowa require all divorces to be e-filed, even if you don't have an attorney, but in all other states that offer e-filing it is optional if you don't have a lawyer.
• More information on e-filing and divorce is available at E-Filing and Divorce.

Q: Will my documents be completed or will I have to fill them out myself when I receive them?

A: 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.

Q: I encountered a security restriction error when trying to e-file a document notarized online.

A: Some customers receive the following error when attempting to e-file a document they had notarized online:
Odyssey File & Serve could not accept the pdf file because it is secured by security restrictions. The most common security restrictions include password security not allowing the copying or changing of the document. Please remove the security settings and resubmit the filing.

Odyssey e-file recommends you recreate the file before resubmitting. The most common method of doing so is to print the document and scan it back into your computer. You can also "print" the document to PDF. To do so, open the document and attempt to print. When presented with your printer options, select 'Adobe PDF' or 'Microsoft Print to PDF'. This will prompt you to rename and save the file. Note: Mac 'Pages' users should 'export' to PDF instead of printing to PDF.

Odyssey also suggests that you receive the information at the link below to ensure that you are using the proper PDF format.

Another option is to file your documents by mail. More information on filing by mail is available at https://www.divorcewriter.com/how-to-file-for-divorce-by-mail

Q: Will my divorce hearing be online?

A: In the states that require a hearing to finalize a divorce, most judges allow (and many require) video hearings in place of in-court testimony.

Learn more about uncontested divorce video hearings.

Find out which states require a divorce hearing.

Q: I bought the wrong thing, do you have uncontested divorce papers? I want to change to a no-fault divorce, do you have agreement papers?

A: All DivorceWriter packages are designed specifically for uncontested divorces and automatically include the necessary settlement agreement paperwork. You do not need to buy a different package. While the online interview may allow you to select a specific fault or cause for the divorce, it always provides a "no-fault" option. If you need to switch your paperwork to no-fault or update your agreement, simply log into your account to change your interview answers. Your updated uncontested paperwork will regenerate instantly.

Q: Can I hand-write missing information on my documents or do they have to be typed?

A: As long as the form itself does not specifically state that it must be typed, you may hand-fill the blanks on your forms.

Q: How do I get a document notarized online?

A: To learn more about notarizing a document online, visit our online notarization guide.

Q: How much does the court clerk charge for filing a divorce case? How much are court costs? How much is the divorce filing fee in my state?

A: Court filing fees vary by state and county, typically ranging anywhere from $100 to $450 depending on where you reside. DivorceWriter’s flat fee covers access to everything you need to create your own divorce papers for your state with step-by-step filing procedures. DivorceWriter does not include the court filing fee, which must be paid by the filer when the divorce is filed. If you cannot afford the court fee, you may qualify to file an income-based fee waiver.

To look up the exact court filing fees and fee waiver requirements for your specific state, check out our comprehensive guide: U.S. Divorce Filing Fees.

Q: What grounds for divorce can I use?

A: The legal grounds available for divorce vary by state. Many states allow only no-fault divorce, while others still recognize fault-based grounds such as adultery, abandonment, cruelty, or other conduct.

DivorceWriter automatically prepares documents using your state's no-fault grounds because that is the simplest, fastest, and least expensive path for an uncontested divorce. Customers filing in Arkansas and New York may choose from available no-fault and fault-based grounds, although fault-based grounds are not recommended because they require additional proof and can make the divorce process more complicated.

Learn more in our article about Divorce Grounds by State.

Q: How do I open and download my documents?

A: If you're having trouble opening or downloading your divorce documents, the issue is often related to your email provider, browser, device, or security settings. Learn how to download email attachments and access your documents here.

Q: Who is my retirement plan administrator?

A: The plan administrator is the person or company selected by your employer to manage the retirement plan. If you do not know the name of the plan administrator, contact your employer's human resources or personnel office.

If a retirement account is not through an employer, a financial institution holding the account may be listed as the plan administrator. The description field may include a type of retirement account and the name of the financial institution holding the account.

Q: Will this be all the paperwork I need?

A: Generally, yes. Your DivorceWriter package includes the state-specific divorce forms and filing procedures needed to file for and complete an uncontested divorce in your state.

Most documents are completed with the information entered in your interview. However, some forms or portions of forms must be completed by you later. This may include information that is not yet known, such as filing or service dates, as well as detailed financial, property, debt, or child-related information required by certain state or local court forms. Your filing procedures explain when additional information or action is required.

DivorceWriter also maintains supplemental state-specific forms for circumstances that do not apply to every customer. If the court requests an additional form that was not included in your package, contact Customer Service at info@divorcewriter.com.

Q: Can I just notarize one copy of my document, and then make copies of the page with the original signature?

A: Yes. Since notaries charge a per document fee, you will save money by having one document notarized and making photocopies of it to file. In the alternative, if copies of documents requiring notarization are enclosed, you may choose to have each copy notarized.

Q: How do I customize a document?

A: If you find that you need to make additional entries or customizations beyond the options available in DivorceWriter's online interview, your documents may be downloaded with Microsoft Word and customized as needed.

To email documents to yourself for customization, follow these steps:

1. Under Divorces, select the divorce you want emailed, then click View/Update.
2. In the Navigation section, click on Review.
3. On the Divorce Review page, under Shipping Status, click E-mail Copy of Documents to Me.
4. From your email, download and open the document you would like to revise with Microsoft Word.

Q: Do we need to notify the court of any address changes during the divorce?

A: 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.

Q: Can I file for divorce during a bankruptcy or vice versa?

A: Thank you for your inquiry. A divorce combined with a bankruptcy can be complicated and depending on your circumstances. In particular, the timing of the filing and finalization of the divorce and the bankruptcy can affect your rights. You should contact an attorney if you are considering both bankruptcy and divorce. -

Q: What steps will my spouse or the respondent have to take? Do they need to sign paperwork or go to court?

A: In an uncontested divorce, your spouse generally needs to sign the settlement agreement and required court forms, but they usually do not need to attend court hearings if all issues are agreed upon. For state-specific requirements on what your spouse must do, see our article Your Spouse's Role in an Uncontested Divorce.

Q: Can I use DivorceWriter in Tennessee if we have retirement plans, real estate and/or a business?

A:

If either spouse has a retirement plan, real estate, or a business, Tennessee's standard agreed divorce forms cannot be used. DivorceWriter will automatically generate the appropriate alternate forms when any of these types of property are listed.

Although self-represented parties are permitted to file for divorce, some Tennessee court clerks may discourage self-represented filers from proceeding when these types of property are involved or may decline to accept alternate paperwork unless it is prepared by an attorney.

Q: How long does DivorceWriter keep customer information and divorce documents?

A: DivorceWriter customers may access their account and make free, unlimited revisions to their documents for two years after purchase.

Customers may request removal of personally identifiable information, subject to retention of certain transaction, demographic and business records as described in the Privacy Policy.

For more information, see the DivorceWriter Privacy Policy.

Q: In which county should my divorce be filed?

A: Divorce cases in New Jersey should be filed in the county where the Plaintiff lived at the point at which the Plaintiff and Defendant experienced irreconcilable differences for a period of six months. In other words, file in the county where Plaintiff was living at the end of the six-month period of irreconcilable differences, not at the beginning.

In New Jersey no-fault divorce, the cause of action is a six-month period of irreconcilable differences, which means there has been a breakdown of the marriage based on a failure to get along for a period of six months or more and there is no reasonable belief of reconciliation.

However, if the Plaintiff did not live in New Jersey at the end of the six-month period of irreconcilable differences, the divorce should be filed in the New Jersey county where Defendant lived at the end of the six-month period of irreconcilable differences. If neither spouse lived in New Jersey at the end of the six-month period of irreconcilable differences, then the divorce should be filed in the county where Plaintiff currently lives. If Plaintiff does not currently live in New Jersey, then the divorce should be filed in the New Jersey county where Defendant lived when service of process is made.

Q: Can we get divorced while we still live together?

A: In most states, you can live together while going through a divorce. Find out about your state here.

Q: What if an attorney says the court won't accept forms I prepare using DivorceWriter?

A: IIf an attorney says DivorceWriter documents cannot be used or will not be accepted by the court, that does not necessarily mean there is a problem with the documents. Reviewing paperwork prepared by an outside self-help service can take additional time, and an attorney may find it more efficient to have staff prepare new documents using the attorney’s own templates, which are substantively the same as the forms already provided by DivorceWriter.

DivorceWriter is designed for people representing themselves in an uncontested divorce. An attorney who has been hired to handle the divorce will generally prefer to prepare and file separate documents as part of the attorney’s representation.

For more information, see What if a lawyer tells me the Clerk won't accept my divorce papers?

If an attorney or court has identified a specific problem with the DivorceWriter documents, email the details to [info@DivorceWriter.com](mailto:info@DivorceWriter.com) so the issue can be reviewed.

Q: How do I cancel my order or request a refund?

A: If your documents have not been sent to you via email or mail, you may request a full refund by emailing info@DivorceWriter.com within 30 days of purchase.

Once your package has been sent via email or mail, refunds are exclusively limited to court rejections as outlined in our guarantee. Please visit divorcewriter.com/guarantee for more information.

Q: Why does DivorceWriter not provide a phone number or phone support?

A: To keep our fee low at $137 flat with no hidden charges, we handle customer service directly via email at info@divorcewriter.com (Monday–Friday). All orders are backed by our 100% Court Approval Guarantee.

Q: I met with a lawyer and they said the court will reject my paperwork. What do I do?

A: Lawyers and online DIY divorce product providers compete for your business. You are a lawyer's potential client and one of the things they charge you hundreds of dollars is the divorce paperwork. Don't be surprised if they discourage you from using documents you prepared yourself.

Find out more here.

Q: Do we have to be separated to get a divorce in Wisconsin?

A: There is no requirement that a couple be separated for any period of time in order to file for divorce in Wisconsin.

Q: What are the basic steps to getting a divorce in Wisconsin?

A: The basic steps to a Wisconsin divorce are:

1. File the Joint Petition.
2. A 120-day waiting period is required.
3. Attend a divorce education class (if required in your county).
4. File the remainder of the divorce documents.
5. Obtain a date and time for the final hearing (if not already assigned).
6. Complete your paperwork for the final hearing.
7. Attend the final hearing.

Q: What are the Wisconsin residency requirements for filing for divorce?

A: Wisconsin requires at least one of the spouses to have been a resident of Wisconsin for at least six months and a resident of the county of filing for at least thirty (30) days immediately before the filing of a Joint Petition.

Q: What documents are included in the self-prepared Wisconsin DivorceWriter package?

A: Your self-prepared Wisconsin DivorceWriter package will include:

• Joint Petition
• Confidential Petition Addendum
• Financial Disclosure Statements
• Marital Settlement Agreement
• Findings of Fact, Conclusions of Law, and Judgment

• Proposed Parenting Plan
• Child Support Worksheets

Q: Where do I file my divorce papers in Wisconsin?

A: In Wisconsin, a divorce is filed at the Circuit Court Clerk's office.

Your self-prepared DivorceWriter package includes detailed procedures on filing for divorce in the county you selected, including the address and telephone number of the Clerk of Court.

Q: How much is the filing fee in Wisconsin?

A: In all counties except Milwaukee, the filing fee for a divorce that does not require spousal maintenance or child support is $184.50. If spousal maintenance or child support is required, the filing fee is $194.50.

In Milwaukee County, the filing fee for a divorce that does not require spousal maintenance or child support is $188.00. If spousal maintenance or child support is required, the filing fee is $198.00.

Q: What are the grounds for filing for divorce in Wisconsin?

A: Wisconsin is a no-fault divorce state. For a Wisconsin no-fault divorce, both parties must agree that the marriage has been irretrievably broken.

Q: How long does it usually take to finalize a divorce in New York?

A: The New York waiting period depends on the grounds selected.

• No-fault: Irretrievable breakdown of the marriage for at least six months;
• Cruel and Inhuman Treatment-No waiting period;
• Abandonment-One year of abandonment prior to the date of filing;
• Imprisonment-Three consecutive years of imprisonment prior to the date of filing;
• Adultery-No waiting period;
• Separation Decree-One year from the date the Decree was issued by the Court;
• Separation Agreement-One year from the date the Agreement was filed with the Clerk.

Q: What are the grounds for filing for divorce in North Carolina?

A: There are only two grounds for absolute divorce in North Carolina: 1) Separation for One Year; or 2) Incurable Insanity of One Spouse and Separation for Three Years. DivorceWriter is designed for customers who wish to divorce on the ground of separation for one year, which requires the husband and wife to have lived separate and apart for one year, and one spouse to have resided in North Carolina for at least six months before filing for divorce. The vast majority of marriages are dissolved based on the ground of separation for one year. If you have additional questions on the grounds for divorce in North Carolina, you may wish to contact an attorney.

Q: What are the basic steps to getting a divorce in Texas?

A: The basic steps to a Texas divorce are:

1. File the Petition for Divorce with the District Court Clerk, pay the filing fee of approximately $250.00-$350.00, and schedule the final hearing.
2. Give your spouse a file-stamped copy of the Petition for Divorce.
3. File the Waiver of Citation signed by your spouse with the Clerk.
4. Approximately 61 days later, the filing spouse (Petitioner) attends the final hearing and files a Final Decree of Divorce signed by both spouses, which the Judge will sign to finalize the divorce.

Q: How do I serve my spouse with the divorce papers?

A: When spouses both want to end their marriage and are in agreement on all issues, the Petition for Divorce tells the court, among other things, that the non-filing spouse will waive his or her right to personal service. Then, the non-filing spouse signs a Waiver of Citation that tells the court that he or she has received a file-stamped copy of the Petition and has signed the Final Decree of Divorce.

If it's not possible to file the Respondent's notarized Waiver of Citation within the time allotted in your county, hire a certified process server to serve your spouse either in person or by certified mail. If your spouse is incarcerated, the certified process server must serve your spouse in person only--not by certified mail. Note: Even if you use a certified process server, your spouse's notarized Waiver of Citation still needs to be filed with the Court Clerk's office as quickly as possible in order for your case to proceed.

Q: How long does it usually take to finalize a divorce in North Carolina?

A: The length of the process varies based on how long it takes to get service of your spouse and how soon the clerk schedules the divorce hearing. Generally, it should take approximately 60 days after the Complaint is filed.

Q: How long does it usually take to finalize a divorce in Florida?

A: In Florida, no Final Judgment of Dissolution of Marriage may not be entered until at least 20 days have elapsed from the date of filing the original Petition for Dissolution of Marriage. See Florida Statute 61.19. The time required to get a final hearing date scheduled varies from county to county. It also depends on how many other pending cases the Judge assigned to your case has at that time. Contact the Circuit Court Clerk in the county of filing to determine the average time for obtaining a final hearing date in your county.

A simplified dissolution of marriage in Florida can often be finalized in a month or less.

Q: How long does it usually take to finalize a divorce in Virginia?

A: In a no-fault Virginia divorce, the spouses must be separated for the required amount of time before they file for divorce--either six (6) months (if there are no minor children and the parties have a Separation Agreement) or one (1) year. 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.

Q: How do I serve my spouse with the divorce papers in North Carolina?

A: In North Carolina, Plaintiff serves Defendant by personally placing a file-stamped copy of the divorce papers into Defendant's hand. (Note: Wake County does not accept personal service by Plaintiff. Instead, Plaintiff must serve Defendant by certified mail with a return-receipt requested.)

Q: What are the basic steps to getting a divorce in Virginia?

A: The basic steps to a Virginia divorce are:

1. File the Complaint with the Circuit Court Clerk and pay the filing fee of approximately $80.00-$90.00.
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 files a notarized Affidavit to avoid going to an ore tenus hearing. After both have given testimony, the Judge signs the Final Decree of Divorce of Marriage, which ends the marriage.

Q: What are the steps to getting a divorce in California?

A: Joint Divorce (FL-700) (No Eligibility Requirements)

1) File the Joint Petition-Marriage or Domestic Partnership (FL-700) and related opening documents with the Superior Court Clerk and pay the filing fee of $435.00 ($450.00 in Riverside County and San Francisco County). This option has no special eligibility requirements and is available to couples who agree on all issues.
2) Complete and exchange your required financial disclosure forms (not filed), then file your final divorce documents with the Clerk, including the Marital Settlement Agreement and Judgment (FL-180) package.
3) Receive the judge-signed Judgment finalizing your divorce after the required waiting period of 6 months + 1 day from the date the case was filed.

Summary Joint Divorce (FL-800) (Must Meet Eligibility Requirements)

1) Confirm that you meet the eligibility requirements for Summary Dissolution and review and sign your documents, including the Joint Petition for Summary Dissolution (FL-800) and worksheets in the Summary Dissolution Information Booklet (FL-810). Summary Dissolution is only available to couples who meet specific requirements.
2) File your signed documents with the Superior Court Clerk (including your Property Settlement Agreement and the Judgment of Dissolution and Notice of Entry of Judgment (FL-825)) and pay the filing fee of $435.00 ($450.00 in Riverside County and San Francisco County).
3) Receive the judge-signed Judgment finalizing your divorce after the required waiting period of 6 months from the date you filed.

Q: What are the grounds for filing for divorce in Texas?

A: While there are several fault-based grounds for divorce in Texas, insupportability is considered the "no-fault" grounds for divorce. Generally, if insupporability is the grounds alleged in the Petition for Divorce, the court will grant a divorce as long as both parties agree that the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

For additional information on grounds for divorce in Texas, see Texas Family Code Sec. 6.001-6.007.

Q: What are the basic steps to getting a divorce in Georgia?

A: The basic steps to a Georgia divorce are:

1. Filing Your Petition: Review and sign the documents. Bring the filing fee and three signed copies of your Petition for Divorce to the Clerk's office. The Clerk will keep one copy of your Petition and will "file stamp" your other two copies showing the date and time you filed your petition. You also have the option to e-file your documents instead.
2. Acknowledgment of Service: In an uncontested divorce, the Petitioner does not need to pay extra to have a sheriff serve the papers. Instead, the Petitioner gives his or her spouse a file-stamped copy of the Petition and an Acknowledgment of Service and Consent to Jurisdiction. The Respondent signs the Acknowledgment, and the Petitioner files the signed Acknowledgment with the Clerk's office. You must then wait 31 days from the date the Acknowledgment was filed.
3. Finalizing the Divorce: The Petitioner schedules the hearing with the judge's secretary. Only the Petitioner has to go to the court hearing, which typically takes around 10 minutes. At the hearing, the Petitioner provides the court clerk with a signed Marital Settlement Agreement along with any attached exhibits. After the judge hears the testimony, he or she will sign the Final Judgment and Decree of Divorce. Once your Decree is signed, your divorce is final.

Q: How do I serve my spouse with the divorce papers in California?

A: The spouse who filed for divorce chooses a friend or relative to mail divorce papers to the non-filing spouse. Later, the server and the non-filing spouse each sign a document verifying service, which is filed with the Clerk.

Note: San Diego County filers are generally required to hand-deliver documents to the non-filing spouse unless this is not possible.

Q: What are the grounds for filing for divorce in New York?

A: There is one no-fault ground and six fault grounds for divorce in New York.

1. Irretrievable Breakdown-Beginning October 12, 2010, New Yorkers may file for no-fault divorce on the ground that the marriage has been irretrievably broken for at least six months.
2. Cruel and Inhuman Treatment-In the past 5 years the defendant engaged in conduct that endangered the mental and physical well-being of the Plaintiff on at least two different occasions.
3. Abandonment-Defendant, without cause or consent of Plaintiff, has for more than 1 year (and still continuing) abandoned the Plaintiff in one of the following ways: (1) Defendant left marital residence and has not returned; (2) Defendant has deprived the Plaintiff of access to marital residence; OR (3) Defendant has refused to have sexual relations with the Plaintiff despite repeated requests by Plaintiff.
4. Imprisonment-That after the marriage, Defendant was confined in prison for 3 or more consecutive years AND Defendant is still in prison (must be less than 5 years since the end of the third year of imprisonment).
5. Adultery-Defendant committed adultery on a specific date, and Plaintiff ceased to live with Defendant upon the discovery of Adultery. This is the only ground that requires a hearing and witnesses.
6. Separation by Decree-A separation decree or judgment was entered by a court more than 1 year ago and Plaintiff has complied with terms of decree.
7. Separation by Written Separation Agreement-A separation agreement was filed with the county clerk more than 1 year ago and Plaintiff has complied with terms of agreement.

Q: What are the grounds for filing for divorce in Illinois?

A: The no-fault ground for divorce in Illinois requires that irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.

Q: How do I serve my spouse with the divorce papers in Illinois?

A: In a standard Illinois divorce, the spouse who files for divorce takes care of getting copies of all documents to the other spouse by mailing or in person delivery. Additionally, the non-filing spouse will sign certain documents that the filing spouse will file with the Clerk. These documents tell the Court, among other things, that he or she has received notice of the divorce filing and that he or she does not object to proceeding with the divorce.

Q: What are the basic steps to getting a divorce in Tennessee?

A: The basic steps to a Tennessee divorce are:

1. Both spouses review and sign divorce documents.
2. One spouse files the documents.
3. Wait 60 days (90 days if the spouses have minor children together). Note: Some Tennessee counties require the spouse that filed for divorce to attend a brief hearing, usually 15 minutes or less.
4. The filing spouse attends a final hearing, after which the Judge finalizes the divorce.

Q: Where do I file my divorce papers in Alabama?

A: Divorces are filed at the Circuit Court Clerk's office.

Q: How do I serve my spouse with the divorce papers in Michigan?

A: If the non-filing spouse, or Defendant, will sign an Acknowledgment of Service form, the Plaintiff can serve the Defendant with divorce papers him or herself.

However, if the Defendant won't sign an Acknowledgment of Service, the Plaintiff selects an adult "helper," to either hand-deliver the divorce papers to the Defendant or mail them to the Defendant by certified mail with a return-receipt requested.

Q: What is a California Summary Dissolution?

A: A California Summary Dissolution is basically a simplified divorce. You must meet several requirements including being married less than five years, having no children, and having little community property. The online interview provides more details and has the option to request a Summary Dissolution if you qualify.

Q: What are the grounds for filing for divorce in Arkansas for a non-covenant marriage?

A: Concerning a non-covenant marriage:

Arkansas is NOT a no-fault divorce state.

In Arkansas, grounds for divorce must be proven, even in an uncontested divorce.

Generally, the least complicated ground to prove is:

• 18 Month Separation-The parties have lived separate and apart without sexual relations for a period of eighteen (18) consecutive months.

• Impotence-When your spouse, at the time of the contract, was and still is impotent.
• Felony conviction-When your spouse has been convicted of a felony or other infamous crime.
• Habitual Drunkenness-When your spouse has been addicted to habitual drunkenness for one (1) year.
• Cruel and Barbarous Treatment-When your spouse has been guilty of such cruel and barbarous treatment as to endanger the life of the other.
• General Indignities-When your spouse has offered such indignities to you and has rendered your condition intolerable.
• Adultery-When your spouse has committed adultery subsequent to the marriage.

Q: How do I serve my spouse with the divorce papers in Pennsylvania?

A: Service is completed by mailing the divorce documents to your spouse by Certified Mail with a return-receipt requested.

Q: How long does it usually take to finalize a divorce in South Carolina?

A: Getting a divorce in South Carolina can take as little as a few weeks. In South Carolina, if Husband and Wife have lived separate and apart without sexual relations for a period of one year, the divorce is not subject to the 90 day waiting period between the time the Complaint for Divorce is filed and the Decree of Divorce is granted. Instead, the hearing may be held shortly after the divorce documents are filed with the County Clerk's Office.

S.C. Code Ann. § 20-3-80

Q: Will either of us be required to attend a court hearing?

A: Yes. To obtain a divorce in Alabama, the spouse who files for divorce (the Plaintiff) must attend a brief divorce hearing.

Q: What is the difference between a dissolution and a divorce in Ohio?

A: In Ohio, a dissolution of marriage is sometimes referred to as "no-fault divorce" because it does not require the parties to prove any grounds for ending the marriage. As long as the parties are able to agree on all matters involving the division of debts and property as well as regarding the support and custody of children, if any, and if both parties are able to attend the court hearing together, they may seek a dissolution of marriage rather than a divorce.

If both parties are not able to attend a court hearing together, a dissolution is not an option and a divorce is the only way to end the marriage. There are several grounds for divorce in Ohio, but the most common is that the parties are able to agree that they are incompatible. If you and your spouse wish to use a grounds other than incompatibility, you may not be able to use DivorceWriter.

Q: What are the grounds for filing for divorce in Virginia?

A: The grounds for a no-fault divorce in Virginia are either a 6-month separation (if there are no minor children and the parties have a Separation Agreement) or a 1-year separation (regardless of whether there are minor children).

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 20-95. If you intend to file for divorce on a ground other than no-fault, you cannot use DivorceWriter.

Q: Do we qualify for a simplified Illinois divorce?

A: Requirements for simplified divorce:

• At least once spouse must have resided in Illinois for at least ninety (90) days before filing for divorce.
• Both spouses must attend the final hearing.
• No children were born to the spouses nor were any children adopted during their relationship and wife is not pregnant.
• The spouses have been married for less than eight (8) years prior to the filing.
• Neither spouse has any legal interest in or right to real estate.
• The total fair market value of all other marital property, after deducting all encumbrances, is less than $50,000.
• The combined value of retirement accounts is less than $10,000.
• Neither party has a gross annual income in excess of $30,000. The total annual income of the parties is less than $60,000
• Both spouses must attend the final hearing.

Q: What are the basic steps to getting a divorce in Pennsylvania?

A: The basic steps to a Pennsylvania divorce are:

1. Complete the DivorceWriter interview, providing accurate information that meets with the agreement you and your spouse have reached.
2. One spouse files the necessary forms and serves them on the non-filing spouse, either by certified mail with a return-receipt requested or by hiring a Sheriff or private process server.
3. Both spouses sign their own Affidavit of Consent and file them with the Clerk/Prothonotary.
4. There is a 90-day waiting period from the date your spouse is served, after which you should receive the signed divorce decree in the mail from the Court finalizing your divorce.

Q: How is my spouse served with the divorce papers in Florida?

A: The Summons included in the self-prepared Florida DivorceWriter package commands the Sheriff in the county of filing to serve the Summons and a copy of the Petition for Dissolution of Marriage on the non-filing spouse. The address listed on the Summons will be the non-filing spouse's home address. If this is not suitable, other arrangements for service can be made through the Circuit Court Clerk's office.

Q: How much is the filing fee in Massachusetts?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Massachusetts is $200.00 statewide as of June 2017 although that amount is subject to change at the discretion of the state.

Q: What are the basic steps to getting a divorce in New York?

A: The basic steps to a New York divorce are:

1. Buy an Index Number from the clerk's office and file your Complaint and Summons. This can be done at the same time.
2. Have a paid process server (or friend who is not personally involved in your case) serve your spouse with copies of the filed documents. Your spouse signs one of the documents and returns it to you.
3. File the document signed by your spouse along with numerous other documents with the Clerk's office.
4. For all grounds except for Adultery, no hearing is needed. Wait for the Court to review and sign your final documents. You will receive copies back through the mail.
5. Mail the finalized copies to your spouse and mail the completed Certificate of Dissolution of Marriage to the proper office. Your divorce is complete.

Q: How long does it usually take to finalize a divorce in Arkansas?

A: Getting a divorce in Arkansas takes a minimum of thirty (30) days from the date a Complaint for Divorce is filed.

Q: What is the separation requirement in Virginia?

A: Yes. The parties must be separated for one year if they have minor children. If the parties have no minor children together and have a signed Separation Agreement, the separation period is reduced to six months.

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.
Being separated does not always mean living at separate residences. Parties sometimes continue to live together after they separate, often due to financial reasons or to provide better care and support for minor children of the marriage.

To be considered separated, the parties cannot have a physical or sexual relationship and cannot sleep in the same bed. They also cannot continue engaging in activities typical of a married couple, such as wearing wedding rings, gift-giving, attending events together, or doing household tasks for each other.

Q: How much is the filing fee in Nevada?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Nevada varies from county to county, but typically ranges from $150.00 to $300.00.

Q: I have already filed for divorce in Pennsylvania. Why do I have to wait 90 days before having our Affidavits of Consent notarized?

A: Both Plaintiff and Defendant must wait ninety (90) days from the date the Complaint in Divorce was served on Defendant before signing their own Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree in front of a Notary Public. In calculating the 90 days, count the day after Defendant signed for the documents, using the date listed on the green return-receipt, as the first day.

In addition, the Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree of both Plaintiff and Defendant must be filed with the Clerk within thirty (30) days from the date the first spouse signed his or her Affidavit.

Note: While state law sets forth the aforementioned 90-day waiting period before signing as well as the requirement that, once signed, the documents must be filed within 30 days, it does not set forth a limit after the 90-day waiting period within which the documents must be signed. Thus, you are not required to sign the documents on the 90th day nor even within any set period after the 90th day. More information on the 90-day waiting period prior to signing the Affidavit of Consent in front of a Notary Public is available at Pa. Code Rule 1920.42.

Q: What are the basic steps to getting a divorce in North Carolina?

A: The basic steps to a North Carolina divorce are:

1. Complete the DivorceWriter online interview, which provides the information that will be transferred onto your North Carolina divorce forms.
2. File an initial set of documents.
3. Serve your spouse with a copy of the documents and officially notify him or her that you have filed for divorce.
4. File a second set of documents.
5. The spouse who filed for divorce, also known as the Plaintiff, schedules and attends a brief divorce hearing approximately 60 days after the initial divorce documents are filed.
6. After your hearing, the judge signs your final divorce documents, which officially ends your marriage.

Q: How much is the filing fee in Maryland?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Maryland is $165.00. Note: That amount is subject to change at the state's discretion.

Q: What documents are included in the self-prepared Alabama DivorceWriter package?

A: Your self-prepared DivorceWriter package will include:

• Alabama Divorce Filing Procedures
• Divorce Complaint
• Child Support Information Sheet (CS-47)
• Answer and Waiver
• Affidavit of Residency
• Plaintiff's Testimony
• Agreement for Taking Testimony
• Settlement Agreement
• Final Judgment of Divorce
• Vital Statistics Form HS-16

• Custody Affidavit JU-23
• Child Support Obligation Income Statement/Affidavit CS-41 Form (one for each spouse)
• Child Support Guidelines CS-42 Form
• Child Support Guidelines Notice of Compliance CS-43 Form
• Order/Notice to Withhold Income

Q: What is a simplified Illinois divorce?

A: Spouses who meet certain requirements may be eligible to obtain a simplified divorce. The divorce is considered simplified because it requires fewer documents and the hearing to finalize the divorce is usually scheduled within a week or two of the filing date.

Q: Is no-fault divorce available in New York?

A: Yes. Under the no-fault divorce law, which went into effect on October 12, 2010, a couple is able to obtain a divorce in New York on the grounds that their marriage has been irretrievably broken for at least six months.

Q: What are the basic steps to getting a divorce in Michigan?

A: The basic steps to a Michigan divorce are:

1. File your documents at the Circuit Court Clerk's office.
2. Defendant signs an Acknowledgment of Service form.
3. File the final documents.
4. Plaintiff attends a brief court hearing to finalize the divorce.

Q: What documents are included in the self-prepared Texas DivorceWriter package?

A: In addition to Texas filing procedures, your self-prepared Texas DivorceWriter package will include:

• Original Petition for Divorce
• Waiver of Citation
• Order Setting Final Hearing (not required in all counties)
• Final Decree of Divorce

• Travis County Rules and Orders

• Exhibit A: Information Required by Texas Family Code ? 105.006
• Employer's Order to Withhold from Earnings for Child Support

• Exhibit A: Information Minors Required Under ?152.209

Q: What are the basic steps to getting a simplified dissolution in Florida?

A: 1) Each spouse must go to the Circuit Court Clerk's office. If you go separately, the first spouse will pay the filing fee and leave signed documents with the Clerk so that the documents are available for the second spouse to sign later.
2) The Clerk will schedule the hearing for a date when you are both able to attend together.
3) Attend the final hearing and receive the Final Judgment of Dissolution signed by the Judge.

Q: How do I serve my spouse with the divorce papers in Virginia?

A: 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.

Q: What are the basic steps to getting a standard (non-simplified) divorce in Illinois?

A: The basic steps for completing a standard (non-simplified) divorce in Illinois are:

1. Both spouses review and sign their self-prepared DivorceWriter documents.
   • The procedures included in the standard DivorceWriter package give information on which spouse signs which documents as well as which signatures require notarization.
2. E-file your divorce paperwork.
3. Attend the final hearing.
   • In standard divorces, only the Petitioner--i.e. the spouse that filed for divorce--is required to attend.
   • Assuming that both spouses have agreed to waive the two-year period of living separate and apart down to six months, and assuming the six-month period of living separate and apart has passed by the time of the hearing, the divorce is usually finalized at the hearing.
4. File the Vital Statistics Form that goes to the State as a formal record of the divorce.

Q: What are the basic steps to getting a divorce in New Jersey?

A: The basic steps to a New Jersey divorce are:

1. Plaintiff signs and files the Complaint for Divorce and other divorce documents.
2. Plaintiff sends the divorce papers to Defendant by Certified Mail with return-receipt requested, and Defendant signs an Acknowledgment of Service in front of a Notary Public. Note: Defendant is considered served on the date that he or she signs the Acknowledgment of Service. The 35-day waiting period for default divorce begins to run on the day after the date that Defendant signs the Acknowledgment of Service.
3. Defendant signs and files his or her remaining documents by mail. Alternatively, as long as Defendant is not in the military, he or she can do nothing and proceed in default.
4. Plaintiff attends a brief divorce hearing where the Judge signs the documents to finalize the divorce.

Q: What are the basic steps to getting a regular (non-simplified) dissolution in Florida?

A: The basic steps to a Florida dissolution are:

1. File the Petition for Dissolution of Marriage and Summons with the Circuit Court Clerk and pay the filing fee of approximately $350.00-$410.00.
2. The county Sheriff (or a private process server if you prefer) serves the Petition and Summons on your spouse.
3. File the remaining documents with the Clerk after they have been signed by you and your spouse.
4. The spouse who filed for dissolution attends the final hearing, at which time the Judge signs the Final Judgment of Dissolution of Marriage.
5. Mail a signed copy of the Final Judgment of Dissolution to your spouse.

Q: Where do I file the divorce documents in North Carolina?

A: In North Carolina, divorces are filed in the District Court located in the county of filing.

Q: Where are the grounds for filing for divorce in Michigan?

A: Michigan is a no-fault divorce state.
For a Michigan no-fault divorce, the spouse must allege that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.

Q: Will either of us be required to attend a court hearing?

A: In Arkansas, you will need to contact the Court Clerk for your county to determine if both spouses must attend the divorce hearing. This requirement varies by county..

Most courts will allow the 18 Month Separation ground to be supported by a witness through the Affidavit of Corroborating Witness (which is a document signed by the witness in front of a Notary Public and filed to avoid the need to bring the witness to the hearing).

If other grounds are used, the Plaintiff will most likely be required to bring a witness with him/her to the hearing who has first-hand knowledge of your grounds. The witness cannot testify as to what you told them, he or she has to personally know about the details of the grounds for themselves.

Q: What documents are included in the self-prepared Georgia DivorceWriter package?

A: Georgia customers will receive the following completed documents:

Georgia Petition for Divorce
Petition Verification
Domestic Relations Case Filing Information
Acknowledgment of Service and Consent to Jursidiction
Marital Settlement Agreement
Documents Regarding Children (GA child support worksheet, possession, visitation, health insurance...)
Financial Affidavits for each spouse (for divorces with children only)
Georgia Report of Divorce
Final Disposition Information Form
Georgia Final Judgment and Decree of Divorce
Filing Instructions for your Georgia County

Q: Is there a difference between divorce and dissolution?

A: In Florida, the term "dissolution" is used to describe the process of ending a marriage. The terms "divorce" and "dissolution" are often used interchangeably since there is no difference between the two in Florida.

Q: What are financial statements?

A: Each spouse must file a financial statement. If either party has income over $75,000 per year, they must use a slightly longer form. DivorceWriter will provide you with the appropriate financial statement depending on the income information you provide in the online interview.

Q: What constitutes cruel and inhuman treatment in New York for divorce purposes?

A: Common examples of cruel and inhuman treatment are:

• Physical abuse
• Calling offensive and insulting names
• Constant screaming, profanity or other verbal abuse
• Adultery
• Wrongly accusing you of adultery
• Publicly flaunting a relationship with another man or woman
• Staying away from the home without providing a reasonable explanation
• Withholding affection without providing a reasonable explanation to the point that it has a physical effect upon the other innocent spouse

Q: What are the grounds for filing for divorce in South Carolina?

A: DivorceWriter only offers forms for no-fault divorces. The no-fault ground for divorce in South Carolina requires that the parties have lived separate and apart without cohabitation for a period of one year. DivorceWriter does not offer divorce forms for at-fault divorces in South Carolina.

Q: What is the difference between regular dissolution and simplified dissolution?

A: Some couples prefer simplified dissolution because it requires fewer documents and generally can be finalized sooner than a standard uncontested dissolution. However, not everyone qualifies for simplified dissolution.

Each of the following requirements must be met to file for a simplified dissolution of marriage:

• The parties do not have minor children under 18 or dependent or adopted children under 18.
• The wife is not pregnant.
• One of the parties, either husband or wife, must have lived in Florida for the past six months.
• Both parties have made provisions for the division of property and the payment of obligations and both parties are agreeable to the provisions.
• Both parties want to end the marriage because of irreconcilable differences.
• Both parties have agreed to use the simplified dissolution of marriage procedure instead of a regular dissolution of marriage procedure.
• Both parties understand that certain legal rights are waived because you have used the simplified dissolution of marriage.
• Both parties must sign the forms together in front of a Deputy Clerk.
• Both parties must appear before the judge together for the final hearing.
• Both parties must have proper identification at the time of filing (driver's license or identification with a signature).

Q: Where do I file my divorce papers in Arkansas?

A: If the petitioning spouse resides in Arkansas, then the divorce should be filed in the county where the petitioning spouse resides. If the petitioning spouse is not a resident of Arkansas, but the defendant is a resident of Arkansas, then your divorce shall be filed in the county where the defendant resides.

Q: In which county can I file my divorce?

A: The term "venue" refers to the county where the divorce can be properly filed. Most commonly, divorces in Pennsylvania are filed in the county where the Defendant or the Plaintiff lives. Pa. Rule 1920.2 states that divorces in Pennsylvania may be filed only in the county:

1. In which the plaintiff or the defendant resides, or
2. Upon which the parties have agreed either (i) in a writing which shall be attached to the complaint or (ii) by participating in the proceeding.

Q: How much is the filing fee in Kentucky?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Kentucky varies from county to county, but typically ranges from $120.00-180.00.

Q: What documents are included in the self-prepared North Carolina DivorceWriter package?

A: Your self-prepared North Carolina DivorceWriter package will include:

• Complaint for Absolute Divorce (with Verification to be notarized)
• Civil Summons
• Acceptance of Service
• Certificate of Service (for Divorce Judgment)
• Separation Agreement (included if the parties have listed property or debts to be separated and/or if there are minor children)
• Notice of Hearing
• Divorce Judgment

• Affidavit as to Status of Minor Child
• Child Support Worksheet

Q: Will either of us be required to attend a court hearing?

A: Under Massachusetts law, both spouses are required to attend the divorce hearing. If only the spouse who files for divorce is able to attend, it is possible for the non-filing spouse to file a notarized affidavit with the Clerk, which explains why he/she cannot attend. However, this generally is only allowed when a spouse is unable to attend because they live in another state and the cost of travel would be prohibitively expensive.

If your spouse is unable to attend the hearing due to excessive travel costs, select "no" to the applicable question on this page. Then, either select the reason from those provided or type in your own reason in the space provided. This information will be automatically transferred to an affidavit for your spouse to sign in front of a Notary Public.

Note: The court hearing is generally very brief and it is the preference of all judges that spouses attend the divorce hearing together if at all possible. Sample testimony will be included with your DivorceWriter package.

Q: How do I serve my spouse with the divorce papers in Massachusetts?

A: You and your spouse will be filing a Joint Petition for Divorce, which each of you will sign in front of a Notary Public. No other form of service is required.

Q: What documents are included in the self-prepared DivorceWriter package?

A: Your self-prepared California DivorceWriter package includes:

Joint Divorce (FL-700)

Petition Documents:

• Joint Petition (FL-700)
• Summons (FL-710)

• Declaration of Disclosure (FL-140)
• Stipulation and Waiver of Final Declaration of Disclosure (FL-144) (both spouses sign one form)
• Declaration of Service of Disclosure (FL-141)
• Schedule of Assets and Debts (FL-142)
• Income and Expense Declaration (FL-150)

• Marital Settlement Agreement
• Declaration for Default or Uncontested Dissolution (FL-170)
• Judgment (FL-180)
• Notice of Entry of Judgment (FL-190)

• Child Support Case Registry Form (FL-191)
• Notice of Rights and Responsibilities (FL-192)
• Income Withholding for Support (FL-195)

• Joint Petition for Summary Dissolution of Marriage (FL-800)

• Income and Expense Declaration (FL-150)

• Property Settlement Agreement
• Judgment of Dissolution and Notice of Entry of Judgment (FL-825)

Q: What documents are included in the self-prepared Pennsylvania DivorceWriter package?

A: All standard Pennsylvania DivorceWriter packages, EXCEPT Philadelphia County, include:

• Notice to Defend and Claim Rights
• Complaint in Divorce
• Affidavit
• Court of Common Pleas Intake
• Plaintiff's Domestic Relations Income and Expense Statement
• Defendant's Domestic Relations Income and Expense Statement
• Notice to File Social Security Numbers
• Marital Property Settlement Agreement
• Plaintiff's Acknowledgment
• Defendant's Acknowledgment
• Plaintiff's Affidavit of Consent/Consent Waiver
• Defendant's Affidavit of Consent/Consent Waiver
• Praecipe to Transmit Record
• Decree of Divorce
• Notice of Intention to Retake Prior Name (only if wife intends to retake a former last name)

• Support Guideline Computations

Q: What is a covenant marriage?

A: As of August 21, 1998, the Arizona legislature created a new type of marriage called "covenant marriage." A marriage that occurred in Arizona on or after August 21, 1998 is only a covenant marriage if all of the following are true:

• Both husband and wife signed a document requesting to have a covenant marriage;
• Both husband and wife attended premarital counseling; and
• Your marriage license says you have a covenant marriage.

Q: What documents are included in the self-prepared Virginia DivorceWriter package?

A: 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

• UCCJEA Affidavit
• Child Support Worksheet

Q: How do I serve my spouse with the divorce papers in New York?

A: The filing spouse/Plaintiff must find a person who is over 18 and not personally involved with the case to put the divorce documents directly into the hands of the Defendant. Then, that server fills out an Affidavit of Service with his or her name, address, and date and location of service. The Affidavit of Service must be signed by the server in front of a Notary Public. Once this is done, the completed and notarized Affidavit of Service is given back to the Plaintiff to file with the Court.

If the Defendant is currently living outside the state of New York, Plaintiff must still take steps to make sure the documents are hand-delivered to Defendant. If Plaintiff selects a non-New York State resident to serve Defendant in another state or in another country, the selected Server must be either a commercial process server or other person authorized to serve process in the state or country such as a sheriff. If Defendant will be served in another state, Plaintiff may wish to contact the sheriff's office in the county where service will occur for more information on service. If Defendant will be served in a foreign country, Plaintiff should contact that country's consulate or embassy for more information on service. The Affidavit of Service must be completed by the person who hand-delivers the documents to Defendant. The Server should also write his or her title in the signature portion or otherwise indicate how he or she has the authority to serve legal documents in that state or country. It may be necessary to customize the signature/notary portion of the Affidavit of Service if service is made in a foreign country.

Q: Will either of us be required to attend a court hearing?

A: In Nevada, since both spouses sign the Joint Petition and related documents in front of a Notary Public, it is not necessary for either spouse to attend a hearing to finalize a divorce.

Q: Where do I file my divorce papers in Mississippi?

A: Mississippi divorces are filed at the Clerk of the Chancery Court's office in the county where either spouse lives, if both spouses are residents. If only one spouse is a resident, the divorce is filed at the Clerk of the Chancery Court's office in the county where the resident spouse resides. Your self-prepared DivorceWriter package includes detailed procedures on filing for divorce in the county you selected, including the address and telephone number of the Clerk of the Chancery Court.

Q: How much is the filing fee in Mississippi?

A: The DivorceWriter price does NOT include the filing fee charged by the circuit court clerk when you file for divorce. Fees can vary from county to county, but typically range from $50 to $75.

Q: How long does it usually take to finalize a divorce in Oklahoma?

A: When both parties are in agreement, a divorce hearing may be held and a divorce may be granted ten (10) days after the filing of the Petition of Dissolution of Marriage if the parties have no children together.

In a divorce where there are minor children involved, the final hearing cannot take place until at least thirty (30) days have passed since the date the Petition for Dissolution of Marriage is filed with the Court. Further, in divorces involving children, the divorce cannot be finalized until at least ninety (90) days have passed from the date the Petition was filed.

Q: How long does it usually take to finalize a divorce in Nevada?

A: While there is no set waiting period for completing the divorce, you should expect to wait at least 2-3 weeks after the date of filing before receiving your finalized decree from the Court.

Q: How much is the filing fee in New Jersey?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in New Jersey varies from county to county, but is typically $300.00.

Q: Do we have to be separated to get a divorce in Maryland?

A: No. As of October 1, 2018, as long as both parties agree to the divorce and sign a written agreement resolving all issues, they may get divorced on the grounds of Mutual Consent, which does not have any separation requirement. There is no longer a requirement that spouses live separately.

Q: Where do I obtain a certified copy of my marriage certificate?

A: In Massachusetts, you must file a certified copy of your marriage certificate along with your divorce papers. This cannot be a photocopy. You can usually obtain a certified copy from city hall or the county clerk's office in the place where you were married.

Q: How do I serve my spouse with the divorce papers in Kentucky?

A: Because the non-filing spouse, also known as the Respondent, will be signing an Entry of Appearance and Waiver, formal service is not required.

Q: What constitutes abandonment?

A: Abandonment refers to the offending (non-filing) spouse committing one of the three following acts:

• Physically leaving the marital residence;
• Refusing to have sexual relations despite requests from you;
• Locking you out of the marital residence.

• You did not consent to the abandonment;
• You did not treat your spouse in such a way that it justifies his or her abandonment;
• The abandonment started at least one year ago and continues to this date.

Q: How do I serve my spouse with the divorce papers in South Carolina?

A: The basic methods for serving divorce papers in South Carolina are:

1. By Personal Service:
   • Personally deliver the Family Court Cover Sheet, Certificate of Exemption, Summons, Complaint for Divorce, and Financial Declaration to your spouse.
   • Then he or she fills out the Acceptance of Service form.
   • Take the completed and signed Acceptance of Service form and file it with the Clerk of Court's office.
2. By U.S. Mail:
   • Send the Family Court Cover Sheet, Certificate of Exemption, Summons, Complaint for Divorce, and Financial Declaration via Certified Mail, Restricted Delivery, Return Receipt Requested.
   • When the green return receipt comes back in the mail, be sure your spouse signed the card. (Note: If someone other than your spouse signed the card, re-send the documents again by certified mail, as your spouse must be the one to sign the green card.)
   • If you receive the green card (signed by your spouse), record the docket number on the top of the green card and make a copy of the green card for your file.
   • Complete and sign the Affidavit of Mailing in the presence of a Notary Public.
   • Attach the green card to the notarized Affidavit of Mailing and take it to the Clerk of Court's office for filing.
   Note: If you do not get a green card back, you may have to call your local Sheriff's office to serve the papers on your spouse.
3. Service by the Sheriff's Office:
   • Contact the Sheriff's office in the county where the Defendant lives or works to serve the papers.
   • When the Sheriff serves the papers, ask the office to complete the bottom half of the Affidavit of Service form in front of a Notary Public, have the form notarized, and return the form to you.
   • File the notarized Affidavit of Service with the Clerk of Court.

Q: Will either of us be required to attend a court hearing?

A: No. As long as both spouses have reached an agreement on all issues, a hearing is not required to finalize the divorce.

Q: What are the most common grounds?

A: Since the introduction of the New York no-fault divorce ground of irretrievable breakdown of the marriage lasting at least six months, more than 80% of DivorceWriter's New York customers have selected it.

The remaining customers who selected a fault ground selected the following grounds most frequently:

• Abandonment
• Cruel and Inhuman Treatment
• Settlement Agreement filed more than 1 year ago

• Spouse left home more than a year ago - 66%
• Spouse denied sex for more than a year - 27%
• Spouse denied access to home for more than a year - 7%

Q: What documents are included in the regular (non-simplified) self-prepared Florida DivorceWriter package?

A: Your self-prepared Florida DivorceWriter package will include:

• Florida Divorce Filing Procedures
• Petition for Dissolution of Marriage
• Summons
• Financial Affidavit
• Answer, Waiver, and Request for Copy of Final Judgment
• Notice of Social Security Number
• Certificate of Compliance of Disclosure
• Marital Settlement Agreement (not included for customers with no property, no children, and no spousal support)
• Final Judgment of Dissolution of Marriage

• Child Support Worksheet
• Parenting Plan
• UCCJEA Affidavit

Q: What are the Pennsylvania residency requirements for filing for divorce?

A: You may file for divorce in Pennsylvania if you or your spouse have lived in Pennsylvania for at least six (6) months immediately before filing for divorce.

Q: How do I serve my spouse with the divorce papers in Nevada?

A: Because both spouses sign the Joint Petition in front of a Notary Public and are both on notice of the divorce filing, formal service of process is not required.

Q: How do I serve my spouse with the divorce papers in Colorado?

A: Because both spouses will be signing the Petition, formal service of divorce papers on the non-filing spouse is not required.

Q: How do I serve my spouse with the divorce papers in Arizona?

A: Petitioner mails or hand-delivers the divorce papers to the Respondent. Then, the Respondent signs an Acceptance of Service, which is included in the DivorceWriter package, in front of a Notary Public before it is filed with the Court Clerk.

Q: What are the basic steps to getting a divorce in Kentucky?

A: The basic steps to a Kentucky divorce are:

1. The Petitioner signs the Petition for Dissolution of Marriage, and files it with the Clerk of Courts.
2. Both spouses sign additional documents, which are also filed with the Clerk.
3. The parties' divorce is finalized when they receive a Decree of Dissolution of Marriage signed by the Judge in the mail.

Q: Do we have to be separated to get a divorce in Arkansas?

A: Yes, spouses must live separate and apart to obtain a no-fault divorce in Arkansas. The required separation period depends on whether the marriage is a covenant marriage:

• If the marriage is a covenant marriage, you must have lived separate and apart without reconciliation for a period of two (2) years.
• If the marriage is not a covenant marriage, you must have lived separate and apart without sexual relations for a period of eighteen (18) months.

Q: What are the grounds for filing for divorce in Maryland?

A: In October 2023, Maryland eliminated all fault grounds for divorce. Now, a divorce can be filed on one or more of the following grounds:

1. Six-Month Separation. Spouses must live separate and apart for six months without interruption before the filing of the application for divorce. As long as they have pursued separate lives, they shall be deemed to have lived separate and apart even if still living under the same roof.
2. Irreconcilable Differences. One spouse must believe that the marital issues cannot be resolved and the marriage is beyond repair.
3. Mutual consent. The parties must agree that they want to end the marriage and must sign a settlement agreement that resolves all issues concerning property, debts, spousal support, and the care and support of their minor children.

Q: What are the Washington residency requirements for filing for divorce?

A: You can file for divorce in Washington if one spouse is:

• a resident of Washington
• a member of the armed forces and is stationed in Washington
• married to someone who is a resident of Washington or
• married to someone who is a member of the armed forces and is stationed in Washington

Q: How long does it usually take to finalize a divorce in Kentucky?

A: In Kentucky, if there are no children the divorce can be finalized in as little as 30 days from the date of filing as long as the parties have been separated for at least 60 days total. In other words, when there are no children of the marriage, if you have been separated since at least 30 days before filing, the separation requirement will be met if you have been separated for at least 30 days after filing. Living apart can include living under the same roof as long as the parties do not sleep in the same bed and do not have sexual relations with each other. If there are children involved it will take at least 60 days from the date of filing even if all the parties are in agreement.

Q: Do we qualify for a summary dissolution?

A: The DivorceWriter online interview provides qualifying customers with the ability to select the summary dissolution option. For a summary dissolution, ALL of the following conditions must be met:

• Either party meets the residency requirements.
• Both spouses can be present when the documents are filed and both can show valid picture ID.
• Irreconcilable differences have caused the irremediable breakdown of the marriage and the marriage should be dissolved.
• There are no children of the relationship of the parties.
• The wife is not pregnant.
• The marriage is not more than five years in duration at the time the petition is filed.
• Neither party has any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party.
• There are no unpaid obligations in excess of $7,000 incurred by either or both of the parties after the date of their marriage, not including car loans.
• The total fair market value of community property assets,excluding all encumbrances and automobiles, including any deferred compensation or retirement plan, is less than $57,000, and neither party has separate property assets,excluding all encumbrances and automobiles, in excess of $57,000.
• The parties have executed an agreement settlement.
• The parties waive any rights to spousal support.
• The parties irrevocably waive their respective rights to appeal and their rights to move for a new trial.

Q: How much is the filing fee in Minnesota?

A: The DivorceWriter price does NOT include the filing fee charged by the Court Administrator when you file for divorce. The fee for filing for divorce in Minnesota varies from county to county, but is typically approximately $390.00-$420.00.

Q: How much is the filing fee in Indiana?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The divorce filing fee varies from county to county, but typically ranges from $130.00-$176.00 in Indiana.

Q: Is it difficult to prove adultery if I choose that as the grounds for my divorce?

A: Adultery is difficult to prove. You are required to submit the sworn affidavit of a third person (not your spouse) who knows that the Defendant committed adultery and is willing to swear to it. Even if it is proven, there are certain circumstances in which it cannot be used as grounds for a divorce. For example, if adultery has occurred, but the Plaintiff forgives the Defendant, or if the Plaintiff also committed adultery, it cannot be used as the grounds for divorce. Also, the Plaintiff and Defendant must cease to live together upon Plaintiff learning of the adultery.

It is much easier to choose Cruel and Inhuman Treatment as the grounds for divorce and list adultery as one of the examples of that treatment.

Q: What documents are included in the self-prepared New Jersey DivorceWriter package?

A: Your self-prepared New Jersey DivorceWriter package will include:

• New Jersey Divorce Filing Procedures
• Verified Complaint for Divorce
• Summons
• Divorce Filing Cover Letter
• Plaintiff's Certification of Insurance
• Plaintiff's Certification of Notification of Complementary Dispute Resolution
• Plaintiff's Matrimonial Family Part Case Information Sheet
• Plaintiff's Confidential Litigant Information Sheet (CLIS)
• Child Support Worksheet (customers with children only)
• Letter to Defendant: Acknowledgment of Service
• Defendant's Acknowledgment of Service
• Filing Letter to the Court: Acknowledgment of Service

• Request to Enter Default
• Request to Enter Default Judgment and Supporting Certification Form
• Certification of Non-Military Service
• Notice of Default Hearing

• Marital Settlement Agreement
• Final Judgment of Divorce

• Appearance
• Defendant's Certification of Insurance
• Defendant's Certification of Notification of Complementary Dispute Resolution
• Defendant's Matrimonial Family Part Case Information Sheet
• Defendant's Confidential Litigant Information Sheet (CLIS)

Q: Where do I file my divorce papers in Minnesota?

A: Minnesota divorces are filed at the Court Administrator's Office of the District Court in the county where either spouse lives. In Ramsey County and Hennepin County, divorces are filed in the Office of the Clerk of the Family District Court for each County. Your self-prepared DivorceWriter package includes detailed procedures on filing for divorce in the county you selected, including the address and telephone number of the Clerk of Court.

Q: How do I serve my spouse with the divorce papers in Mississippi?

A: Formal service is not required in a divorce in Mississippi when both parties agree to all terms of the divorce. Each spouse signs the Joint Complaint for Divorce in front of a Notary Public, which is then filed with the Court as proof of service.

Q: Where do I file the divorce documents in Nevada?

A: In Nevada, divorces are filed at District Court Clerk's office in the county of filing. Carson City filers will file at the Carson City District Court Clerk's office.

Q: Will either of us be required to attend a court hearing?

A: If you file for a simplified Summary Dissolution in Minnesota, a court hearing will not take place.

If you file a Joint Dissolution and have no minor children, the court administrator will place the matter on the default calendar for approval without hearing. A hearing will only take place if the Judge determines one is necessary.

However, if you file a Joint Dissolution and have minor children, both spouses will be required to attend a hearing.

Q: Can I change my name in the divorce proceedings?

A: If you select the name change option on the online interview, the request will be automatically added to your documents at no additional cost to you.

Q: Can I change my name in Virginia divorce proceedings?

A: 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

Q: What are the grounds for filing for divorce in Tennessee?

A: While there are several fault-based grounds for divorce in Tennessee, irreconcilable differences is considered the "no-fault" grounds for divorce. For additional information on grounds for divorce in Tennessee, see Tennessee Code Annotated 36-4-101.

Q: Will either of us be required to attend a court hearing?

A: In South Carolina, both spouses must attend the final divorce hearing.

The Plaintiff is required to bring a witness with him/her to the hearing who must testify that the Plaintiff has lived "separate and apart" form his or her spouse for one year.

Q: Do any documents require notarization?

A: The filing instructions included with your DivorceWriter package will provide additional information if any documents require notarization.

Q: What are the North Carolina residency requirements for filing for divorce?

A: State Residency Requirement: At least one spouse must have resided in North Carolina for a period of at least six months before filing.

County Residency Requirement: The divorce may be filed in the North Carolina county in which either of the spouses reside.

(North Carolina Statutes - Chapter 50 - Sections: 50-8)

Q: What documents are included in the self-prepared Massachusetts DivorceWriter package?

A: Your self-prepared Massachusetts DivorceWriter package will include:

• Massachusetts Divorce Filing Procedures
• Joint Petition for Divorce
• Separation Agreement
• Affidavit of Irretrievable Breakdown
• Military Affidavit
• Financial Statement
• Certificate of Absolute Divorce or Annulment

• Child Support Worksheet
• Affidavit Disclosing Care and Custody Proceedings
• Public Assistance Affidavit

Q: Will either of us be required to attend a court hearing?

A: If the spouses have no minor children together and the wife is not pregnant, a hearing is not required. If there are minor children together, the spouses must attend a brief final hearing. If the non-filing spouse is unable to attend the hearing, DivorceWriter will provide a Motion for Absentee Testimony and Order for Abseentee Testimony.

Q: Will either of us be required to attend a court hearing?

A: The spouse who filed the divorce, also known as the Plaintiff, attends a divorce hearing approximately 60 days after the Complaint is filed. The non-filing spouse, also known as the Defendant, must receive notice of the court date and time, but is not required to attend the hearing.

Q: What documents are included in the standard (non-Cook County) Illinois DivorceWriter package?

A:

• Divorce Filing Procedures
• Petition for Dissolution of Marriage
• Entry of Appearance, Waiver, and Consent
• Marital Settlement Agreement
• Financial Affidavit (Petitioner)
• Financial Affidavit (Respondent)
• Judgment of Dissolution of Marriage

• Uniform Child Custody Jurisdiction Enforcement Affidavit (UCCJEA)
• Parenting Plan

Q: Where do I file my divorce papers in South Carolina?

A: With the Clerk of Court in the county a) where the defendant resides at the time the divorce is filed; b) where the plaintiff resides if the defendant is a non-resident and cannot be located; or c) where the parties last resided together as husband and wife unless the plaintiff is a nonresident, in which case it must be brought in the county in which the defendant resides. Your self-prepared DivorceWriter package includes detailed procedures on filing for divorce in the county you selected, including the address and telephone number of the County Clerk.

S.C. Code Ann. § 20-3-60

Q: How much is the filing fee in North Carolina?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The divorce filing fee varies from county to county, but is typically $225.00 with an additional $10.00 for a wife to resume a former last name.

Q: Can I change my name in the divorce proceedings?

A: If you select the name change option in the Online Interview, the request will be automatically added to your documents at no additional cost to you.

Q: Will either of us be required to attend a court hearing?

A: No. Prior to COVID-19 courthouse closures, most Virginia counties already allowed uncontested divorces to be finalized without a hearing by filing a Plaintiff's Affidavit and Witness Affidavit, while a few counties required Ore Tenus hearings. However, because of COVID-19, all counties allow divorces to be finalized by Affidavit.

Q: How much is the filing fee in Colorado?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The divorce filing fee in Colorado is $230.00.

Q: What documents am I selecting with the New York DivorceWriter package?

A: All DivorceWriter New York customers are selecting the following documents:

• Application for Index Number
• Summons UD-1a
• Verified Complaint UD-2
• Notice of Automatic Orders (D.R.L. 236)
• Notice of Guideline Maintenance for Uncontested Divorce
• Notice Concerning Continuation of Health Care Coverage
• Affidavit of Service UD-3
• Affidavit of Defendant UD-7
• Affidavit of Plaintiff UD-6
• Affidavit of Regularity UD-5
• Sworn Statement of Removal of Barriers to Remarriage (if you were married in a religious ceremony)
• Marital Settlement Agreement (also sometimes referred to as a Stipulation Agreement)
• Note of Issue UD-9
• Request for Judicial Intervention UD-13
• Matrimonial Request for Judicial Intervention Addendum UCS-840M
• Findings of Fact and Conclusions of LawUD-10
• Judgment of Divorce UD-11
• 130 Certificate UD-12
• Certificate of Dissolution of Marriage
• Notice of Entry UD-14
• Affidavit of Service by Mail of Judgment of Divorce with Notice of Entry UD-15
• Statement of Net Worth (Monroe County only)

• Child Support Worksheet UD-8(3)
• Annual Income Worksheet UD-8(1)
• Income Deduction Order
• Support Collection Unit Information Sheet UD-8a
• New York State Case Registry Filing Form
• Child Support Summary Form USC-111
• Qualified Medical Child Support Order UD-8b
• Stipulated Parenting Plan

Q: What are the grounds for filing for divorce in Indiana?

A: Indiana is a no-fault divorce state, which essentially requires that the marriage has suffered an irretrievable breakdown.

Q: Can I change my name in New Jersey divorce proceedings?

A: Yes. The court, upon granting a divorce or dissolution of a civil union, may allow either spouse or partner to resume any maiden or former last name.

Q: Do I need a corroborating witness?

A: As of July 1, 2021, Virginia no longer requires a corroborating witness in no-fault divorce cases.

Q: What are the basic steps to getting a divorce in Indiana?

A: The basic steps to an Indiana divorce are:

1. File the Appearance, Verified Petition for Dissolution, and Summons with Circuit Court Clerk along with the filing fee. This is also the time for filing the Agreed Provisional Orders if required by local rule as well as the CSOW and PTCW if there are children. If no Agreed Provisional Orders are being filed, the CSOW and PTCW can be filed with the final documents later.
2. Next, the Summons along with a copy of the Petition for Dissolution will be served on the other spouse, typically by registered mail sent by the Clerk's office. Before leaving the Clerk's office on the day of filing, the customer should make certain that the Clerk is going to handle completing the return receipt and that the Clerk will also fill out the appropriate spots on the reverse side of the Summons to verify that service has been made.
3. Parties with children must attend a parenting class if required by their county and the children must attend a divorce workshop if required by their county.
4. Approximately one week before the 60-day period has passed, file the Settlement Agreement, Waiver of Final hearing, and Decree of Dissolution with the Clerk. The judge sends you a copy of the finalized documents after the full 60 days have passed.

Q: Can I change my name in Florida the divorce proceedings?

A: If you select the name change option, you will be prompted to enter a former name that the wife wishes to have her name restored to and the request will be automatically added to your documents at no additional cost.

Q: How much is the filing fee in Virginia?

A: 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 $80.00-$90.00.

Q: Will either of us be required to attend a court hearing?

A: It depends. In Georgia, when you file for divorce, most counties will also schedule a hearing to finalize your divorce. However, some counties do not require a court hearing to finalize your divorce.

Q: Where do I file my divorce documents?

A: Divorces are filed at the county Circuit Court. Some counties may have a rolling type of filing system, which could result in cases being assigned to a Superior Court with jurisdiction to handle divorce cases. Procedurally, there are no differences between the two courts.

Q: What are the Georgia residency requirements for filing for divorce?

A: The spouse filing must have been a resident of Georgia for 6 months and file for divorce in the county of residence. Divorces are typically filed in the county where the Respondent lives. Even if you choose a different county than the one the Respondent lives in, DivorceWriter provides a form for the Respondent to sign accepting jurisdiction of the county chosen.

However, a non-resident may file for divorce against a spouse who has been a resident of Georgia for 6 months. In such cases, the divorce must be filed for in the county in which the respondent resides.

Q: What documents are included in the self-prepared Colorado DivorceWriter package?

A:

If you purchase a DivorceWriter Colorado divorce, you are selecting the following forms:

• Case Information Sheet (JDF 1000)
• Petition for Dissolution of Marriage(JDF 1101)
• Petitioner's Sworn Financial Statement (JDF 1111) with Supporting Schedule (JDF 1111-SS)
• Co-Petitioner's Sworn Financial Statement (JDF 1111) with Supporting Schedule (JDF 1111-SS)
• Petitioner's Mandatory Disclosure (JDF 1125)
• Co-Petitioner's Mandatory Disclosure (JDF 1125)
• Petitioner's Certificate of Compliance (JDF 1104)
• Co-Petitioner's Certificate of Compliance (JDF 1104)
• Spousal Maintenance Advisement
• Separation Agreement (JDF 1115)
• Decree of Dissolution of Marriage (JDF 1116)
• Affidavit for Decree without Appearance of the Parties (JDF 1201) (For divorces with no minor children only)

If you indicate that you have minor children, you are also selecting these additional forms:

• Parenting Plan (JDF 1113)
• Child Support Obligation Worksheet (Worksheet A for Sole Physical Care or Worksheet B for Shared Physical Care)
• Notice to Set Hearing (JDF 1123)
• Notice of Hearing (JDF 1124)
• Motion for Absentee Testimony (JDF 1309) and Order for Absentee Testimony (JDF 1310) (If one spouse is unable attend the hearing)
• Support Order (JDF 1117)

Q: How do I get a copy of the Model Friend of the Court Handbook?

A: You can obtain a copy of the Model Friend of the Court Handbook at courts.michigan.gov.

Q: How much is the filing fee in Georgia?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. In Georgia, the filing fee is typically $150-$250.

Q: What are the New York residency requirements for filing for divorce?

A: To divorce in New York you must meet at least one of these residency requirements:

Both spouses currently live in New York AND cause of divorce happened in state;
At least one spouse has lived in New York for at least the last two years;
At least one spouse has lived in New York for at least the last year AND couple was married in state;
At least one spouse has lived in New York for at least the last year AND couple lived in state while married;
At least one spouse has lived in New York at least the last year AND cause of divorce occurred in state.

The county for filing is the county in which either of the parties lives.

For more information, see DRL Sec. 230.

Q: How long does it usually take to finalize a divorce in Oregon?

A: In Oregon, uncontested divorces can be finalized in as little as six weeks.

Q: Who can file for divorce in Florida?

A: To obtain a divorce in Florida, one of the parties to the marriage must reside for six months in Florida before the filing of the petition. As long as one spouse meets the residency requirement, either spouse is entitled to file for divorce in Florida.

An action for a dissolution of marriage can be filed either in the Circuit Court for the county where the parties last lived together or in the Circuit Court for the county in which the responding (non-filing) party resides.

Q: How do I serve my spouse with the divorce papers in Georgia?

A: Formal service is not required in an uncontested divorce in Georgia. The non-filing spouse signs an Acknowledgment of Service and Consent to Jurisdiction in front of a Notary Public, which is then filed with the Court as proof that he or she was served with the divorce papers.

Q: Do we have to be separated to get a divorce in New Jersey?

A: No. If you are seeking a divorce on the no-fault grounds of irreconcilable differences for at least six (6) months, you and your spouse are allowed to file even if you still live together.

Q: What documents are included in the self-prepared South Carolina DivorceWriter package?

A: Your self-prepared South Carolina DivorceWriter package will include:

• South Carolina Divorce Filing Procedures
• Family Court Cover Sheet
• Certificate of Exemption
• Summons
• Complaint for Divorce
• Financial Declarations
• Acceptance of Service
• Affidavit of Service by Mailing
• Answer
• Request for Hearing
• Property Settlement Agreement or Marital Settlement Agreement
• Child Support Worksheets (if applicable)
• Final Order of Divorce
• Report of Divorce

Q: Will either of us be required to attend a court hearing?

A: Yes. The spouse who filed for divorce (the Petitioner) will be required to attend a brief divorce hearing. If the parties have no minor children, the hearing cannot be held until at least ten (10) days have passed from the filing of the Petition. If the parties do have minor children, the hearing cannot be held until at least thirty (30) days have passed from the filing of the Petition. For more information, see Okla. Stat. Title 12, Rule 8.

Additionally, if the parties have minor children, the Judge cannot sign the Decree of Divorce until ninety (90) days have passed from the date the divorce is filed. There is no such requirement if the parties do not have minor children.

Q: How much is the filing fee in Illinois?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The filing fee varies from county to county, but is typically $210.00-$320.00 in Illinois. (Note: The filing fee in Cook County is $388.00 as of August 2019 plus a $251.00 appearance fee for the filing of Respondent's Appearance form for a total of $639.00. An Appearance fee is also charged in Cook County if the spouses file a Joint Petition for Dissolution of Marriage.)

Q: When you use DivorceWriter, you are selecting the following self-prepared Michigan DivorceWriter document package?

A:

• Complaint for Divorce
• Summons and Complaint (MC 01)
• Default-Request, Affidavit and Entry (MC 07)
• Uniform Spousal Support Order (FOC 10)(*if spousal support is requested)
• Judgment of Divorce
• Notice of Hearing (FOC 7)
• Notice of Hearing and Motion (MC 326)
• Proof of Service
• Record of Divorce (DCH-0838)
• *If Defendant is in the military, your DivorceWriter package includes an Appearance and Waiver of Military Relief Law Rights instead of a Default-Request, Affidavit and Entry (MC 07)

• Verified Statement and Application for IV-D Services (FOC 23)
• Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC 416)
• Domestic Relations Judgment Information Form (FOC 100)
• Certificate on Behalf of Plaintiff Regarding Ex Parte Interim Support Order(Wayne County only)
• Certificate of Conformity for Domestic Relations Order or Judgment (FOC 1225)(Wayne County only)
• Order Data Form-Support (FD/FOC 4002) (4 copies)(Wayne County only)
• Uniform Child Support Order (FOC 10/52)

Q: What documents are included in the self-prepared Arizona DivorceWriter package?

A: Your self-prepared Arizona DivorceWriter package will include:

• Arizona Divorce Filing Procedures
• Petition for Dissolution of Marriage
• Summons
• Preliminary Injunction
• Notice of Right to Convert Health Insurance
• Creditor Notification
• Sensitive Data Sheet
• Acceptance of Service
• Consent Decree of Dissolution

• Child Support Worksheet
• Child Support Order
• Child Custody Affidavit
• Parenting Plan

Q: How do I serve my spouse with the divorce papers in Indiana?

A: The Clerk will serve your spouse by sending the divorce papers to him or her by Certified Mail with a return-receipt requested.

Q: How much is the filing fee in Oregon?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Oregon varies from county to county, but is typically $250.00-$400.00.

Q: How much is the filing fee in California?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. California has adopted a statewide fee schedule, which requires a filing fee of $435.00 as of 1/1/2020 ($450.00 in Riverside County and San Francisco County) for a dissolution of marriage.

Q: In which county can the divorce be filed?

A: In New York, the proper county for filing the divorce is the county of residence of either spouse. If both spouses reside in the same county, then that county is the proper county for filing. However, if each spouse resides in a different New York county, either county is acceptable.

Q: How much is the filing fee in Arkansas?

A: The DivorceWriter price does NOT include the filing fee charged by the Circuit Clerk when you file for divorce. The fee for filing for divorce is usually $165.

Q: Will either of us be required to attend a court hearing?

A: DivorceWriter provides Indiana customers with a Waiver of Final Hearing, which generally allows both spouses to avoid a court hearing as long as both of you sign the Waiver and Settlement Agreement.

Q: What are the basic steps to getting a simplified divorce in Illinois?

A: The basic steps for completing a simplified divorce in Illinois are:

1. Both spouses review and sign all self-prepared DivorceWriter documents.
2. E-file your documents.
3. Attend the final hearing.
   • In simplified divorces, both spouses are required to attend.
   • Assuming that both spouses have agreed to waive the two-year period of living separate and apart down to six months, and assuming the six-month period of living separate and apart has passed by the time of the hearing, the divorce is usually finalized at the hearing.
4. File the Vital Statistics Form that goes to the State as a formal record of the divorce.

Q: How do I serve my spouse with the divorce papers in Arkansas?

A: Our Arkansas DivorceWriter documents include an Entry of Appearance and Waiver of Service of Summons, which is a document that the non-filing spouse will sign in front of a Notary Public. This document has a few purposes, one of which is officially notifying the Court in writing that the non-filing spouse acknowledges receipt of the Complaint for Divorce, and that he or she waives the right to formal service of the Complaint.

If any customer encounters a problem where the Clerk's office requests a Summons, he or she should first make sure that the Clerk has acknowledged that the Defendant has waived service in the Entry of Appearance and Waiver of Service of Summons. This should be sufficient, although we can provide a traditional Summons if necessary. Traditional service will require the filing spouse to find a friend (aka helper), to actually hand the documents to the Defendant, and then have the Defendant sign an acknowledgement of service that is filed with the Court.

Q: How much is the filing fee in Arizona?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Arizona varies from county to county, but is typically $158.00-$353.00.

Q: What are the South Carolina residency requirements for filing for divorce?

A: The South Carolina residency requirement depends on whether both spouses live in the state. If both spouses are South Carolina residents when the divorce is filed, at least one spouse must have lived in South Carolina for at least 90 days before filing. If only one spouse lives in South Carolina, that spouse must have lived in the state for at least one year before the divorce is filed.

There is no minimum county residency requirement. A divorce may be filed in the county where (1) the Defendant resides at the time the divorce is filed, (2) the Plaintiff resides if the Defendant is a nonresident and cannot be located, or (3) the parties last resided together as husband and wife, unless the Plaintiff is a nonresident, in which case the divorce must be filed in the county where the Defendant resides.

Your self-prepared DivorceWriter package includes detailed procedures for filing in the county you selected, including the address and telephone number of the County Clerk. S.C. Code Ann. Sec. 20-3-30.

Q: Will either of us be required to attend a court hearing?

A: In an uncontested California divorce, you typically will not need a court hearing. After filing your petition at the court house, you may be able to file the rest of the divorce paperwork by mail.

Q: What documents are included in the self-prepared DivorceWriter Ohio divorce package?

A: Your self-prepared Ohio DivorceWriter package will include:

• Ohio Divorce Filing Procedures
• Complaint for Divorce
• Answer
• Separation Agreement
• Financial Disclosure Affidavit
• Waiver of Legal Representation
• Waiver of Service of Summons
• Decree of Divorce

• Child Custody Affidavit
• Child Support Worksheet
• Application for Child Support Services Non-Public Assistance

• Shared Parenting Plan
• Final Decree of Shared Parenting

• Health Insurance Disclosure Affidavit

• Qualified Medical Child Support Order
• Health Care Verification

Q: How much is the filing fee in New York?

A: Court filing fees for divorce in New York are not included in the DivorceWriter package price:

• $210.00 is currently charged to buy an Index Number in New York. (Note: This is the terminology used in New York for what is generally called a filing fee in other states.)
• Additional fees:
  • $30.00 fee for filing the Note of Issue
  • $95.00 fee for filing the Request for Judicial Intervention (not required for New York City filers)
  • $5.00 fee for filing the Certificate of Dissolution of Marriage

Q: What are the basic steps to getting a divorce in Nevada?

A: The basic steps to a Nevada divorce are:

1. Both spouses sign the Joint Petition for Divorce and several other documents in front of a Notary Public.
2. One spouse files the notarized documents with the District Court Clerk and pays the filing fee.
3. The Court Clerk sends your Divorce Decree signed by the judge in about 2-3 weeks.

Q: How much is the filing fee in Pennsylvania?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price.

The divorce filing fee varies from county to county, but typically ranges from $125.00 to $350.00 in Pennsylvania.

Q: Where do I file the divorce documents in Virginia?

A: In Virginia, divorces are filed at the Circuit Court Clerk's office.

Q: How much is the filing fee in Tennessee?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Tennessee is typically $150.00-$378.00.

Q: Where do I file the divorce documents?

A: Divorces are filed at the Superior Court Clerk's office in the county where one or both spouses have lived for at least three (3) months.

Q: How much is the filing fee in Texas?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The divorce filing fee varies from county to county, but typically ranges between $250-$350. The DivorceWriter paperwork is designed to minimize the fees. For instance, DivorceWriter provides a Waiver of Citation, which saves money by eliminating the need pay for a sheriff to deliver the divorce Petition to your spouse.

Q: Will either of us be required to attend a court hearing?

A: No. Since the you and your spouse will sign a Decree of Dissolution consenting to finalization of the divorce, the Judge usually signs the Decree without a final hearing. Arizona Statutes 25-329.

Q: How do I serve my spouse with the divorce papers in Tennessee?

A: In place of formal service of process, the Defendant may enter into a written notarized Marital Dissolution Agreement with Plaintiff that makes specific reference to a pending divorce by a court and docket number, or states that the defendant is aware that one will be filed in this state and that the defendant waives further service and waives filing an answer to the complaint.

Such waiver of service shall only be valid for a period of one hundred eighty (180) days from the date the last party signs the Marital Settlement Agreement.Tennessee Code Annotated 36-4-103(a)(2).

Q: Where do I file for divorce in Michigan?

A: Divorces are filed at the Circuit Court Clerk's office in the county of filing.

Q: Will we have to go to court?

A: Generally, no hearing is required. However, if you select Adultery as the ground for your divorce, you will be required to go to court. If any other ground is selected, a hearing should not be required.

Q: How long does it usually take to finalize a divorce in Tennessee?

A: A Complaint for Divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before the final divorce hearing if the parties have no unmarried child under eighteen (18) years of age and for ninety (90) days before the final divorce hearing if the parties have an unmarried child under eighteen (18) years of age. Tennessee Code Annotated 36-4-103(c)(1).

Q: How long does it usually take to finalize a divorce in Michigan?

A: No Children: 60 days from the date of filing

Children: Six months the date of filing

Q: How do I serve my spouse with the divorce papers in Oregon?

A: In a standard Oregon divorce, the non-filing spouse, also known as the Respondent, signs an Acceptance of Service in front of a Notary Public, which eliminates the need for formal service. Petitioner simply mails or hand-delivers the divorce documents to the Respondent. When the spouses act as Co-Petitioners, the spouses sign a Joint Petition and are designated as Co-Petitioners, which eliminates the need for service.

Q: Will either of us be required to attend a court hearing?

A: In Michigan, the spouse who files the divorce (Plaintiff) must attend a hearing in order to finalize the divorce. The non-filing spouse (Defendant) does not need to attend this hearing, assuming his or her notarized Answer and Waiver was filed when the Plaintiff filed the initial divorce documents. The DivorceWriter Filing Instructions include sample testimony for the hearing.

Q: Will either of us be required to attend a court hearing?

A: The spouse who files for divorce must attend a hearing in order to have the divorce finalized. The presence of the non-filing spouse is not required at the hearing.

Q: How long does it take to finalize a divorce in Michigan?

A: In Michigan divorces where there are no children of the marriage, the divorce can be finalized in as little as 60 days. In Michigan divorces with children, there is a 6-month waiting period before the divorce can be finalized.

Q: Does Arkansas require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: When the parties to a divorce action have minor children residing with one (1) or both parents, the court, prior to or after entering a Decree of Divorce may require parties to complete at least two (2) hours of classes concerning parenting issues faced by divorced parents.

See: Ark. Stat. Ann. § 9-12-322

Q: Will either of us be required to attend a court hearing?

A: In Oregon, when both spouses have reached an agreement on all matters, the hearing requirement can be waived. DivorceWriter provides the forms to request that the Court waive the divorce hearing as part of our Oregon document package.

Q: Where do I file the divorce documents in Tennessee?

A: Divorces in Tennessee are most commonly filed in the Circuit Court, although some counties require/allow divorces to be filed in the Chancery Court or General Sessions Court instead. If you aren't sure which court the divorce should be filed in, go to the Circuit Court Clerk?s office and ask if divorces are filed there or in another court.

Q: Will either of us be required to attend a court hearing?

A: No. Generally, if both spouses are in agreement on all matters concerning the division of property and debts as well as any minor or dependent children, a hearing is not necessary to obtain a divorce in Pennsylvania.

Q: Where do I file the divorce documents in Illinois?

A: Divorces in Illinois must be e-filed. Once the Circuit Court Clerk's office in the county of filing has accepted your e-filed divorce papers, a case number is assigned. It may take 1-2 business days for the Clerk to accept your filing.

Q: What are the basic steps to getting a divorce in Minnesota?

A: The basic steps to a Minnesota divorce are:

1. Both spouses review and then sign the dissolution documents in front of a Notary.
2. The Petitioner files the Joint Petition for Dissolution of Marriage and related documents with the Court Administrator and pays the filing fee.
3. Both spouses will receive Notice of Case Assignment in the mail and a Notice of Hearing if the Judge determines a hearing is necessary.
4. Attend the hearing if the Judge has determined one is necessary. (Note: A hearing is usually only required when the parties have minor children together.)
5. The Judge signs the Decree of Dissolution following the final hearing and/or mails a finalized Decree to you and your spouse.

Q: Will either of us be required to attend a court hearing?

A: In Ohio, to obtain a dissolution of marriage, both spouses must attend the hearing together. To obtain a divorce, only the spouse that files (Plaintiff) is required to attend the hearing.

Q: Can I change my name in South Carolina divorce proceedings?

A: In South Carolina, either spouse may request to take back a former legal surname. The court, upon the granting of final judgment of divorce or an order of separate maintenance, may allow a party to resume a former surname or the surname of a former spouse.

S.C. Code Ann. § 20-3-180

Q: How long will it take to finalize my dissolution/divorce?

A: Generally, it will take between 31-89 days to complete your dissolution of marriage in Ohio.

While there is no set waiting period with Ohio dissolutions, the mandatory dissolution hearing cannot take place sooner than 30 days prior to the date the Petition for Dissolution is filed, and cannot take place more than 90 days after the date of filing. Since a dissolution is generally finalized by the judge at the hearing, 31-89 days is the range for completing the dissolution.

Additional information can be found at: codes.ohio.gov

Like a dissolution, a divorce is usually finalized at the divorce hearing. In many counties, you will be able to schedule your final hearing while you are at the Clerk's office filing your documents. In other counties, you will be notified of a hearing date later. Regardless, a divorce in Ohio is generally finalized within one to three months from the date it was filed.

Q: What are the Virginia residency requirements for filing for divorce?

A: 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.

Q: What are the signature requirements for the documents I will receive?

A: 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.

Q: How do I serve my spouse with the divorce papers in Oklahoma?

A: In an uncontested (waiver) divorce in Oklahoma, the spouse who files for divorce (the Petitioner) will mail or hand-deliver a copy of the Petition for Dissolution of Marriage to the other spouse (the Respondent) once it has been filed. The Respondent will then sign a Waiver of Summons and Entry of Appearance, making it unnecessary to have him or her formally served by a process server.

Q: Where do I file my divorce documents?

A: All divorces in New York are filed at the county clerk's office in the county was either spouse lives.

Q: Will either of us be required to attend a court hearing?

A: In a standard Illinois divorce, the Petitioner, which is the spouse that filed for divorce, must attend a hearing to finalize it. The Respondent is not required to attend. However, in a simplified divorce, both spouses must be present at the divorce hearing.

Q: Will either of us be required to attend a court hearing?

A: The spouse that files for divorce (Petitioner) will be required to attend a court hearing. The Respondent is not required to attend, although he or she may do so if desired. The hearing can take place as early as 61 days after the Petition for Divorce is filed.

Q: What happens after I receive my self-prepared Nevada DivorceWriter package?

A: Along with your self-prepared Nevada 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 District Court Clerk for the county of filing selected by the customer.

Q: How much is the filing fee in Ohio?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for dissolution or divorce in Ohio is typically $175.00-$450.00.

Q: What are the grounds for filing for divorce?

A: California allows a person to file a Petition for Dissolution of Marriage on the grounds of (1) irreconcilable differences or (2) incurable insanity. The DivorceWriter online interview accommodates the grounds of irreconcilable differences only.

Q: How do I serve my spouse with the divorce papers in Minnesota?

A: Formal service is not required in a divorce in Minnesota when both parties agree to all terms of the divorce. Each spouse signs the Joint Petition in front of a Notary Public, which is then filed with the Court as proof of service.

Q: What if both spouses meet the six-week residency requirement?

A: One spouse must be designated as resident spouse. The resident spouse must have lived in Nevada for at least six weeks and also be able to designate a friend, relative or co-worker as resident witness. The resident witness must be 18 and prepared to sign an affidavit in front of a Notary Public that swears to having personal knowledge that the resident spouse meets the six-week residency requirement. If both spouses meet the requirement, select the spouse who will be filing the divorce documents with the Clerk.

Q: Can I change my name in Nevada divorce proceedings?

A: If you select the name change option, you will be prompted to enter a former name that the wife wishes to have her name restored to and the request will be automatically added to your documents at no additional cost. Pursuant to Nevada Revised Statute 125.130(4), only the wife is entitled to have her name restored to a maiden or former last name through the divorce proceedings.

Q: What if my spouse and I don't live in the same state?

A: 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.

Q: Can I change my name in Arkansas divorce proceedings?

A: Through Arkansas divorce proceedings, the wife may request to restore her name to the name she had before the marriage took place. Ark. Stat. Ann. § 9-12-318.

Q: What documents are included in the self-prepared Indiana DivorceWriter package?

A: Your self-prepared Indiana divorce package includes:

• Appearance
• Confidential Version of the Appearance
• Notice of Exclusion of Confidential Information from Public Access
• Verified Petition for Dissolution of Marriage
• Agreed Provisional Orders (not necessarily required if there are no children, but may be required per local rules depending on county; customer has the option of asking the clerk if the judge will finalize matters without a provisional order. If not, the customer should file this document in order to avoid a hearing)
• Child Support Obligation Worksheet (CSOW) (children only)
• Parenting Time Credit Worksheet (PTCW) (children only)
• Summons
• Settlement Agreement, Waiver of Final Hearing, and Decree of Dissolution (all one document)

Q: What documents are included in the self-prepared Ohio DivorceWriter dissolution of marriage package?

A: All Ohio customers select either a Petition for Dissolution or a Complaint for Divorce. The Petition includes the Waiver of Service of Summons. With divorce, that Waiver is a separate document from the Complaint.

All customers also select either a Judgment Entry for Dissoluton or a Decree of Divorce.

All Ohio customers (divorce and dissolution) are also selecting the following:

• Separation Agreement
• Financial Disclosure Forms (known in most counties as an Affidavit of Income and Expenses and an Affidavit of Property)

• Parenting Proceeding Affidavit
• Child Support Worksheet
• Parenting Plan
• Parenting Judgment Entry
• Application for Child Support Services
• Health Insurance Affidavit

Q: Does South Carolina require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: South Carolina does not require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce.

Q: Where are the divorce documents filed?

A: In Texas, divorces are filed at the County District Court Clerk's office. DivorceWriter will provide you with contact information for the District Court Clerk in your county.

Q: What documents are included in the Cook County DivorceWriter package?

A: Your self-prepared Cook County, Illinois DivorceWriter package will include:

• Cook County Divorce Filing Procedures
• Domestic Relations Cover Sheet
• Appearance
• Petition for Dissolution of Marriage
• Certification and Agreement
• Petitioner's Disclosure Statement
• Respondent's Disclosure Statement
• Marital Settlement Agreement
• Uniform Support Order
• Judgment of Dissolution of Marriage

• Uniform Child Custody Jurisdiction Enforcement Affidavit (UCCJEA)
• Parenting Plan
• Family Support Affidavit

Q: What documents are included in the self-prepared Philadelphia DivorceWriter package?

A: The standard Philadelphia County DivorceWriter package includes:

• Domestic Relations Information Sheet (1 copy)
• Complaint in Divorce (3 copies)
• Marital Property Settlement Agreement(3 copies)
• Plaintiff's Acknowledgment (3 copies)
• Defendant's Acknowledgment (3 copies)
• Waiver of Notice of Intention to Request Entry of Divorce Under Sec. 3301(c) of the Divorce Code (3 copies)
• Notice of Intention to Request Entry of Sec. 3301(c) Divorce Decree (3 copies)
• Praecipe to Transmit Record (3 copies)
• Notice of Intention to Retake Prior Name (if one party is seeking to have a former name restored) (3 copies)

• Support Guideline Computations-Child Support(3 copies)

Q: How much is the filing fee in Washington?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Washington is currently $314.00. Note: This fee is set to increase to $364.00 for any documents received for filing after July 28, 2025.

Q: What are the grounds for filing for divorce in Oklahoma?

A: The no-fault grounds for divorce in Oklahoma is incompatability. For more information, see Oklahoma Statutes Title 43-101

Q: How much is the filing fee in Florida?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Florida varies from county to county, but is typically $350.00-$410.00.

Q: What are the Kentucky residency requirements for filing for divorce?

A: To file for divorce in Kentucky at least one spouse must have lived in Kentucky for at least 180 days before the divorce is filed. Kentucky Revised Statute 403.140. While an out-of-state spouse is entitled to file for divorce in Kentucky based on the other spouse having lived there for at least 180 days, it is usually easier for the resident spouse to file since he or she probably lives closer to the Clerk's office and courthouse.

The proper county for filing is the Kentucky county where either spouse lives.

Q: Will either of us be required to attend a court hearing?

A: No hearing is required for any grounds except adultery.

If adultery is the grounds alleged, the Plaintiff must go to Court and bring at least one witness to support the allegation. Many couples avoid this issue by simply selecting the grounds of cruel and inhuman treatment, and then supporting that grounds by listing adulterous incidents as proof of cruel and inhuman treatment. This generally allows them to avoid the hearing.

Q: What are the residency requirements for filing for divorce in Illinois?

A: The spouse that files for divorce is the Petitioner. The other spouse automatically becomes the Respondent. Either spouse can file for divorce in Illinois as long as at least one spouse has lived in Illinois for at least 90 days before divorce is filed.

While an out-of-state spouse is entitled to file for divorce in Illinois based on the other spouse having lived there for at least 90 days, it is usually easier for the resident spouse to file since he or she probably lives closer to the Clerk's office and courthouse.

Q: What is a Florida simplified divorce?

A: A Florida simplified divorce requires less paperwork and fewer steps to file and complete. To be eligible to file a simplied divorce, the spouses must have no minor children together and have agreed that neither spouse will receive alimony/spousal support.

While in a standard Florida divorce only the spouse who files (Petitioner) must attend a hearing, in a simplified divorce both spouses must attend a hearing together.

If the spouses qualify and are both willing to attend a hearing together, they will receive DivorceWriter documents for a simplified divorce. If not, they will receive DivorceWriter documents for a standard divorce.

Q: What documents are included in the self-prepared Arkansas DivorceWriter package?

A: Your self-prepared Arkansas DivorceWriter package will include:

• Arkansas Divorce Filing Procedures
• Domestic Relations Cover Sheet
• Complaint for Divorce and Verification
• Entry of Appearance Pro Se and Waiver of Service of Summons
• Answer to Complaint for Divorce
• Affidavit(s) of Financial Means
• Property Settlement Agreement
• Decree of Divorce

• Confidential Information Sheet
• Affidavit of Financial Means

Q: Does Maryland require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: In a divorce involving children, the parents and/or their child(ren) may be required to attend an educational seminar about coping with divorce pursuant to Maryland Code Sec. 7-103. If your county has such a requirement, it is important to sign up for the class as soon as possible since most judges will not allow you to finalize your divorce until you have completed the class and filed a certificate of completion with the Clerk.

Q: Will either of us be required to attend a court hearing?

A: With a regular dissolution, only the spouse that files (Petitioner) must attend the hearing.

With a simplified dissolution, both spouses must attend the hearing together and both spouses must go to the Clerk's office to start the process. They do not have to go to file at the same time, but each will have to to the Clerk's office at some point before the process can begin.

If both spouses are not willing to go to the Clerk's office and also attend a hearing together, a regular (non-simplified) dissolution will be required.

Q: What are the Arkansas residency requirements for filing for divorce?

A: The plaintiff must prove that one of the spouses has been a resident of the state for 60 days before filing for divorce, and that one of the spouses has been a resident of the state for 3 full months before the final judgment granting the decree of divorce.

Q: Do I have to pay extra to change my name back to a former or maiden name?

A: No. If you select the name change option on the name change portion of the online interview, the request will be automatically added to your DivorceWriter documents at no additional cost to you.

Additional information on obtaining a change of name in North Carolina is available at: https://www.ncga.state.nc.us.

Q: What are the Colorado residency requirements for filing for divorce?

A: To file for divorce in Colorado, at least one spouse must have lived in Colorado for at least ninety (90) days before the divorce is filed. Colorado Revised Statute 14-10-106(1)(a)(I). While an out-of-state spouse is entitled to file for divorce in Colorado based on the other spouse having lived there for at least 90 days, it is usually easier for the resident spouse to file since he or she probably lives closer to the Clerk's office and courthouse.

The proper county for filing is the Colorado county where either spouse lives.

Q: Do we have to be separated to get a divorce in Minnesota?

A: There is no requirement that a couple be separated for any period of time in order to file for divorce in Minnesota.

Q: Can I change my name in Minnesota divorce proceedings?

A: If you select the name change option in the Online Interview, the request will be automatically added to your documents at no additional cost to you.

Q: Who selects the documents I will receive?

A: With DivorceWriter, not only do you prepare your own documents, you also select which documents you will receive and file. On the preceding page, you selected whether you have children or not, which determines if you will receive documents for divorces with children. When you receive the DivorceWriter package you selected, you choose which documents to file based on the information contained in the written filing procedures you will receive with your package.

Q: Can I change my name in Oklahoma divorce proceedings?

A: When a divorce is granted in Oklahoma, a wife is allowed to resume her maiden or former last name. 43 O.S. Section 121

Q: Do we have to be separated to get a divorce in Oklahoma?

A: There is no requirement that a couple live at separate residences in order to divorce in Oklahoma.

Q: What documents are included in the self-prepared Oklahoma DivorceWriter package?

A: Your self-prepared Oklahoma DivorceWriter package will include:

• Civil/Domestic Cover Sheet
• Petition for Dissolution of Marriage
• Automatic Temporary Injunction Notice
• Waiver of Summons and Entry of Appearance
• Decree of Dissolution

• Uniform Child Custody Enforcement Act Affidavit
• Parenting Plan Order
• Child Support Worksheet

Q: What is the Automatic Temporary Injunction Notice and Waiver?

A: Once you file for divorce, an Automatic Temporary Injunction Notice goes into effect. It prevents you and your spouse from doing the following while the divorce is pending:

• Selling or disposing of property;
• Damaging property;
• Taking money from bank accounts, except for necessities or usual course of business, without your written permission or court approval;
• Hiding your children or removing them from the State.

Q: What are the Oklahoma residency requirements for filing for divorce?

A: One or both spouses must have been a resident of Oklahoma for six (6) months immediately before filing for divorce.

Any person who has been a resident of any United States army post or military reservation within the State of Oklahoma for the last six (6) months may file for divorce in Oklahoma. For more information, see Oklahoma Statute Title 43 Sec. 102

Q: Do we have to be live at different residences to get a divorce in Alabama?

A: No. As long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof.

Q: How long does it usually take to finalize a divorce in Mississippi?

A: Complaints for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before the Judgment is entered.

Q: What documents are included in the self-prepared Mississippi DivorceWriter package?

A: Your self-prepared Mississippi DivorceWriter package will include:

• Mississippi Divorce Filing Procedures
• Joint Complaint for Divorce
• Separation and Property Settlement Agreement or Separation and Child Custody and Property Settlement Agreement
• Cover Sheet
• Financial Statement(s)
• Certificate(s) of Compliance
• Notice of Hearing
• Final Judgment

Q: What are the grounds for filing for divorce in Mississippi?

A: Mississippi is a no-fault divorce state. Divorce may be granted on the no-fault ground of irreconcilable differences (Miss. Code Ann. § 93-5-2).

Q: Can I change my name in Mississippi divorce proceedings?

A: When filing for a divorce, each spouse has the right to petition the court for a name change.

Q: What documents are included in the self-prepared Minnesota DivorceWriter package?

A: Your self-prepared Minnesota DivorceWriter package will include:For Summary Dissolution of Marriage:

• Minnesota Divorce Filing Procedures
• Minnesota Summary Dissolution Information Booklet
• Joint Petition for Summary Dissolution
• Confidential Information Form

• Minnesota Divorce Filing Procedures
• Joint Petition, Agreement, and Judgment and Decree for Marriage Dissolution Without Children
• Confidential Information Form
• Appendix A (if spousal maintenance is needed)

• Minnesota Divorce Filing Procedures
• Joint Petition, Agreement, and Judgment and Decree for Marriage Dissolution With Children
• Confidential Information Form
• Appendix A (if spousal maintenance is needed)
• Child Support Worksheets

Q: What documents am I selecting if I choose an Oregon divorce with children?

A: By choosing an Oregon divorce with children, you are selecting the following documents:

• Oregon Divorce Filing Procedures
• Acknowledgment about Dissolution
• Co-Petition for Dissolution of Marriage
• Notice of Statutory Restraining Order Preventing Dissipation of Assets
• Family Law Confidential Information Form (CIF) UTCR 2.130
• Notice of Filing of Confidential Information Form UTCR 2.130.2
• Certificate of Mailing
• Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing and Order
• Affidavit in Support of Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing
• Affidavit Supporting Judgment of Dissolution
• Stipulated Judgment of Dissolution of Marriage
• Child Support Worksheet
• Certificate re: Pending Child Support Proceedings and/or Existing Child Support Orders/Judgments
• Parenting Plan
• Waiver of Further Appearance and Consent to Entry of Judgment by Child Who Is a Party to the Action (for customers with unemancipated, unmarried children over 18, but under 21)

Q: Can I change my name in Alabama divorce proceedings?

A: Upon request, the wife may resume the use of her maiden name or any previous surname. Alabama State Divorce Code - Chapter 2, Section 30-2-11

Q: What are the grounds for filing for divorce in Alabama?

A: Alabama allows for no-fault divorce when there has been an irretrievable breakdown of the marriage and further attempts at reconciliation are impractical or futile and are not in the best interests of the parties or family Alabama Code 30-2-1(a)(9).

Q: What documents are included in the simplified Illinois DivorceWriter package?

A:

• Divorce Filing Procedures
• Joint Petition for Simplified Dissolution of Marriage
• Joint Affidavit Regarding Separation of the Parties, Division of Property, and Waiver of Bifurcated Hearing
• Agreement as to Assets and Debts
• Judgment for Dissolution of Marriage

Q: What is considered to be the date of separation in Florida?

A: The term "separation date" refers to the date when at least one of the spouses decided to end the marriage with no intent to reconcile. This date is often a matter of interpretation. It is sometimes the date the spouses stopped living together although not always. Moreover, even spouses that live apart might not be considered separated if they are maintaining the marital relationship, attending marriage counseling, and/or holding themselves out as a married couple.

A separation date is required information on the Florida Petition for Dissolution of Marriage. Consider this date carefully as it can affect property division and spousal support if you and your spouse are ever unable to agree about matters pertaining to the dissolution of your marriage at a later time in the process.

Q: What documents am I selecting if I choose standard no children divorce?

A: By choosing divorce with no children, you are selecting the following documents:

• Oregon Divorce Filing Procedures
• Acknowledgment about Dissolution
• Co-Petition for Dissolution of Marriage
• Notice of Statutory Restraining Order Preventing Dissipation of Assets
• Family Law Confidential Information Form (CIF) UTCR 2.130
• Notice of Filing of Confidential Information Form UTCR 2.130.2
• Certificate of Mailing
• Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing and Order
• Affidavit in Support of Motion for Order Allowing Entry of Judgment on Affidavit in Lieu of Hearing
• Affidavit Supporting Judgment of Dissolution
• Stipulated Judgment of Dissolution of Marriage

Q: Who prepares the documents I will receive?

A: As the persons who complete the online interview and provide all of the information that is specific to your situation, which will be transferred to your documents by our automated system, you and/or your spouse are the sole preparers of your divorce documents. DivorceWriter prints and ships your self-prepared documents to you.

Q: What are the Minnesota residency requirements for filing for divorce?

A: One of the parties to the dissolution of marriage must have been a resident of Minnesota for 180 days immediately prior to filing for dissolution of marriage. The dissolution of marriage may be filed in a county where either spouse resides.

Q: What are the grounds for filing for divorce in Nevada?

A: The most common ground for divorce in Nevada is incompatibility. All that is required is for both spouses to agree that they are no longer compatible with each other. Additional information on grounds for divorce in Nevada is available at Nevada Revised Statute 125.010. DivorceWriter forms accommodate customers who wish to divorce for the reason of incompatibility only.

Q: Which spouse files the divorce documents?

A: The spouse who files for divorce is the Petitioner. The other spouse is the Respondent.

To file for divorce in California, at least one spouse must have been a resident of California for at least six (6) months and of the county where the divorce is filed for at least three (3) months before filing for divorce.

Q: What are the Alabama residency requirements for filing for divorce?

A: If the non-filing spouse (the Defendant) lives in Alabama, there is no required length of time to live in Alabama before filing for divorce. However, if the Defendant does not live in Alabama, the filing spouse (the Plaintiff) must live in Alabama for at least six (6) months before filing for divorce. Alabama Code - Chapter 2, Section 30-2-5

Q: Does Kentucky allow a wife change her name in the divorce proceedings?

A: If the wife wants to change her last name back to her maiden or other former name, enter the full former name here and the request will be automatically added to your documents at no additional cost. Kentucky Revised Statute 403.230.

Q: What are the grounds for filing for divorce in Kentucky?

A: The grounds for divorce in Kentucky is that the marriage is irretrievably broken. Kentucky Revised Statute 403.140(c).

Q: Do we have to live at different residences to get a divorce in Kentucky?

A: In Kentucky, a judge cannot finalize the divorce until the parties have lived apart for 60 days. Living apart can include living under the same roof as long as the parties do not sleep in the same bed and do not have sexual relations with each other.

Q: In which county can the divorce be filed?

A: The spouse that files for divorce is the Petitioner. The other spouse automatically becomes the Respondent.

The divorce can always be filed in the Georgia county where the Respondent resides. However, if both spouses agree on any other county in Georgia other than the one where the Respondent resides, DivorceWriter provides a form for the Respondent to sign consenting to the jurisdiction of the court in the agreed upon county.

Q: What are the grounds for filing for divorce in Colorado?

A: The only grounds for divorce in Colorado is the irretrievable breakdown of the marriage.

Q: How do we prove that the residency requirement is met?

A: The spouse who files for divorce is required to prove that either he/she meets the six month residency requirement or that his/her spouse meets the requirement by presenting a valid Florida driver's license, Florida ID card, or Florida voter registration card of one of the spouses.

If you are unable to present one of those forms of identification, it is also possible to prove residency with either the sworn affidavit of corroborating witness or testimony from someone who will say that you have lived in Florida for at least six months. If you have additional questions on using one of these two methods, contact the Circuit Court Clerk for the county of filing. The Clerk cannot provide legal advice, but can give information on county filing procedures.

Q: How do I get certified copies of the Minnesota Recognition of Parentage and the Non-Paternity Statement?

A: Certified copies of the Minnesota Recognition of Parentage and the Non-Paternity Statement can be obtained by completing and notarizing the required form provided by the Minnesota Department of Health. Contact the Minnesota Department of Health Recognition of Parentage Program at (651) 201-5970 for the certified copy fee and mailing address.

Q: Do I have to have my signature notarized on any documents?

A: 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.

Q: What is the state residency requirement for filing for divorce in Indiana?

A: Under Indiana law, at least one spouse must have been a resident of Indiana for six (6) months immediately before filing for divorce. If one or both spouses meets this requirement, either spouse is allowed to file in Indiana.

Additional information is available at: I.C. 31-15-2-6(a)

The spouse that meets the six month state residency requirement must have lived in the county where the divorce is filed for at least three months prior to the date of filing. If both spouses have lived in Indiana for at least six months, but in two different Indiana counties for at least 3 months each, the divorce can be filed in either county.

Q: What is considered to be the date of separation in Illinois?

A: The separation date is the date that you and your spouse began living separate and apart.

In Illinois, the no-fault grounds for divorce is met when irreconcilable differences have caused the irretrievable breakdown of the marriage and efforts at reconciliation have failed or future attempts at reconciliation would be impracticable and not in the best interests of the family.

If you and your spouse have lived separate and apart for at least six months, the court assumes that irreconcilable differences exist and you do not have to prove that you can no longer get along. You can still get divorced if you and your spouse have NOT been separated for less than six months, but you may have to show the judge that you can no longer get along. However, it is very unlikely that the judge will require any additional evidence.

Q: What is considered to be the date of separation in Georgia?

A: The term "separation date" sometimes refers to the date when the spouses stopped living at the same residence. However, in instances where the spouses continue to live at the same residence, the separation date may refer to the date that the spouses decided to end their marriage, which may be today's date if the decision was made today.

A separation date is required to complete your documents.

Q: What are the basic steps to getting a no-fault divorce in Massachusetts?

A: The basic steps for completing a divorce in Massachusetts are:

1. Both spouses sign the Joint Petition for Divorce, Separation Agreement, and related documents before they are filed with the Court Clerk.
2. Both spouses should receive a Notice of Uncontested Trial in the mail about 2–4 weeks after the divorce is filed. The Notice contains the date and time for the final hearing.
3. The judge will enter a Judgment of Divorce 30 days after the hearing, which becomes final 90 days after that.

Q: How long does it usually take to get a divorce in Illinois?

A: It usually takes 30-60 days to get divorced in Illinois from the date of filing, although time may vary based on your judge's schedule.

Q: What is considered to be the date of separation in Mississippi?

A: The term "separation date" refers to the date when the spouses stopped living at the same residence. However, there is no requirement that a couple be separated for any period of time in order to file for divorce in Mississippi.

Q: In which county can the divorce be filed?

A: If both spouses have lived in Michigan for at least 180 days immediately before the divorce is filed, then the divorce can be filed in any Michigan county where either spouse has lived for at least 10 days immediately before the date of filing.

If only one spouse has lived in Michigan for at least 180 days immediately before the date of filing, the divorce can be filed in the county where that spouse has resided for at least 10 days before filing.

Q: Does it matter which spouse files for divorce?

A: The spouse that files for divorce is the Petitioner. The other spouse automatically becomes the Respondent.

When one spouse lives in Washington, but the other spouse lives outside of Washington, choosing to have the non-Washington resident file for divorce eliminates potential jurisdictional problems because by filing for divorce in Washington, the non-resident spouse is consenting to the jurisdiction of the Washington courts.

When both spouses reside in Washington, the Washington courts will almost always have jurisdiction regardless of which spouse files for divorce.

Q: What is considered to be the date of separation in South Carolina?

A: The term "separation date" refers to the date when the spouses started living separate and apart without sexual relations.

Q: What are the Tennessee residency requirements for filing for divorce?

A: A divorce may be granted in Tennessee if the cause for the divorce (ex. irreconcilable differences) occurred while the Plaintiff was a resident of Tennessee. Additionally, a divorce may be granted in Tennessee even if the cause for the divorce occurred outside of Tennessee and even if the Plaintiff resided outside of Tennessee at the time, as long as either the Plaintiff or the Defendant is a resident of Tennessee for a period of six (6) months before the divorce is filed. Tennessee Code Annotated 36-4-104(a).

A divorce may be filed in the Circuit Court in the county where the parties resided together at the time of their separation, or in the county where the Defendant resides if the Defendant is a resident of Tennessee. However, if the Defendant is not a resident of Tennessee or is incarcerated, then the divorce can be filed in the county where the Plaintiff resides. Tennessee Code Annotated 36-4-105(a).

Q: What is considered to be the date of separation in Oklahoma?

A: Here the term "separation date" refers to the date when the spouses decided to end the marriage with no intent to reconcile. This date is often a matter of interpretation. It is sometimes the date that the spouses stopped living together under the same roof, although in Oklahoma, as long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof.

Q: In which county can the divorce be filed?

A: The divorce can be filed in a county where either spouse lives at the time the divorce is filed.

Q: How long does it take for a divorce to be finalized in Texas?

A: The minimum time that it takes to finalize a divorce in Texas is 61 days after the date the divorce is filed.

Q: Which spouse can file for divorce?

A: The spouse who files for divorce is the Plaintiff. The other spouse automatically becomes the Defendant.

In order to file for divorce in Michigan, at least one spouse must have resided in Michigan for at least 180 days immediately before the divorce is filed. Thus, as long as at least one spouse meets the 180-day residency requirement, either spouse is entitled to file for divorce in Michigan.

Q: What happens after I receive my self-prepared Florida DivorceWriter package?

A: Along with your self-prepared Florida 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.

Q: Do we have to be separated to have our marriage dissolved or to get a divorce?

A: Yes, you are required to live separate and apart, which means sleeping in different beds and living as though the marriage is over. The Separation Agreement form will state that the parties intend to live separate and apart.

Q: What are the basic steps to getting a divorce in South Carolina?

A: The basic steps to a South Carolina divorce are:

1. File a Complaint for Divorce.
2. Serve your spouse and then file the Affidavit of Service.
3. Attend a hearing to finalize your divorce.

Q: What are the basic steps to getting a divorce in Oklahoma?

A: The basic steps for getting an uncontested (waiver) divorce in Oklahoma are:

1. File a Petition for Dissolution of Marriage.
2. Both spouses sign a few additional documents and file them with the Court.
3. The spouse who filed for divorce attends a brief hearing approximately 10-30 days after the divorce was filed. The divorce can be finalized in as little as 10 days if there are no minor children (90 days if you have children together).

Q: In which county do I file my divorce?

A: If the Defendant (non-filing spouse) lives in Alabama, the divorce must be filed in either: (1) the county where the Defendant lives or (2) the county where the parties lived together when the separation occurred. If the Defendant is not an Alabama resident, then the divorce can be filed in the county where the Plaintiff lives. Alabama Code 30-2-4

Q: Which spouse can file for divorce?

A: The spouse that files for divorce is the Petitioner. The other spouse automatically becomes the Respondent. In Georgia, the Petitioner must have resided in the state for at least six months prior to the date the divorce is filed.

Q: Which is the proper county to file for divorce?

A: Under Indiana law, at least one of the spouses must have been a resident of the county of filing for 90 days immediately preceeding the date of filing. As long as one spouse meets the 90-day county residency requirement, either spouse can file in that county.

Additional information is available at: I.C. 31-15-2-6(b)

Q: What are the grounds for filing for divorce in Florida?

A: The two grounds for dissolution of marriage in Florida are: (1) the marriage is irretrievably broken or (2) one of the spouses has been mentally incapacitated for at least three years. By using DivorceWriter, you are selecting that the marriage is irretrievably broken.

Q: Which spouse can file for divorce?

A: The spouse that files for divorce is the Petitioner. The other spouse automatically becomes the Respondent. The spouse that files for divorce has to have lived in Texas for the past six months and in the county where the divorce is being filed for the past 90 days. The Respondent does not have to live in Texas.

Q: What is considered to be the date of separation in Arkansas?

A: The term "separation date" refers to the date when the spouses stopped living at the same residence.

Q: What are the basic steps to getting a dissolution of marriage in Ohio?

A: 1) Both spouses review and sign the dissolution documents.
2) The Petitioner files the Petition for Dissolution of Marriage and related documents with the Common Pleas Court Clerk and pays the filing fee of approximately $175.00-$300.00.
3) Both spouses attend the final hearing approximately 30-90 days after the Petition for Dissolution of Marriage is filed.
4) The Judge signs the Decree of Dissolution following the final hearing and/or mails a finalized Decree to you and your spouse.

Q: What is the difference between "absolute divorce" and "divorce from bed and board?"

A: North Carolina allows for both absolute divorce and divorce from bed and board. A divorce from bed and board is essentially a legal separation. Neither spouse is free to remarry after a divorce from bed and board. However, after an absolute divorce, both parties are allowed to remarry.

DivorceWriter provides North Carolina customers with the tools to self-prepare their own absolute divorce documents.

When contacting the Clerk's office or making any other inquiries regarding a case, using the term "divorce" by itself may confuse the Clerk.

Q: Where do I file the dissolution/divorce documents?

A: Both dissolutions and divorces are filed at the Court of Common Pleas Clerk's office in the county of filing. Depending on the county, it may be more specifically referred to as the Division of Domestic Relations for the Court of Common Pleas.

Q: How do I file my DivorceWriter documents?

A: DivorceWriter prepares Washington state divorce documents for easy filing by mail. After the customer completes the online interview, DivorceWriter sends the completed documents to the customer with instructions for filing by mail.

Q: What are the basic steps to getting a divorce in Arkansas?

A: The basic steps to an Arkansas divorce are:

1. Both spouses review and then sign the divorce documents in front of a Notary.
2. The Plaintiff files the Complaint for Divorce and other initial divorce documents with the Circuit Clerk and pays the filing fee.
3. The Defendant signs the Answer to Complaint for Divorce in front of a Notary.
4. The Plaintiff files the remaining documents with the Circuit Clerk. At this time, the Plaintiff obtains a Notice of Hearing from the Circuit Clerk, has it completed by the case coordinator, and files the completed Notice with the Circuit Clerk.
5. Both spouses attend the hearing, where the grounds for divorce must be proven.
6. The Judge signs the Decree of Divorce if he/she is satisfied with the evidence presented in proving the grounds for divorce.

Q: What are the state residency requirements for filing for dissolution in Ohio?

A: At least one of the spouses must be a resident of the State of Ohio for at least six months immediately prior to the filing the Petition for Dissolution of Marriage.

Note that this is as opposed to a divorce, which requires that the person filing be a resident of Ohio for at least six months before filing.

Q: How do we prove that we meet the Ohio residency requirements?

A: Whether you are filing for dissolution or divorce, be aware that both require the party that files, and sometimes the non-filing spouse as well, to sign a document containing language that states that at least one of the spouses meets the residency requirements. In many most, this is all that is required to prove residency.

If you have any additional questions regarding whether your county will require you to present any identification or documentation to prove residency at the time of filing, you should direct your inquiries to the Court of Common Pleas Clerk for the county of filing. The Clerk cannot give legal advice, but will be able to provide you with general information regarding filing in your county. DivorceWriter cannot assist you in deciding which spouse should file.

Q: Do I have to divorce in the state where I was married?

A: No. You can divorce in any state where you or your spouse meet the divorce residency requirements.

Q: Which spouse can file for divorce?

A: If you are using the no-fault grounds of an irretrievable breakdown of the marriage for at least six months, either spouse may file for divorce. However, if you are using one of the fault grounds, unless you and your spouse have been following the terms of a Separation Decree/Separation Agreement for at least one year and have decided it to convert a divorce, the spouse who files for divorce will be required to allege one of four possible grounds against the other spouse. The four grounds are:

• Cruel and inhuman treatment
• Imprisonment
• Abandonment
• Adultery

Q: What documents are included in the self-prepared Nevada DivorceWriter package?

A: Your self-prepared Nevada DivorceWriter package will include:

• Family Court Cover Sheet Civil Cover Sheet (Clark Co. only)
• Family Court Information Sheet
• Personal Case Information Form
• Joint Petition for Summary Decree of Divorce
• Affidavit of Resident Witness
• Child Support and Welfare Party Identification Sheet (Clark Co. only)
• Joint Request for Submission (Not Clark Co.)
• Decree of Divorce
• Certificate of Service (Clark Co. only)

• Declaration Under Uniform Child Custody Jurisdiction Act (NRS 125A.385)(Clark Co. only)

Q: What are the Nevada residency requirements for filing for divorce?

A: In a Joint Petition for Divorce, where both spouses agree on all issues, both parties are referred to as "petitioners." One of the petitioners must be a resident of Nevada and that person is referred to as the "resident petitioner." The resident petitioner must have been physically in Nevada for at least six (6) weeks before the Joint Petition for Divorce is filed. If both spouses have lived in Nevada for at least six (6) weeks before filing, only one of the spouses is designated as the resident petitioner.

In addition, an Affidavit must be completed and signed by a "resident witness," which is third party (not one of the spouses) who personally knows that one of the spouses is a resident of the State of Nevada and that the resident petitioner has lived in Nevada and been physically present in Nevada for at least six (6) weeks prior to filing for divorce. The resident witness must be a resident of Nevada and must sign the Affidavit in front of a Nevada Notary Public.

Q: How long does it take to get a divorce in California?

A: The Judge cannot sign the Judgment of Dissolution of Marriage, which is the document that finalizes the divorce, until six months have passed from the date of service of a copy of Summons and Petition for Dissolution of Marriage or the date of appearance of the respondent, whichever occurs first.

After you file for divorce, you will receive a Divorce Decree in the mail that is signed by the judge and contains the date that the divorce will be officially final. In uncontested divorces, that date is 6 months + 1 day from the date the divorce was filed.

Q: What is considered to be the date of separation in North Carolina?

A: In North Carolina, the term "separation date" refers to the date when the spouses stopped living together.

A separation date is required to complete your documents.

Q: Can I file for divorce in California?

A: To file for divorce in California, one or both spouses must be residents of that state for at least six (6) months before filing. If one of the spouses is not a California resident, it is usually easier if the resident spouse files for divorce.

The divorce can be filed in the county where either spouse has lived for at least three (3) months before filing. If both spouses meet this requirement, the divorce can be filed in the county where either spouse lives.

Q: What is considered to be the date of separation in Minnesota?

A: The term "separation date" refers to the date when the spouses stopped living at the same residence. However, there is no requirement that a couple be separated for any period of time in order to file for divorce in Minnesota.

If spouses are still living at the same residence, be prepared to explain in your documents why this is so.

Q: Do I qualify for filing for a simplified divorce using Summary Dissolution?

A: A couple may use the streamlined procedure of filing a Joint Petition for Summary Dissolution of a Marriage if:

1. no living minor children have been born to or adopted by the parties before or during the marriage, unless someone other than the husband has been declared the father by court order.
2. the wife is not pregnant.
3. they have been married fewer than eight years as of the date they file their joint declaration.
4. neither party owns any real estate.
5. there are no unpaid debts in excess of $8,000 incurred by either or both of the parties during the marriage, excluding loans/leases on automobiles.
6. the total fair market value of the marital assets does not exceed $25,000, including net equity on automobiles.
7. neither party has nonmarital assets in excess of $25,000.
8. neither party has been a victim of domestic abuse by the other.

Q: What are the residency requirements for filing?

A: Ohio requires at least one of the spouses in an action for dissolution of marriage or divorce to have been a resident of Ohio for at least six months and a resident of the county of filing for at least 90 days immediately before filing for dissolution or divorce.

Q: What are the basic steps to getting a divorce in Mississippi?

A: The basic steps to a Mississippi divorce are:

1. Both spouses sign and date the Joint Complaint for Divorce in front of a Notary Public.
2. The Plaintiff files the Joint Complaint and Cover Sheet with the Clerk of the Chancery Court.
3. The spouses exchange completed financial documents and file the Certificate of Compliance with the court.
4. Plaintiff obtains a hearing date and provides the Co-Plaintiff with a Notice of Hearing.
5. Both spouses attend a final hearing, at which time Plaintiff gives testimony and the Chancellor signs the Final Judgment.

Q: Do we have to be separated to get a divorce in South Carolina?

A: If you are filing for divorce on the basis of One Year Continuous Separation, the husband and wife must have lived separate and apart without sexual relations for a period of one (1) year before filing for divorce. S.C. Code Ann. § 20-3-10

Q: What documents are included in the self-prepared Kentucky DivorceWriter package?

A: Your self-prepared Kentucky DivorceWriter package will include:

• Kentucky Divorce Filing Procedures
• Petition for Dissolution of Marriage
• Mandatory Case Disclosure
• Entry of Appearance and Waiver
• Respondents Mandatory Case Disclosure Acknowledgment
• Deposition of Petitioner
• Marital Settlement Agreement
• Findings of Fact and Decree of Dissolution of Marriage
• Request for Name Change (if Wife wishes to resume her maiden or former last name)
• Case Data Information Sheet
• Certificate of Divorce or Annulment VS-300

• Worksheet for Monthly Child Support Obligation

Q: What are the basic steps to getting a divorce in Louisiana?

A: The steps for divorcing in Louisiana under Civil Code Article 102 are:

1. File a Verified Petition for Divorce and have your spouse sign an Acceptance and Waiver of Service.
2. Live separate and apart from your spouse for one hundred eighty (180) days (365 days if you have minor children together) from the date he or she signed the Waiver of Service.
3. File a Rule to Show Cause/Rule for Final Divorce along with Verified Affidavits and Defendant's Acceptance and Waiver of Service of the Rule to Show Cause.
4. The spouse who filed for divorce attends a brief hearing after which the judge will sign the Judgment finalizing the divorce.

1. File a Verified Petition for Divorce after living separate and apart for 180 days (or 365 days if you have minor children together) and have the other spouse sign a Waiver of Service.
2. File an Affidavit swearing that the information contained in the Petition for Divorce is truthful and accurate along with a Judgment of Divorce.
3. Wait 15 days (30 days if the other spouse lives out of state) and then ask the Clerk of Court to set your case for a Preliminary Default. Two days later, the judge will either sign the Judgment or require a Confirmation of Default hearing to confirm the default of the other spouse.

Q: What is considered to be the date of separation in Louisiana?

A: In Louisiana, the date of separation is the date that the spouses stopped living under the same roof with no intent to reconcile.

Q: Where do I file the divorce documents in Colorado?

A: Divorces are filed at the District Court in the county of filing.

Q: Do we have to be separated to get a divorce in Mississippi?

A: There is no requirement that a couple be separated for any period of time in order to file for divorce in Mississippi.

Miss. Code Ann. § 93-5-4

Q: Will either of us be required to attend a court hearing?

A: Yes. In West Virginia, both spouses must attend the temporary and/or final divorce hearing.

Q: How do I serve my spouse with the divorce papers in Louisiana?

A: In Louisiana, the non-filing spouse (Defendant) signs a Waiver of Service and Citation, which allows the filing spouse (Petitioner) to avoid the hassle and expense of formal service by a process server.

Q: What is considered to be the date of separation in Wisconsin?

A: The term "separation date" refers to the date when the spouses stopped living at the same residence. However, there is no requirement that a couple be separated for any period of time in order to file for divorce in Wisconsin.

Q: Can I change my name in Louisiana divorce proceedings?

A: Louisiana case law allows the wife to change her last name back to her maiden name in the divorce proceedings, if desired. There is no additional charge to add the request for wife to resume her maiden name.

Q: Which is the proper Ohio county for filing for dissolution?

A: An Ohio dissolution of marriage can be filed in the county where either of the spouses resides.

However, to file for divorce in Ohio, the person filing must be a resident of the county of filing for at least 90 days prior to filing.

Q: Can I change my name in Wisconsin divorce proceedings?

A: In Wisconsin, either spouse may request to take back a former legal surname through divorce proceedings. Wis. Stats. 767.395.

Q: Do we have to be separated to get a divorce in West Virginia?

A: No. As long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof.

Q: Where do I file the divorce documents in New York?

A: Divorces are filed in the Supreme Court located in the county of filing.

Q: What is considered to be the date of separation in Alabama?

A: The term "separation date" refers to the date when the spouses stopped living together under the same roof.

Q: What is considered to be the date of separation in West Virginia?

A: Here the term "separation date" refers to the date when the spouses decided to end the marriage with no intent to reconcile. This date is often a matter of interpretation. It is sometimes the date that the spouses stopped living together under the same roof, although in West Virginia, as long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof.

Q: Where do I file the divorce documents in Florida?

A: In Florida, a divorce is filed at the Circuit Court Clerk's office.

Q: Where do I file my divorce papers in ?

A: In , divorces are filed in the (District,Circuit) Court Clerk's office.

Q: Where do I file my divorce papers in Oklahoma?

A: In Oklahoma, divorces are filed at the District Court Clerk's office in the county of filing.

A divorce may be filed in the county where the spouse who files for divorce (the Petitioner) has lived for the thirty (30) days immediately before filing divorce or in the Oklahoma county in which the non-filing spouse (the Respondent) lives.

Q: How long does it usually take to finalize a divorce in Georgia?

A: The fastest you can complete an uncontested divorce in Georgia is 31 days.

Q: Where do I file the divorce documents in Pennsylvania?

A: In Pennsylvania, divorces are filed in the Common Pleas Court.

Q: What are the grounds for filing for divorce in Louisiana?

A: In Louisiana, there are two types of divorce that use no-fault divorce grounds, and both require the parties to live separate and apart at different residences without reconciliation for 180 days (or 365 days if the parties have minor children together):

• Under LA Civil Code Article 102, the separation requirement must be met after the divorce has been filed.
• Under LA Civil Code Article 103(1), the separation requirement must be met before the divorce is filed.

Q: How much is the filing fee in South Carolina?

A: The DivorceWriter price does NOT include the filing fee charged by the County Clerk when you file for divorce. The fee for filing for divorce in South Carolina is $150.00.

Q: What are the grounds for filing for divorce in West Virginia?

A: West Virginia allows a divorce to be granted on the grounds of irreconcilable differences. See W. Va. Code, § 48-5-201.

Q: Will either of us be required to attend a court hearing?

A: Generally, a hearing is required. In a 102 divorce, the Petitioner must attend a brief hearing along with two witnesses who will testify to their knowledge of the spouses living separate and apart without reconciliation for the required amount of time. In a 103(1) divorce, many parishes require the Petitioner to go to court on date of the hearing with two witnesses who can testify that the spouses have lived separate and apart without reconciliation for the required time (180 or 365 days). However, other parishes allow the Petitioner in a 103(1) divorce to instead file a Affidavit of Correctness in Lieu of Testimony and a Motion for Confirmation of Divorce Judgment of Default without a Hearing instead of holding a hearing.

Q: Will either of us be required to attend a court hearing?

A: In Wisconsin, both spouses must attend the final divorce hearing.

Q: How much is the filing fee in West Virginia?

A: The DivorceWriter price does NOT include the filing fee charged by the circuit court clerk when you file for divorce. Fees can vary from county to county, but typically range from $125 to $175. Please note: the circuit court clerk's office only accepts cash, money orders or business checks.

Q: How much is the filing fee in Oklahoma?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Oklahoma varies from county to county, but is typically $180.00-$250.00.

Q: What are the grounds for filing for divorce in Georgia?

A: The no-fault grounds for divorce in Georgia is that the marriage is irretrievably broken.

Q: What documents are included in the self-prepared Louisiana DivorceWriter package?

A: The following documents are included with the Louisiana Article 102 divorce package:

• Louisiana Divorce Filing Procedures
• Pro Se Petition for 102 Divorce
• Child Support Worksheet (if minor child(ren))
• Joint Custody Plan (if joint custody is selected)
• Rule to Show Cause
• Affidavit
• Waiver of Service and Citation
• Settlement Agreement
• Judgment of 102 Divorce

• Louisiana Divorce Filing Procedures
• Pro Se Petition for 103(1) Divorce
• Verification
• Acceptance of Service and Waiver of Citation and All Delays
• Affidavit of Correctness in Lieu of Testimony (sometimes also referred to as Affidavit of Fact, Mover's Affidavit, or Plaintiff's Affidavit)
• Affidavit of Witness
• Child Support Worksheet (if minor child(ren))
• Joint Custody Plan (if joint custody is selected)
• Marital Settlement Agreement
• Judgment of 103(1) Divorce - No Minor Children

Q: How do I serve my spouse with the divorce papers in West Virginia?

A: In West Virginia, formal service by a process server is not necessary when the Respondent signs an Waiver of Service of Summons, which is included in the DivorceWriter package.

Q: What are the Mississippi residency requirements for filing for divorce?

A: One of the parties must have been a resident of Mississippi AND a resident in the county where you will be filing for divorce for six (6) months immediately prior to filing for divorce.

Q: Does West Virginia require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: Yes. In divorce proceedings involving minor children, the parents are required to complete parent education. Once the education is complete, the parties will file a Certificate of Completion with the Circuit Clerk.

Q: How long does it usually take to finalize a divorce in Minnesota?

A: Your Court Administrator's Office will be able to provide the most accurate information for your particular county, as the time it takes to finalize a divorce in Minnesota varies between counties.

Q: How much is the filing fee in Louisiana?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The filing fee varies from parish to parish, but is typically $200.00-$450.00 in Louisiana.

Q: What are the basic steps to getting a divorce in Colorado?

A: The basic steps to a Colorado divorce are:

1. Both spouses sign the Petition for Dissolution of Marriage, and then one spouse files it with the Clerk of Courts.
2. The Court will send you a Case Management Order or similar document, after which time both spouses sign the remaining documents and one spouse files them with the Court. (Couples with children are required to attend a parenting class as well as a brief final hearing.)
3. Wait 90 days to receive your Decree of Dissolution of Marriage signed by the Judge.

Q: What are the West Virginia residency requirements for filing for divorce?

A: If the marriage took place in West Virginia, then only one spouse needs to be a current resident of West Virginia.

If the marriage did not take place in West Virginia, one of the parties must be a resident of West Virginia for at least one year before filing for divorce.

Q: Does Louisiana require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: Some parishes in Louisiana require parents and/or child(ren) involved in divorce proceedings to attend an education seminar on coping with divorce. When a seminar is required, it must generally be completed before the divorce will be granted. The Court Clerk in your parish will be able to provide specific information about the requirements, if any.

Q: Part of the Summons: Personal Service on an Individual I received is written in Spanish and French as well as in English. Is this a error?

A: The standard Florida Summons: Personal Service on an Individual shows information written in English. That information is then repeated in Spanish and in French to accommodate Spanish and French speaking persons. The rest of the Florida documents are entirely in English.

Q: Do we have to be separated to get a divorce in Louisiana?

A: Yes. In order to obtain a divorce in Louisiana, spouses must live separate and apart at different residences without reconciliation for a period of 180 days (365 days if the spouses have minor children together). Whether that separation requirement must be met before or after the divorce is filed depends on whether Petitioner files an Article 102 or Article 103(1) divorce. Under Article 102, the separation requirement begins after the divorce is filed. Under Article 103(1), the separation requirement must already be met before the divorce is filed.

Q: How do I serve my spouse with the divorce papers in Wisconsin?

A: When a Joint Petition is filed, formal service is not required in a divorce action in Wisconsin, as both parties agree to all terms of the divorce.

Q: How much is the filing fee in Alabama?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Alabama varies from county to county, but is typically $150.00-$300.00.

Q: Does Mississippi require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: When the parties to a divorce action have minor children residing with one (1) or both parents, the court may require parties to complete at least two (2) hours of classes concerning parenting issues faced by divorced parents.

Q: What are the Arizona residency requirements for filing for divorce?

A: To meet the 90-day domicile requirement, you or your spouse must have been domiciled in Arizona for at least 90 days prior to filing this document.

To be domiciled in Arizona:

• Arizona must be your primary place of residence;
• You must not maintain a primary residence in another state;
• You must have moved to Arizona with the intention to remain here for an indefinite period, that is, this was not intended as a temporary stop with a definite, planned departure date; OR
• One of you must have been stationed in Arizona while a member of the U.S. military.

Q: What are the Louisiana residency requirements for filing for divorce?

A: In order to file for divorce in Louisiana, the spouse who files for divorce must have been a resident of the state for at least twelve (12) months before filing.

Q: Can the wife change her name back during the divorce?

A: 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.

Q: Where do I file my divorce papers in Louisiana?

A: Divorces are filed Civil District Court in the parish where either party lives or in the parish where the spouses last lived together as husband and wife.

Q: How long does it usually take to finalize a divorce in Louisiana?

A: The length of time required to finalize a divorce in Louisiana depends on whether the divorce is filed under Article 102 or Article 103(1). Since Article 102 allows you to file for divorce without having met the separation requirement, you can file immediately, but must wait 180 days (365 days if you have minor children with your spouse) from the date you file to ask the Court to finalize the divorce. However, since Article 103(1) requires you to wait until the 180/365-day separation periods have already been met before filing, the divorce is generally finalized in less than a month after the filing date.

Thus, if someone has been separated from his or her spouse for a significant period of time, it may be quicker to just wait until the entire 180/365 day separation requirement has been met and file a 103(1) divorce or else the existing separation period will be lost if a divorce is filed under Article 102. DivorceWriter cannot assist you in determining under which Article you should file for divorce.

Q: How long does it usually take to finalize a divorce in Wisconsin?

A: In Wisconsin, at least four months (120 days) must pass between the filing of the Joint Petition and the final divorce hearing. Your divorce is final on the date of the hearing, as long as all divorce documents have been properly filed with the Court.

Q: How long does it usually take to finalize a divorce in West Virginia?

A: West Virginia family court rules require that a final hearing for divorce may not be held until at least twenty (20) days have elapsed from the date the Respondent received the Petition for Divorce, but must take place within 220 days from the date the Petition for Divorce was filed with the Court.

Q: Where do I file my divorce papers in West Virginia?

A: Divorce paperwork is filed in the Circuit Clerk's office in the county courthouse.

If the respondent (defendant) is a resident of West Virginia, the petitioner (one filing for divorce), may file for divorce in the county where the respondent lives, or in the county where the couple last lived together as husband and wife.

If the respondent is not a resident of West Virginia, the petitioner may file for divorce in the county where the petitioner lives, or in the county where the couple last lived together as husband and wife.

Q: How much is the filing fee in ?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in varies from county to county, but typically ranges from $______ to $______.

Q: Can I change my name in West Virginia divorce proceedings?

A: In West Virginia, either spouse may request to take back the name used prior to his or her first marriage. The court may also allow either party to resume the name of a former spouse if such party has any living child or children by marriage to the former spouse. See W. Va. Code, § 48-5-613.

Q: What is the difference between an Article 102 divorce and an Article 103(1) divorce?

A: In Louisiana, an Article 102 Divorce can be obtained by filing of a Petition seeking a divorce, and then filing additional documents after the spouses have lived separate and apart for 180 days (365 days if you have minor children together) from the date the non-filing spouse waived service of the Petition for Divorce.

On the other hand, an Article 103 Divorce can be obtained if the parties have already been separated for at least 180 days (365 days if you have minor children together). Note: If you want to divorce, but have not yet been separated for 180 days (365 days if you have minor children together), you must wait until those time periods pass before filing for divorce or in the alternative, you would need to file a 102 Divorce.

Q: What are the South Dakota residency requirements for filing for divorce?

A: The spouse filing for divorce (Plaintiff) must be a resident of South Dakota, or be stationed in South Dakota while a member of the armed services, at the time the divorce is filed. There is no length of residency or waiting period before filing divorce, although you must be a resident in good faith (meaning you didn't move to South Dakota just to obtain a divorce there) and once the divorce is filed, you must remain a resident of the state until the divorce is final.

Q: What are the basic steps to getting a divorce in Hawaii?

A: The basic steps for filing uncontested Hawaii divorce are as follows:

1. One spouse (Plaintiff) files a Complaint for Divorce and Summons with the Circuit Court Clerk. The other spouse (Defendant) signs a Waiver of Service.
2. Plaintiff files a Decree along with a few other documents signed by both parties.
3. The Judge reviews and signs the Decree without a hearing. Copies of the signed Decree are mailed to each spouse.

Q: Can a Notary Public take my deposition?

A: 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.

Q: What are the basic steps to getting a divorce in Delaware?

A: The basic steps to getting a divorce in Delaware are:

1. File the initial divorce documents;
2. Have the Court serve the Respondent with the divorce papers, or in the alternative, Respondent picks up the divorce documents from the Court;
3. Attend Parent Education Class if required and file remaining documents;
4. Receive the Decree of Divorce in the mail from the Court once the divorce has been finalized.

Q: What are the Massachusetts residency requirements for filing for divorce?

A: If the breakdown of the marriage occurred in Massachusetts, then all that is required is that the spouse that files for divorce lives in Massachusetts. However, if the breakdown of the marriage happened in another state, then the spouse that files for divorce must have lived in Massachusetts for at least one year before filing. If one or both spouses still live in the county where they last lived together, then that is the proper county for filing for divorce. However, if neither spouse lives in the county where the spouses last lived together, the divorce can be filed in the county where either spouse lives.

Q: What are the District of Columbia residency requirements for filing for divorce?

A: To file for divorce in D.C., at least one spouse must have lived in D.C. continuously for at least six months at the time the divorce is filed. However, as of May 2012, one very specific exception was made to the six-month residency requirement. Same-sex couples who (1) married in D.C. and (2) now live outside D.C. in a state or jurisdiction that does not allow same-sex couples to divorce are not required to meet the six-month residency requirement. Any couple not meeting both criteria must meet the six-month residency requirement before filing for divorce.

Q: How long does it usually take to finalize a divorce in Maryland?

A: While there is no required waiting period before the divorce hearing can be held, the length of time it takes to finalize a divorce in Maryland depends on the caseload of the judge assigned to your case. Generally, you should expect to wait approximately a month to get a hearing date. The Court Clerk will be able to provide more specific information for your county.

Q: Does Nebraska require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: Yes. If the parties have children together, both spouses must complete a basic level parenting education course given by one of the organizations approved by the District Court of the county where the divorce is filed. The District Court Clerk will be able to provide specific information on completing this requirement.

Q: How much is the filing fee in Hawaii?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The divorce filing fee in Hawaii is $215.00 (no children) or $265.00 (with children) statewide as of June 2017 although that amount is subject to change at the discretion of the state.

Q: I heard that my spouse and I must be separated for two years in order to get a divorce in Pennsylvania. Is that correct?

A: No. To obtain a divorce in Pennsylvania, you may file for divorce on the grounds of 3301(c), which is for couples who both agree to the divorce, or 3301(d), which is for couples who have been separated for two years, regardless of whether both spouses agree to the divorce. DivorceWriter is designed for customers who wish to seek a divorce on the grounds of mutual consent under 231 Pa. Code 3301(c). There is no separation requirement for 3301(c) divorce. The step-by-step filing procedures included in your DivorceWriter package provides detailed information on how long it takes to obtain a divorce on the grounds of a mutual consent 3301(c) divorce.

Q: Can I change my name in Hawaii divorce proceedings?

A: Yes. A wife may resume a maiden name through divorce proceedings.

Q: What are the New Mexico residency requirements for filing for divorce?

A: New Mexico requires at least one of the spouses to have been a resident of New Mexico for at least six months immediately before the filing of a Petition For Dissolution of Marriage and has a domicile in New Mexico.

Q: How long does it usually take to finalize a divorce in Rhode Island?

A: A divorce hearing cannot be schedule sooner than sixty (60) days from the date the Petition for Divorce was filed.
R.I. G.L. § 15-5-14

The divorce is finalized ninety (90) days after the judge signs the Final Judgment.

Q: What are the grounds for filing for divorce in Rhode Island?

A: The no-fault grounds for filing for divorce in Rhode Island are irreconcilable differences which have caused the irremediable breakdown of the marriage.
R.I. G.L. § 15-5-3.1

Q: What documents are included in the self-prepared Delaware DivorceWriter package?

A: Your self-prepared Delaware DivorceWriter package will include:

• Petition for Divorce/Annulment
• Information Sheet
• Vital Statistics Form
• Request for Notice
• Separation Agreement
• Stipulation to Incorporate the Separation Agreement
• Waiver of Rights Under the Servicemembers Civil Relief Act (if either spouse is in the Military)
• Answer to Petition for Divorce
• Affidavit in Support of Request to Proceed Without a Hearing
• Request to Proceed Without a Hearing
• Affidavit of Non-Military Service

• Child Support Calculation Worksheet

Q: What's the difference between a DM case and a DO case in Michigan?

A: Divorce cases involving minor children have the letters "DM" in the case number while divorce cases that do not involve minor children have the letters "DO" in the case number.

Q: What if I want to use the Simplified Financial Statement (FL-155) instead of the Income and Expense Declaration (FL-150)?

A: While DivorceWriter is aware of the Simplified Financial Statement (FL-155), we have elected to continue to offer the Income and Expense Declaration (FL-150) instead because it is compatible with the language of other related dissolution documents such as FL-140, FL-141 and Fl-144, which directly reference use of FL-150. Additionally, as page 2 of the Simplified Financial Statement (FL-155) states, even if you are eligible to use the simplified version you may choose instead to use the Income and Expense Declaration (FL-150).

Q: What is considered to be the date of separation in Montana?

A: Spouses are not required to live separate and apart in Montana in order to get divorced. However, if you and your spouse do live at separate residences, the date that you began living apart is the date of separation.

Q: How long does it usually take to finalize a divorce in Utah?

A: A divorce cannot be finalized in Utah before thirty (30) days have passed from the date the Complaint for Divorce was filed.

Q: My divorce documents were sent back due to not having a Stipulation with them. How do I get this document?

A: A Stipulation, or Stipulation Agreement, is another way that some counties refer to the Marital Settlement Agreement. If the Court Clerk in your county asks for a Stipulation, they are asking for you to file three (3) copies of a Marital Settlement Agreement signed by both spouses in front of a Notary Public. The Marital Settlement Agreement is included in the New York DivorceWriter package.

Q: What are the grounds for filing for divorce in Alaska?

A: The no-fault ground for filing for divorce in Alaska is "incompatibility of temperament has caused the irremediable breakdown of the marriage."

Q: How do I serve my spouse with the divorce papers in Alaska?

A: Formal service is not required in a divorce in Alaska when both parties agree to all terms of the divorce. Each spouse signs the Petition for Dissolution of Marriagein front of a Notary Public, which is then filed with the Court.

Q: I received a document entitled "Requirements for Submitted Judgments" from Los Angeles County. What does this form mean?

A: If you filed for divorce in L.A. County, you may have received a document entitled "Requirements for Submitted Judgments," which is commonly given to people representing themselves (without an attorney) in divorce. This document contains several tips on divorce requirements in Los Angeles County, not all of which apply to all cases. You should not assume that receiving this document means that you have a problem with your documents. Generally speaking, if a Settlement Agreement signed by both spouses is filed with the Clerk that states what the parties have agreed to concerning child custody, visitation, spousal support, property division, and debt allocation, the requirements addressed in this letter will have been met.

Q: Does Iowa require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: Yes. In Iowa, the court will order the parties to any action which involves the issues of child custody or visitation to participate in a court-approved course to educate and sensitize the parties to the needs of any child or party during and subsequent to the proceeding within forty-five (45) days of the service of the Petition for Dissolution of Marriage.

Q: How do I serve my spouse with the divorce papers in New Mexico?

A: In New Mexico, formal service by a process server is not necessary when the Respondent signs the Petition for Dissolution of Marriage. Respondent will also sign an Appearance, Waiver, and Consent, which waives the issuance and service of a Summons and is included in the DivorceWriter package.

Q: How do you e-file in Georgia?

A: The two e-filing service providers in Georgia are Peach Court and Odyssey e-file. The correct e-filing service provider for you depends on the county where your divorce is being filed.

In Forsyth, Muscogee and Spaulding Superior Courts, you can use either Peach Court or Odyssey.

In the following Superior Courts, you must use Odyssey e-File: Bibb, Chatham, Cherokee, Clayton, Decatur, Dekalb, Douglas, Fulton, Glynn, Gwinette, Lowndes and Rockdale.

No e-filing is available in Floyd County Superior Court.

In all other counties, you must use Peach Court to e-file your divorce.

You may request step-by-step e-filing procedures for your county at info@DivorceWriter.com.

Q: How is my divorce hearing scheduled in Michigan?

A: Step 3 of the Michigan Divorce Filing Procedures included in your DivorceWriter document package provides the following information on scheduling the divorce hearing:

1. The Plaintiff obtains a final hearing date from the Circuit Court Clerk when the Step 3 documents are filed.
2. After getting the hearing date from the Clerk, Plaintiff fills in the hearing date, time and location on each copy of the Notice of Hearing, which is located on the back of the Summons and Complaint.
3. Plaintiff mails one copy of the Summons and Complaint with the completed Notice of Hearing to Defendant by U.S. Mail at least nine (9) days before the hearing date.
4. After mailing the Notice of Hearing to Defendant, Plaintiff completes the Certificate of Mailing at the bottom of the Notice of Hearing.
5. Plaintiff files the original and three (3) copies of the Summons and Complaint with a completed Notice of Hearing and Certificate of Service with the Circuit Court Clerk.

Q: What is considered to be the date of separation in Colorado?

A: Here the term "separation date" refers to the date when the spouses decided to end the marriage with no intent to reconcile. This date is often a matter of interpretation. It is sometimes the date that the spouses stopped living together under the same roof, although in Colorado, as long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof.

Q: I served my spouse, but he/she has not responded and no Answer has been filed. Now what?

A: In South Carolina, your spouse has thirty-five (35) days after receiving the initial divorce documents (not counting the day your spouse was served) to file an Answer. After the thirty-five (35) days have passed and you have not received an Answer:

• Complete the Affidavit of Default for Divorce and the Request for Hearing.
• On the Affidavit of Default for Divorce, print the month, day, and year the Summons and Complaint for Divorce were delivered. Check the box indicating how the forms were served.
• Sign the Affidavit of Default for Divorce in front of a notary public.
• Complete and sign the Request for Hearing.
• Take the Affidavit of Default for Divorce, Request for Hearing, and return receipt green card (if you served your spouse via U.S. Mail) to the Court and file them with the Clerk's office.

Q: How much is the filing fee in Nebraska?

A: The DivorceWriter price does NOT include the filing fee charged by the court clerk when you file for divorce. The fee for filing for divorce in Nebraska is $200.00 statewide, although that amount is subject to change at the discretion of the state.

Q: What documents are included in the self-prepared Nebraska DivorceWriter package?

A: Along with written Divorce Filing Procedures, the following documents are included in the Nebraska DivorceWriter package:

• Complaint for Dissolution of Marriage
• Vital Statistics Certificate
• Confidential Party Information
• Social Security, Gender and Birth Date Information Form
• Voluntary Appearance
• Notice of Hearing
• Decree of Dissolution

• Certificate of Completion of Parenting Course (Blank)
• Financial Affidavit for Child Support
• Child Support Worksheet
• Parenting Plan

Q: Can I change my name in Rhode Island divorce proceedings?

A: Yes, the Wife may change her name in Rhode Island divorce proceedings.
R.I. G.L. § 15-5-17

Q: What are the grounds for filing for divorce in Vermont?

A: A divorce can be obtained on no-fault grounds in Vermont when the spouses have lived apart from each other for six (6) consecutive months and the court finds that the resumption of marital relations is not reasonably probable.

Q: What are the Missouri residency requirements for filing for divorce?

A: At least one spouse must live in Missouri for at least 90 days before filing for divorce there. The divorce can be filed either in the county in which the petitioner resides or in the county in which the respondent resides.

Q: Can I change my name in Maine divorce proceedings?

A: Yes, either party may change his/her name in Maine divorce proceedings. Either party may request to change his/her name to a former name requested or any other name requested. [19-A M.R.S.A. § 1051]

Q: How much is the filing fee in South Dakota?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in South Dakota is subject to change by the state, but is approximately $95.00.

Q: How do I serve my spouse with the divorce papers in Maine?

A: The Plaintiff hand-delivers or mails a copy of the Complaint for Divorce, Family Matter Summons and Preliminary Injunction, and Child Support Affidavit - Plaintiff(if children are involved) to the Defendant.
The Defendant completes an Acknowledgment of Receipt of Summons and Complaint, which the Plaintiff then files with the Clerk of the District Court.

Q: Will either of us be required to attend a court hearing?

A: In Alaska, both spouses are required to attend a court hearing. However, if one spouse is unable to attend the dissolution hearing in person:

1. He/she may ask the court to participate by telephone by filing a Joint Motion & Affidavit to Appear and Testify by Telephone and Order on Motion to Appear & Testify by Telephone.
2. He/she may ask the court to have the hearing without being present at all by filing an Appearance and Waiver of Notice of Hearing.

Q: The Clerk or Judge told me I need to file Further Orders and/or other attachments to my Judgment (FL-180) in addition to the Marital Settlement Agreement. Where can I get these?

A: In most counties, the Court only requires the Marital Settlement Agreement to be stapled to the back of the Judgment (FL-180) and filed with the Court. However, a few counties may tell the Petitioner to file Further Orders or in the alternative, to staple one or more attachments beginning with a number in the 300's to the back of the Judgment (FL-180) behind the Marital Settlement Agreement.

DivorceWriter makes a Further Orders document available to California users free of charge. To obtain this document, simply send an e-mail to DivorceWriter Customer Service at info@divorcewriter.com requesting the Further Orders document. You will receive an e-mail that contains all of the documents you have already received as part of your DivorceWriter package as well as one or more documents beginning with 888, which are all of our supplemental forms for California. Among the supplemental 888 documents, is a Further Orders document. Note: If Petitioner is asked to file Further Orders, the boxes marked "other" for 4l, 4m, and 4n on the Judgment (FL-180) generally must be checked and "Further Orders Attachment" written in the blank spaces provided.

Most Courts will accept the Further Orders document as a substitute for all of the attachments beginning with a number in the 300's. However, the DivorceWriter 888 supplemental documents may also contain one or more of the 300 attachments requested by the Court, which Petitioner may simply choose to print and file instead of the Further Orders document. If 300 attachment(s) are filed instead of Further Orders, Petitioner will check not check the "other" box for 4l, 4m, and 4m, but will instead check the correct box for the attachment being filed.

Q: How much is the filing fee in Rhode Island?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The filing fee in Rhode Island is $160.00 statewide as of June 2017 although that amount is subject to change at the discretion of the state.

Q: Can I change my name in South Dakota divorce proceedings?

A: Yes. A wife can have her maiden name or the name she legally bore prior to her marriage to the husband in the divorce suit restored.

Q: What are the grounds for filing for divorce in District of Columbia?

A: The two no-fault grounds for divorce in D.C. are:

1. Both spouses have agreed mutually and voluntarily to separate and have been living apart, without a sexual relationship, for at least six months before the date the divorce is filed; OR
2. The spouses have been living separate and apart, regardless of whether both spouses agreed, without a sexual relationship, for at least one year before the date the divorce is filed.

Q: How long does it usually take to finalize a divorce in Delaware?

A: In Delaware, the Court will not finalize a divorce unless the parties have lived separate and apart (or living under the same roof, but living in separate bedrooms and have ceased having sexual relations with each other) for a period of 6 months.

Q: What are the Hawaii residency requirements for filing for divorce?

A: In order to file for divorce, at least one spouse must have lived in the state of Hawaii for at least six months before filing for divorce. Additionally, the spouse who files for divorce (Plaintiff) must have lived on the island within the Judicial Circuit where the divorce will be filed for at least three months before filing for divorce.

Q: How much is the filing fee in Alaska?

A: In Alaska, the filing fee is $150.00.

Q: Will either of us be required to attend a court hearing?

A: When the Defendant files an Answer within 30 days of service and both spouses file a Stipulation and Settlement Agreement, no hearing will be required to finalize the divorce because there is a provision in the Stipulation and Settlement Agreement stating that there is no necessity for a court hearing because the parties signed the Affidavit of Plaintiff and Defendant as to Jurisdiction and Grounds for Divorce.

However, if Defendant's Answer is not filed within 30 days after service, then Plaintiff should expect to attend a divorce hearing before the divorce can be finalized.

Q: Do we have to be separated to get a divorce in Utah?

A: No. There is no separation requirement in Utah.

Q: Will either of us be required to attend a court hearing?

A: In Connecticut, the spouse who filed for divorce (Plaintiff) is required to attend a brief court hearing. The non-filing spouse (Defendant) may attend if he or she wants, but is not required to attend.

Q: What are the grounds for filing for divorce in Idaho?

A: A couple can divorce in Idaho on the grounds of irreconcilable differences. Idaho Code Ann. § 32-603.

Q: What are the Maine residency requirements for filing for divorce?

A: A person seeking a divorce may file a complaint for divorce in the District Court if any of the following apply:

1. The plaintiff has resided in good faith in Maine for 6 months prior to the filing of the divorce;
2. The plaintiff is a resident of Maine and the parties were married in Maine;
3. The plaintiff is a resident of Maine and the parties resided in Maine when irreconcilable marital differences started; or
4. The defendant is a resident of Maine (19-A M.R.S.A. § 901).

Q: What is considered to be the date of separation in Vermont?

A: Commonly, the date of separation is the date when the parties began living at different residences. However, if the parties still reside together, the separation date is that date that they began sleeping in separate bedrooms and began living as though the marriage was over.

Q: How do I comply with Chapter 16 rules concerning the redaction of protected information?

A: In order to comply with the Chapter 16 rules, the following information should be listed on the Confidential Information Form and should NOT appear on any other divorce documents:

• Social Security numbers
• Financial account numbers
• Complete dates of birth (only year of birth is allowed)
• Full names of minor children
• Individual taxpayer identification numbers
• Personal identification numbers
• Other unique identifying numbers

Q: Does Kansas require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: In divorce proceedings involving minor children, some counties in Kansas may require the parents to complete a parent education class. If required, once the education is complete, the parties will file a Certificate of Completion with the Clerk of the District Court.

Q: How much is the filing fee in New Hampshire?

A: The DivorceWriter price does NOT include the filing fee charged by the court clerk when you file for divorce. The divorce filing fee is $250.00 (no minor children) and $252.00 (with minor children) statewide as of June 2017 although that amount is subject to change at the discretion of the state.

Q: Where do I file my divorce papers in Hawaii?

A: Divorces are filed at the Circuit Court Clerk's office.

Q: What is the Litigant Awareness Program requirement in Missouri divorce?

A: Missouri requires individuals representing themselves in a divorce to complete the online Litigant Awareness Program and file a Certificate of Completion with the court. The program provides information about the Missouri court system and the responsibilities of representing yourself.

1. Visit the Missouri Courts Litigant Awareness Program.
2. Watch the educational video or read the written materials.
3. Below the video and written materials, click "Dissolution of Marriage (Divorce)."
4. Review the information in sections 1-14.
5. At the end of the information, click the link to complete and print the Certificate of Completion.
6. Enter the requested information and print your Certificate of Completion of Litigant Awareness Program.

Q: What are the grounds for filing for divorce in South Dakota?

A: A no-fault divorce can be obtained in South Dakota if the spouses agree that they have irreconcilable differences.

Q: How do I serve my spouse with the divorce papers in Kansas?

A: Our Kansas DivorceWriter documents include an Entry of Appearance, which is a document that the non-filing spouse will sign in front of a Notary Public. This document officially notifies the Court in writing that the non-filing spouse voluntarily waives the right to formal service of the divorce papers.

Q: What documents are included in the self-prepared Connecticut DivorceWriter package?

A: Your self-prepared Connecticut DivorceWriter package will include:

• Connecticut Divorce Filing Procedures
• Summons
• Divorce Complaint
• Notice of Automatic Court Orders
• Case Management Agreement
• Financial Affidavit (Petitioner)
• Financial Affidavit (Respondent)
• Affidavit Concerning Military Service
• Dissolution Agreement
• Dissolution of Marriage Report
• Dissolution of Marriage Judgment

Q: Where do I file my divorce papers in Idaho?

A: Divorce papers should be filed with the Clerk of the District Court in the county where either spouse resides.

Q: What are the basic steps to getting a divorce in Wyoming?

A: The basic steps to getting a divorce in Wyoming are as follows:

1. Plaintiff reviews, signs, and files the initial divorce documents with the clerk of the district court.
2. Plaintiff serves the Defendant and provide him/her with the documents he/she needs to file with the court.
3. Plaintiff waits the appropriate amount of time and files the remaining documents with the court.
4. If no hearing is required, Plaintiff and Defendant receive a copy of the signed Decree of Divorce. If a hearing is required, both parties attend the hearing. The judge will sign the Decree after adequate testimony is given.

Q: Where do I file my divorce papers in Utah?

A: Divorce papers in Utah are filed with the Clerk of the District Court in the county where either spouse resides.

Q: How do I serve my spouse with the divorce papers in Vermont?

A: The basic methods for serving divorce papers in Vermont are:

1. Acceptance of Service: This is the most widely used way to serve papers. The Divorce Packet, which will contain the Summons, Complaint, and Notice of Appearance, can be hand-delivered by you to your spouse. If you serve your spouse in this way, you must get your spouse to sign and date a paper called an Acceptance of Service. By signing this Acceptance of Service, your spouse is not agreeing to any claims you have made in your Complaint, but is merely declaring that he or she has actually received a copy of the Summons, Complaint, and other paperwork.
2. First Class Mail with Notice of Service and Request for Waiver of Service of Summons: The Summons and Complaint can be served by mailing them to your spouse along with a Notice of Action and Request for Waiver of Service of Summons (Form 820) for your spouse to sign, date, and return to the court in a prepaid envelope. If the Notice and Request is not returned signed by the Defendant within 30 days from the date it is mailed by the Clerk, you must serve the Complaint and Summons in another way.

Q: What are the Nebraska residency requirements for filing for divorce?

A: At least one of the spouses must have lived in Nebraska with the intention of making Nebraska his or her permanent home for at least one year before filing for divorce. In the alternative, the divorce can be filed in Nebraska if the marriage occurred in Nebraska and at least one spouse has lived in Nebraska continuously since the marriage, regardless of the length of time.

A divorce can also be filed in Nebraska when a person serving in the armed forces of the United States who has been continuously stationed at any military base or installation in Nebraska for at least one (1) year or, if marriage occurred in Nebraska and at least one spouse has lived in Nebraska since the marriage. For more information, see Nebraska Revised Statute 42-349

Q: Does Maine require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: In Maine, divorcing spouses and/or their child(ren) are required to attend a class or seminar on coping with divorce only if the family law magistrate or judge orders them to do so.

Q: What are the basic steps to getting a divorce in Idaho?

A: The basic steps to getting a divorce in Idaho are:

1. Plaintiff files the initial divorce documents with the Clerk of the District Court
2. Plaintiff serves the Defendant; Defendant signs the Acknowledgment of Service
3. Plaintiff files the Acknowledgment of Service with the Clerk of the District Court.
4. After the 20 day waiting period, Plaintiff files the Sworn Stipulation for Entry of Decree of Divorce and other documents with the Clerk.
5. The judge will sign the Decree of Divorce and each party will receive a copy of the Decree in the mail.

Q: Will either of us be required to attend a court hearing?

A: As part of the divorce process, the Affidavit in Support of Request to Proceed Without a Hearing and Request to Proceed Without a Hearing are filed requesting the Court grant the divorce without requiring the parties to attend a court hearing. If the Court grants the request, no hearing is required. Should the Court not grant the request, then the parties will be required to attend a court hearing.

Q: Will either of us be required to attend a court hearing?

A: Yes. The spouse who filed for divorce will attend a brief hearing approximately sixty (60) days after the Voluntary Appearance of the non-filing spouse is filed with the Clerk.

Q: What if the Clerk in my County will not issue the Notice of Hearing?

A: Contact us at info@divorcewriter.com and we will e-mail supplemental documents, including a Notice of Hearing so that you can instantly download and print them.

Q: Can I change my name in Wyoming divorce proceedings?

A: Yes, the Wife may request in the Complaint for Divorce that a former name be restored.

Q: What documents are included in the self-prepared West Virginia DivorceWriter package?

A: Your self-prepared West Virginia DivorceWriter package will include:

• West Virginia Divorce Filing Procedures
• Petition for Divorce
• Marital Settlement Agreement
• Civil Case Information Statement
• Vital Statistics Form
• Financial Statements
• Acceptance of Service
• Answer to Divorce Petition

• Bureau for Child Support Enforcement Application and Income Withholding Form
• Parenting Plan
• Child Support Worksheets

Q: Does Connecticut require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: Connecticut requires all divorcing parents who have children together to complete the Parenting Education Program prior to an uncontested matter being scheduled. Once you have completed the program, the program provider will issue a Parenting Education Program Certificate.

The course costs approximately $125 per parent. The parties must bring the signed certificates of completion with them to the divorce hearing. If you want to ask the court to allow you to waive the requirement for the Parenting Education Program, a Motion to Exempt from the Parenting Education Program may be filed and scheduled for hearing before the final uncontested divorce hearing can be scheduled.

Q: What are the basic steps to getting a divorce in Maine?

A: The basic steps for filing your divorce are as follows:

1. Plaintiff obtains a Summons from the Clerk of the District Court.
2. Plaintiff serves the Defendant a copy of the divorce documents.
3. Defendant completes the necessary paperwork and returns it to the Plaintiff.
4. Plaintiff files the divorce documents.
5. Plaintiff and Defendant receive a Notice of Final Hearing from the Court.
6. Plaintiff and Defendant attend the final hearing.

Q: Do we have to be separated to get a divorce in Rhode Island?

A: No. The parties do not have to be separated in order to get a divorce in Rhode Island.

Q: What are the basic steps to getting a divorce in Connecticut?

A: The basic steps to a Connecticut divorce are:

1. The Plaintiff takes the initial divorce papers to the Superior Court Clerk's office so that the Clerk will issue a Summons.
2. The Plaintiff has the state marshal serve the Defendant with the divorce papers and then the state marshal prepares a Return of Service to be filed with the Clerk.
3. Plaintiff files the divorce papers with the Clerk and pays the filing fee.
4. The spouses sign a few additional documents, which the Plaintiff files with the Clerk on the day the Plaintiff attends a brief divorce hearing. The Judge will sign the divorce once 90 days have passed from the Return Date.

Q: How do I serve my spouse with the divorce papers in Connecticut?

A: When your spouse (Defendant) lives in Connecticut, he or she must be served by a Connecticut State Marshal in the judicial district where he or she lives or works. A list of State Marshals is available at the Clerk's office. Plaintiff is responsible for providing the State Marshal with a copy of the documents to be served on the Defendant. Plaintiff must also pay the fee for the State Marshal's services. The State Marshal will file a proof of service with the Clerk asfter the Defendant has been served. If your spouse lives in another state, you will have to serve your spouse by certified or registered mail, or by contacting a process server or other person authorized to perform service in the state and county where your spouse lives.

Q: Where do I file my divorce papers in Delaware?

A: Divorce papers are filed with the Clerk of the Family Court in the county where either the petitioner or respondent resides.

Q: What is considered to be the date of separation in Idaho?

A: The term "separation date" refers to the date when the spouses stopped living at the same residence. However, Idaho does not require the spouses to be separated prior to filing for divorce.

Q: What changes were made to New York divorce laws in January 2016?

A: In January of 2016, New York law changed with regard to requirements for child support and maintenance/spousal support forms.

Because the new laws apply to child support and maintenance/spousal support, many New York divorce forms were not affected by these changes. However, the revision date on the applicable DivorceWriter documents is January 2016.

Q: What are the grounds for filing for divorce in New Mexico?

A: New Mexico allows a divorce to be granted on the grounds of incompatibility. See N.M. Stat. Ann. § 40-4-1.

Q: In which Judicial Circuit should my divorce be filed?

A: The divorce should be filed in the Judicial Circuit for the island where the Plaintiff has been living or physically present for at least three (3) months before filing the divorce.

• O'ahu-First Circuit
• Maui, Molokai, Lanai-Second Circuit
• Hawaii-Third Circuit
• Kauai-Fifth Circuit

Q: Where do I file my divorce papers in Iowa?

A: In Iowa, divorces are filed in the District Court Clerk's office

Q: What are the Alaska residency requirements for filing for divorce?

A: In Alaska, either spouse may file for divorce as long as the filing spouse is a resident of the state. Generally, one is an Alaska resident for the purposes of filing for divorce if you are in Alaska when the divorce papers are filed and the filing spouse intends to stay as a resident. if the filing spouse doesn't live in Alaska and the couple was married outside of Alaska, but the non-filing spouse is an Alaska resident, the filing spouse can still file for divorce in Alaska.

Note: In order for the court to have jurisdiction or authority to decide about child custody, a child normally must have been a resident of the state for at least 6 months before filing the custody case.

Q: Do we have to be separated to get a divorce in Wyoming?

A: No. There is no separation requirement in Wyoming.

Q: How long does it usually take to finalize a divorce in Washington?

A: The Judge can sign the Decree 90 days after the date the divorce was filed. You will usually receive your signed Decree in the mail two (2) weeks after the 90-day waiting period has passed.

Q: What documents are included in the self-prepared Kansas DivorceWriter package?

A: Your self-prepared Kansas divorce package without children includes:

• Civil Information Cover Sheet
• Petition for Divorce
• Marital Settlement Agreement
• Domestic Relations Affidavit (Petitioner)
• Voluntary Entry of Appearance
• Answer to Petition for Divorce
• Domestic Relations Affidavit (Respondent)
• Notice of Final Hearing for Divorce
• Decree of Divorce
• Vital Statistics Worksheet (Worksheet for Divorce Registration)

• Parenting Plan
• Child Support Worksheet

Q: My documents ask for the "Cause Number" instead of a "Case Number." Is this correct?

A: Yes. In a number of U.S. states, the Courts use the term "Cause Number" instead of "Case Number."

Q: How much is the filing fee in Maine?

A: The District Court filing fee in Maine is $120.00. Please note that the District Court Clerk's office typically charges an additional $5.00 to issue a .

Q: What is the no-fault grounds for divorce in Pennsylvania?

A: DivorceWriter is designed for customers who wish to seek a divorce on the grounds of mutual consent under 231 Pa. Code 3301(c).

Q: Will either of us be required to attend a court hearing?

A: Yes, in Mississippi, both spouses are required to attend a court hearing. However, if the Co-Plaintiff/Defendant is unable to attend the hearing, it is best to contact the court clerk and find out what options are available.

Q: What is a Return Date?

A: The Return Date is always a Tuesday and must be at least four (4) weeks after the day the Plaintiff first brought the papers to the Clerk. Plaintiff fills in the Return Date on any documents that ask for it, including the Summons and Complaint. Note: The Return Date is not a hearing date and neither spouse needs to be in court on that date.

Q: How do I get divorced without going to court in New Jersey?

A: In a handful of New Jersey counties (Atlantic, sometimes Camden, Cape May, Hudson, Mercer, Middlesex, Somerset, and Warren) you can get a divorce without going to court. To do this, a Request to Enter Default with a Supporting Certification is filed with the Court. This is explained near the end of Step 3a in the step-by-step filing procedures included with your New Jersey DivorceWriter documents.

Q: What are the grounds for filing for divorce in Arizona?

A: A non-covenant marriage in Arizona can be dissolved on no-fault grounds if the parties agree that the marriage has suffered an irretrievable breakdown, which essentially means that there is no reasonable prospect for reconciliation. Arizona Statute 25-316.

Q: How do I get my uncontested divorce documents reviewed in Bexar County?

A: All pro se Bexar County filers must have their documents reviewed by the staff attorney's office located in the Bexar County Courthouse, 100 Dolorosa, 2nd Floor Suite 2.16, San Antonio, TX 78205. Their office phone is 210-335-2123. However, due to minimal staffing and high call volume they will not answer the phone or accept voicemails. E-mail inquiries may be sent to the staff attorney's office at civilintern2@bexar.org, but they recommend people come to their office to arrange to have documents reviewed or if they have questions. Their office is open 8 a.m. to 11:45 a.m. and 1:00 p.m. to 4:45 p.m. on Mondays and Wednesdays and from 8 a.m. to 11:45 a.m. on Tuesdays and Thursdays. Their office is closed on Tuesday and Thursday afternoons and on Fridays.

Once the staff attorney has reviewed your documents for legal sufficiency, they will set your case for the final divorce hearing. As of May 2018, the staff attorney's office estimates that their office takes 8-12 months to review pro se divorce filings. Any concerns with this delay should be directed to the Bexar County staff attorney's office.

Q: Where do I file my divorce papers in New Mexico?

A: Divorce papers in New Mexico are filed with the Clerk of the District Court in the county where either of the parties resides.

Q: What documents are included in the self-prepared Tennessee DivorceWriter package?

A:

If you purchase a DivorceWriter Tennessee divorce, you are selecting the following forms:

• Complaint for Absolute Divorce or Request for Divorce (Complaint)
• Spouses' Personal Information or Both Parties' Personal Information Form
• Health Insurance Notice or Notice Regarding Insurance Coverage
• Marital Dissolution Agreement
• Final Decree
• Restraining Order for Divorcing Spouses
• Notice of Hearing to Approve Irreconcilable Differences

If you indicate that you have minor children, you are also selecting these additional forms:

• Restraining Order for Divorcing Spouses (Statutory Injunction)
• Both Parties' Personal Information
• Permanent Parenting Plan
• Child Support Worksheet
• Title IV-D Information
• Wage Assignment Order
• Notice of Hearing to Approve Irreconcilable Differences Divorce

If you indicate you don't own buildings or land or a business together or have retirement benefits, you are selecting the Tennessee Supreme Court approved forms; blank versions of these forms are available to download at no charge from www.tncourts.gov website.

Q: How long does it usually take to finalize a divorce in New Mexico?

A: There is a thirty (30) day waiting period after the divorce papers are filed until the judge can sign the Final Decree. However, if there are no minor children, this waiting period can be waived by the Respondent.

Q: Do we have to be separated to get a divorce in Idaho?

A: No, Idaho state law does not require the spouses be separated in order to get a divorce.

Q: How do I serve my spouse with the divorce papers in Nebraska?

A: The spouse who files for divorce gives the other spouse a file-stamped copy of the Complaint for Divorce along with a Voluntary Appearance, which the non-filing spouse signs. Note that the non-filing spouse's Voluntary Appearance must be filed with the Clerk within six (6) months of the date the Complaint for Divorce was filed or else the divorce case will be automatically dismissed and the case will have to be refiled.

Q: How long does it usually take to finalize a divorce in Missouri?

A: There is a 30-day waiting period in Missouri that begins on the date the divorce is filed.

Q: What are the grounds for filing for divorce in Montana?

A: In Montana, the ground for dissolution is "an irretrievable breakdown in the marriage" (M.C.A. 40-4-107). In order to show that there is an irretrievable breakdown, you must tell the court that there is serious marital discord which adversely affects the attitude of one of the parties (M.C.A. 40-4-104).

Q: How do I file for a filing fee waiver in Washington State?

A: If you want to ask the Court to waive the filing fee in your dissolution case, when you file your DivorceWriter documents by mail, also include a 5-page form called a Motion and Declaration For Waiver of Civil Filing Fees and Surcharges, which includes a Financial Statement form that each spouse must complete and sign as well as an Order for the Court to use to indicate whether the fee waiver request was granted.

Then, mail in everything along with a $30.00 money order or cashier's check for the presentation fee (aka ex parte fee). The $30.00 ex parte fee cannot be waived. The Court Clerk will notify you if the judge does not grant the waiver of the filing fee. If this happens, the Petitioner must submit a $314.00 money order or cashier's check before the Court Clerk's office will could file your dissolution papers. Note: If the Respondent does not complete and sign his or her own Financial Statement, the Judge will not consider your fee waiver request.

Q: How long does it usually take to finalize a divorce in Nebraska?

A: There is a sixty (60) day waiting period from the date the non-filing spouse's Voluntary Appearance is filed with the Clerk. After that time, the divorce hearing can be held and the divorce finalized.

Q: How much is the filing fee in Delaware?

A: The filing fee in Delaware is $150.00.

Q: What is Rule 1.25-A?

A: Rule 1.25-A sets forth numerous requirements for exchange of documents by spouses in a divorce proceeding. However, the parties can agree to limit their document exchange under Rule 1.25-A by stating their desire to do so on the Final Decree on Petition for Divorce that is signed by the parties. Then, the parties need only exchange Financial Affidavits, which should have already been exchanged by the time the Final Decree is filed with the Court. To view Rule 1.25-A in its entirety, click here.

Q: What documents are included in the self-prepared North Dakota DivorceWriter package?

A: Your self-prepared North Dakota divorce package without children includes:

• Summons
• Petition for Divorce
• Settlement Agreement
• Property and Debt Listing
• Admission of Service
• Findings of Fact, Conclusions of Law and Order for Judgment
• Judgment and Decree

• Financial Affidavit(s)
• Parenting Plan
• Child Support Worksheet(s)

Q: The Clerk said my documents were rejected because of noncompliance with CR 7.03. What does that mean?

A: CR 7.03 is designed to protect the privacy of people filing documents with the Court. It requires that the Social Security numbers and birth dates of spouses and any children as well as any account numbers and any taxpayer ID numbers only be listed on one copy of any document filed with the Court that contains them, namely the Petition for Dissolution of Marriage, Preliminary Verified Disclosure Statement, and the Case Data Information Sheet. On the other two copies of each of those documents, this information should either be blacked out so that it absolutely cannot be read or filled in with x's in place of the numbers.

The DivorceWriter Kentucky Filing Procedures specifically explain that Social Security numbers, birth dates and account numbers must only appear on one copy of the Petition for Dissolution of Marriage, Preliminary Verified Disclosure Statement, and the Case Data Information Sheet, and cannot be listed on the other two copies that you file. If you have received a notice from the Clerk or Court indicating that you have failed to comply with CR 7.03, generally it means that you included this information on all three copies of the Petition for Dissolution of Marriage, Preliminary Verified Disclosure Statement, and the Case Data Information Sheet that you filed and that you should file additional copies of these three documents that have the confidential information either completedly blackened out so that it absolutely cannot be read or filled in with x's.

If you need additional copies of your documents, log in to your account at www.divorcewriter.com/login. 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. Once you receive the e-mail containing your documents, download in Microsoft Word, customize as needed and print.

Q: Does Utah require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: Yes, Utah requires both parties to attend a mandatory divorce orientation course and a divorce education course.
Utah Code §30-3-11.3.

Q: Do I need a Summons?

A: No. Each Georgia DivorceWriter package contains an Acknowledgment of Service, Consent to Jurisdiction and Venue, and Consent to Present Case to be signed by the Defendant. This document serves many purposes, among them is stating that Defendant waives formal service. Because formal service, which generally means service of the divorce papers and a Summons by a process server, is waived, a Summons is obsolete and not included in the DivorceWriter package.

Q: How do I fix or "amend" an error in a document I've already filed with the Court?

A: If there was an error on one or more of the documents that you have already filed with the Court Clerk or judge, you may need to file an amended document. For more information see our article How to Amend Divorce Papers.

Q: The Clerk said my spouse and I need to file a Waiver of the Automatic Temporary Injunction Notice. Where do I find this Waiver?

A: The Automatic Temporary Injunction Notice and Waiver is included with the Oklahoma DivorceWriter package. This document serves more than one purpose. First, it notifies the each spouse of actions they are not allowed to take while the divorce is pending unless the Court issues an Order saying otherwise. For a full list of actions that are prohibited, read the Automatic Temporary Injunction Notice and Waiver very carefully. Once the divorce is finalized, the Temporary Injunction is lifted and no longer in force.

Additionally, if both spouses have agreed to waive the requirements of the Automatic Temporary Injunction, each signs the Waiver located at the bottom of the Automatic Temporary Injunction Notice and files the signed document with the Clerk.

Even if the parties do not wish to sign the Waiver at the bottom of the Automatic Injunction Notice, a copy of the Automatic Injunction Notice must be attached to the back of each Waiver of Summons and Entry of Appearance. (Note: The Waiver of Summons and Entry of Appearance should not be confused with the Waiver located at the bottom of the Automatic Temporary Injunction Notice. These are two different types of Waivers.)

Q: How much is the filing fee in Wyoming?

A: Please check with the District Court Clerk to determine exact fees. The filing fee can vary from county to county, but typically ranges from $110 - $130 in Wyoming.

Q: How much is the filing fee in Idaho?

A: Please check with the District Court Clerk to determine exact fees. The filing fee is $207.00 statewide as of June 2017 although that amount is subject to change at the discretion of the state.

Q: How do I know what my case number is?

A: The clerk of the court will assign a case number at the time the initial divorce documents are filed.

Q: Do we have to be separated to get a divorce in Pennsylvania?

A: No. To obtain a divorce in Pennsylvania, you may file for divorce on the grounds of 3301(c), which is for couples who both agree to the divorce, or 3301(d), which is for couples who have been separated for two years, regardless of whether both spouses agree to the divorce. DivorceWriter is designed for customers who wish to seek a divorce on the grounds of mutual consent under 231 Pa. Code 3301(c). There is no separation requirement for 3301(c) divorce. The step-by-step filing procedures included in your DivorceWriter package provides detailed information on how long it takes to obtain a divorce on the grounds of a mutual consent 3301(c) divorce.

The term "separation date" sometimes refers to the date when the spouses stopped living at the same residence. However, in instances where the spouses continue to live at the same residence, the separation date may refer to the date that the spouses decided to end their marriage, which may be today's date if the decision was made today.

Q: How much is the filing fee in Utah?

A: The filing fee varies between counties in Utah, but the typical filing fee varies between $318.00 and $360.00.

Q: Where do I file my divorce papers in Wyoming?

A: Divorce papers in Wyoming are filed in the District Court in the county where either the Plaintiff or Defendant resides.

Q: What is considered to be the date of separation in Washington?

A: Washington divorce forms refer to the date the marital community ended. This may be the date the divorce Petition is filed or an earlier date when one spouse moved to a separate household, the spouses separated their assets and debts, the spouses agreed that the marital community had ended, or another event occurred that ended the marital community.

Spouses are not required to live at separate residences in order to have a separation date. A separation date is required to complete the Washington divorce documents.

Q: Is same-sex divorce available in New York?

A: Yes. The same-sex marriage law went into effect in New York on July 24, 2011.

Q: What are the Kansas residency requirements for filing for divorce?

A: Either spouse must have been an actual resident of Kansas for 60 days immediately before the filing of divorce. [Kansas Statutes 60-1603]

Q: What are the Idaho residency requirements for filing for divorce?

A: Idaho requires the Plaintiff to have been a resident of the state for six (6) weeks immediately before the filing of the Complaint for Divorce. Idaho Code Ann. § 32-701.

Q: What is considered to be the date of separation in Kansas?

A: The term "separation date" refers to the date when the spouses stopped living at the same residence. However, Kansas does not require the spouses to be separated prior to filing for divorce.

Q: Do we have to be separated to get a divorce in Alaska?

A: No. There is no separation requirement in Alaska.

Q: Can I change my name in Connecticut divorce proceedings?

A: In Connecticut, either spouse may request to take back a former or maiden name as part of the divorce proceedings.

Q: How long does it usually take to finalize a divorce in Kansas?

A: A divorce in Kansas may be finalized as early as 60 days after the divorce petition is filed with the Clerk of the District Court. [Kansas Statutes 60-1608]

Q: How long does it usually take to finalize a divorce in Maine?

A: In Maine, sixty (60) days must pass from the date the Complaint for Divorce was filed and the time a final hearing may be scheduled.

Q: Where do I file my divorce papers in Rhode Island?

A: Divorce papers in Rhode Island are filed with the Clerk of the Family Court in the county where the plaintiff resides, or if the plaintiff does not meet the residency requirements but the defendant does, then the divorce is filed with the Clerk of the Family Court in the county where the defendant resides.
R.I. G.L. § 15-5-13

Q: What are the New Hampshire residency requirements for filing for divorce?

A: At least one of the following requirements must be met to file for divorce in New Hampshire:

1. Both parties live in New Hampshire at the time the divorce is filed; or
2. The spouse who files for divorce (Petitioner) has lived in New Hampshire for at least one year at the time the divorce is filed.

Q: What documents are included in the self-prepared Iowa DivorceWriter package?

A: The following documents are included in the Iowa no children divorce package:

• FL-101 Petition for Dissolution of Marriage
• FL-104 Original Notice for Personal Service
• FL-105 Acceptance of Service of Original Notice
• FL-115* Answer to Petition for Dissolution of Marriage
• FL-124* Financial Affidavit - Each party (Petitioner and Respondent) must fill out one of these. If the Respondent does not fill one in, the Petitioner can get a final Divorce decree by default.
• FL-126 Notice of Intent to File a Written Application for Default Decree -- Petitioner uses this if the Respondent has not filed an Answer to the Petition and the Petitioner wants to ask the court for a final divorce Decree.
• FL-127* Request for Relief (Final Decree) in Dissolution of Marriage. If a Petitioner is getting a final divorce Decree by default - just the Petitioner fills this in. If the spouses will be going to trial to get a final divorce Decree -- each spouse should fill in one of these.
• FL-128* Settlement Agreement for Dissolution of Marriage

Q: What are the grounds for filing for divorce in Kansas?

A: A couple can divorce in Kansas on the grounds of incompatibility. [Kansas Statutes 60-1601]

Q: How much is the filing fee in District of Columbia?

A: The DivorceWriter price does NOT include the filing fee charged by the court clerk when you file for divorce. The divorce filing fee in District of Columbia is $120.00 as of June 2017, although that amount is subject to change at the discretion of the government. The filing fee must be paid in cash or by money order.

Q: What are the grounds for filing for divorce in Utah?

A: The no-fault ground for divorce in Utah is irreconcilable differences of the marriage.
Utah Code § 30-3-1.

Q: Why is the court asking for DMDC certification?

A: Divorce by default is not allowed when the non-filing spouse (Respondent) is on active military duty. Unless the person who completed the DivorceWriter online interview indicated that the Respondent is in the military, your New Jersey DivorceWriter package will contain a form called Certificate of Non-Military Status. The Plaintiff uses this form to explain to the Court why it is that Plaintiff believes Respondent is not in the military by selecting one or more applicable checkboxes and providing additional information, if applicable, for the box(es) chosen. One of several ways for Plaintiff to complete this form is for Plaintiff to obtain and attach a Department of Defense printout, also known as a DMDC certification, to the Certificate of Non-Military Status. However, as long as the Plaintiff has checked one or more other boxes and provided the information requested on the Certificate of Non-Military Status, it should not be necessary to provide a DMDC certification.

If the Court has specifically requested DMDC certification from Plaintiff, he or she may wish to: (1) Make sure he or she has marked at least one checkbox on the Certificate of Non-Military Status and provided any other information required for that option, or (2) Contact the Clerk to verify that the Plaintiff's completed and signed Certificate of Non-Military Status is in their file. If the Court insists on DMDC certification, it is possible that the information provided by Plaintiff on the Certificate of Non-Military Status was deemed insufficient by the Court, in which case Plaintiff can obtain certification from DMDA by creating an account at https://www.servicememberscivilreliefact.com. Please note that their website charges a fee of approximately $36.40 for that service. If you provide a full social security number for the Respondent, the response is usually sent to you by email within 30 minutes.

It may also be possible for Plaintiff to file an amended Certificate of Non-Military Status by printing out a new form, writing or typing "Amended" at the beginning of the title of the form, providing different and/or more detailed information, and then filing the amended form with the Clerk. However, please note that DivorceWriter is not a law firm, and because we are not lawyers, DivorceWriter cannot assist anyone in determining how or why the reasons the Plaintiff listed on the Certificate of Non-Military Status were deemed insufficient by the Court.

Q: Do we have to be separated to get a divorce in Iowa?

A: No. There is no requirement that the spouses live separate and apart in order to get a divorce in Iowa.

Q: Is same-sex marriage legal in Maryland?

A: Yes, same-sex marriage became legal in Maryland on January 1, 2013.

Q: What are the basic steps to getting a divorce in Iowa?

A: The basic steps to getting a divorce in Iowa are:

1. File a Petition for Dissolution of Marriage with the District Court Clerk in the county where either spouse lives.
2. Mail or hand-deliver a copy of the of the Petition to your spouse and have him or her sign an Acceptance of Service.
3. Either (a) Your spouse defaults by not filing an answer within twenty (20) days of service and file additional documents with the Clerk; or (b) You and your spouse sign a Settlement Agreement and file additional documents with the Clerk.
4. Either (a) Attend a brief hearing to finalize the divorce after Respondent's default or (b) Meet with the judge to review the Settlement Agreement signed by the parties.

Q: What is the separation date in Kentucky?

A: The separation date is the date you and your spouse stopped living together. If you still live together, it is the date that you decided the marriage was over. In Kentucky, spouses may reside under the same roof and still be considered separated as long as they sleep in different beds and do not have sex for 60 days before the divorce is finalized.

Q: What are the grounds for filing for divorce in Connecticut?

A: The no-fault grounds for divorce in Connecticut is that there has been an irretreivably breakdown of the marriage, which means that there is no hope that the spouses will reconcile.

Q: Can I change my name in North Dakota divorce proceedings?

A: Yes, the WIfe may request the Court restore a former or maiden name.

Q: What is the difference between divorce by agreement and divorce by default in Iowa?

A: In Iowa, the procedures for finalizing a divorce depend on whether the case proceeds by default or by agreement:

• Decree by Default: Respondent is only required to sign an Acceptance of Service. The Petitioner files additional documents and attends a brief divorce hearing to finalize the divorce.
• Decree by Agreement: Respondent must sign an Acceptance of Service and must also file an Answer within 20 days of being served with divorce papers. Both spouses sign the Settlement Agreement, and the Petitioner meets with the judge to review the Settlement Agreement before the divorce is finalized.

Q: Can I change my name in Utah divorce proceedings?

A: Yes, the Wife may request in the Complaint for Divorce that a former name be restored.

Q: What is considered to be the date of separation in Rhode Island?

A: The date of separation in Rhode Island is the date the parties started living separate and apart.

Q: What is considered to be the date of separation in Wyoming?

A: The term "separation date" refers to the date when the spouses stopped living at the same residence.

Q: Where do I file my divorce papers in Maine?

A: Divorce papers may be filed in the District Court in the county where either party resides.

Q: How much is the filing fee in Montana?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Montana varies from county to county, but is typically $175.00-$200.00 to file the divorce and an additional $50.00 for the Decree. The filing fee for simplified divorce may be slightly less in some counties.

Q: How long does it usually take to finalize a divorce in North Dakota?

A: In North Dakota, divorces are usually finalized one to three months from the date the Petition for Divorce is filed, however, depending on the court calendar and whether or not parties are required to attend a hearing, this time frame may be longer.

Q: Does Rhode Island require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: No, Rhode Island does not typically require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce, unless a judge decides it is necessary.

Q: Where do I file my divorce papers in New Hampshire?

A: Generally, divorces are filed in the closest family division in the county where either of the spouses live. The Family Division operates in 25 locations across the state in nine counties: Belknap, Carroll, Coos, Grafton, Hillsborough, Merrimack , Rockingham, Strafford and Sullivan. Note: Only the Goffstown, Manchester and Merrimack Family Division locations are open in Hillsborough County at this time.

Q: What is considered to be the date of separation in Utah?

A: The term "separation date" refers to the date when the spouses stopped living at the same residence.

Q: How long does it usually take to finalize a divorce in Idaho?

A: Idaho has a mandatory 20-day waiting period between the time the Plaintiff served the Defendant and the time the Plaintiff files the Sworn Stipulation for Entry of Decree of Divorce and Decree of Divorce.

Q: How do I serve my spouse with the divorce papers in Hawaii?

A: After you hand-deliver or mail a copy of the Complaint for Divorce and Summons to your spouse, he or she signs an Appearance and Waiver of Service, which is then filed with the Court as proof of service. Your spouse must also fill out an Income and Expense Statement, Asset and Debt Statement, as well as signing the Decree.
In the alternative, you may have a reliable adult friend or relative hand-deliver the documents to your spouse. After doing so, the friend or relative completes a Proof of Service, which is then filed with the Clerk.

Q: How do I serve my spouse with the divorce papers in Wyoming?

A: Formal service is not required in a divorce in Wyoming when both parties agree to all terms of the divorce. The defendant/respondent signs the Acknowledgement and Acceptance of Service in front of a Notary Public, which is then filed with the Court.

Q: What is considered to be the date of separation in North Dakota?

A: The term "separation date" refers to the date when the spouses stopped living at the same residence. If you and your spouse are currently still residing together, enter the date that you decided the marriage was over.

Q: Where do I file my divorce papers in Connecticut?

A: In Connecticut, divorces are filed in the Superior Court Clerk's office.

Q: Neither my spouse nor I are in the Military. Do we still need to complete the Military Service Declaration, Military Service Order, and the Respondent's Affidavit of Military Status?

A: Yes. Utah courts require proof of whether or not the parties are in the Military. Follow the instructions exactly as given in the Procedures to make sure the documents are completed properly.

Q: The Clerk indicated that the notices required pursuant to ORS 107.106, ORS 25.384, and ORS 25.080(8)(b)(B) are missing. Where do I get that information?

A: The Stipulated General Judgment of Dissolution of Marriage that you received as part of your DivorceWriter package has been revised to include language/notices concerning Oregon Revised Statutes 107.106, 25.384, and 25.080(8)(b)(B).

Q: Do we have to be separated to get a divorce?

A: The "date of separation" refers to the date when at least one of the spouses decided to end the marriage with no intent to reconcile. This date is often a matter of interpretation. It is sometimes the date the spouses stopped living together although it is not requirement that the spouses are physically living apart. Moreover, even spouses that live apart might not be considered separated if they are maintaining the marital relationship, attending marriage counseling, and/or holding themselves out as a married couple.

Consider this date carefully as it can affect property division and spousal support if you and your spouse are ever unable to agree about matters pertaining to the dissolution of your marriage at a later time in the process.

Q: How do I serve my spouse with the divorce papers in Delaware?

A: Courts in Delaware offer two options for providing your spouse with the divorce papers:

1. The Court will personally serve your spouse with a copy of the divorce Petition; or
2. Your spouse can pick up a copy of the divorce Petition from the Court.

Q: What are the Rhode Island residency requirements for filing for divorce?

A: In order to meet the residency requirements, the plaintiff or defendant must have been a resident of Rhode Island for one (1) year immediately before filing for divorce.
R.I. G.L. § 15-5-12

Q: What are the grounds for filing for divorce in Nebraska?

A: In Nebraska, a no-fault divorce can be obtained on the ground that the marriage is irretrievably broken.

Q: How long does it usually take to finalize a divorce in Alaska?

A: In Alaska, you must wait at least 30 days after filing for divorce or dissolution before the judge will sign the final divorce decree.

Q: Can I change my name in Nebraska divorce proceedings?

A: In Nebraska, either spouse can ask to have his or her last name restored to a former or maiden last name.

Q: Do we have to be separated to get a divorce in District of Columbia?

A: Yes. If the spouses have agreed to a mutual and voluntary physically separation, they need only live separate and apart without interruption and without living together for six months before filing for divorce. However, if one spouse did not agree to the separation, the spouses must lived separate and apart without interruption and without living together for a year before filing for divorce.

Q: Can I change my name in District of Columbia divorce proceedings?

A: Either spouse is allowed to resume a former or maiden name through the divorce proceedings.

Q: What are the basic steps to getting a divorce in Rhode Island?

A: The basic steps for filing for a divorce in Rhode Island are as follows:

1. The Plaintiff reviews and signs, and files the initial divorce documents with the Family Court Clerk.
2. The Plaintiff then has the Defendant served with the divorce documents and provides him/her with the documents he/she needs to complete and file.
3. Both spouses and a witness (who can testify that at least one of the parties live in Rhode Island for at least one year prior to the filing of the Complaint for Divorce) attend the divorce hearing.
4. After waiting the required 90 days after the divorce hearing, the judge finalizes the divorce by signing the Final Judgment.

Q: What are the basic steps to getting a divorce in North Dakota?

A: The basic steps to a North Dakota divorce are:

1. Plaintiff reviews and signs the initial divorce documents, then files them with the court clerk.
2. Plaintiff serves the Defendant and provides the Defendant with the divorce documents he/she needs to complete and file.
3. The parties attend a short hearing if minor children are involved.

Q: Will either of us be required to attend a court hearing?

A: Yes, it is recommended that both parties attend the nominal divorce hearing. If only one party attends the nominal court date then you need one of the following in order to obtain a divorce (a) two additional witnesses in court to testify to the one year residency of the Plaintiff or Defendant (b) one witness in court to testify to the one year residency of the Plaintiff and an affidavit from a different witness attesting to the person's residency. (This affidavit form can be easily obtained by the clerk of the Rhode Island Family Court.)

Q: What documents are included in the self-prepared Maine DivorceWriter package?

A: Your self-prepared Maine divorce package without children includes:

• Complaint for Divorce
• Social Security Number Confidential Disclosure Form
• Family Matter Summary Sheet
• Certificate(s) in Lieu of Financial Statement
• Certificate Regarding Real Estate (if the parties own real estate)
• Certificate in Lieu of Case Management Conference
• Settlement Agreement
• Federal Affidavit
• Acknowledgement of Receipt of Summons and Complaint
• Entry of Appearance

• Child Support Affidavit(s)
• Child Support Worksheet(s)

Q: Will either of us be required to attend a court hearing?

A: In most cases in Utah, a hearing is not required when minor children are not involved. However, if the judge decides to hold a hearing, typically only the petitioner will need to attend.

Q: Where do I file my divorce papers in Kansas?

A: Divorce papers should be filed with the Clerk of the District Court in the county where either spouse resides.

Q: What documents are included in the self-prepared Vermont DivorceWriter package?

A: In Vermont, the following documents are included in the divorce paperwork package:

• DivorceWriter Cover Letter: Transmittal instructions for filing.
• DivorceWriter Filing Procedures: Step-by-step guidance for completing your filing.
• Information Sheet (Form 800): General court information sheet.
• Statement of Confidential Information (Form 849): Confidential party data form.
• Summons, Complaint for Divorce, and Notice of Appearance (Form 835): Primary initial filing pleadings.
• Notice and Acknowledgment of Receipt of Summons and Complaint: Proof of service document.
• Summons with Child Custody Affidavit (Form 836): Issued for cases involving minor children, replacing Form 835 and including an Affidavit of Child Custody.
• Affidavit of Income and Assets (Form 813): Financial disclosure statement.
• Affidavit of Military Status: Verification of active duty status.
• Child Support Worksheet and Findings of Fact: Support calculation documentation (used when minor children are involved).
• Child Support Order (Form 802): Formal order defining child support obligations (used when minor children are involved).
• Final Divorce Stipulation and Order: Settlement agreement and proposed decree.
• Vermont Record of Divorce or Annulment (Form 831): Official Health Department vital statistics record.

Q: How much is the filing fee in New Mexico?

A: The filing fee can vary from county to county, but is typically $135.00-$155.00 in New Mexico.

Q: What is considered to be the date of separation in Alaska?

A: The term "separation date" refers to the date when the spouses stopped living at the same residence.

Q: What are the basic steps for getting a divorce in Alabama?

A:

1. Prepare and file a Complaint for Divorce and related documents with the Circuit Court Clerk in the appropriate Alabama county and pay the required filing fee.
2. Provide a copy of the filed documents to your spouse. In uncontested cases, your spouse may sign an Answer and Waiver acknowledging receipt of the divorce papers.
3. Submit the remaining required documents for the judge's review, including your Settlement Agreement and the Plaintiff's Testimony form (and possibly attend a brief hearing if required by your county). The judge can sign the Final Judgment of Divorce once the mandatory 30-day waiting period has passed.

Detailed filing instructions are included with your document package, and requirements can vary by county.

Q: How do I serve my spouse with the divorce papers in Rhode Island?

A: Plaintiff finds an adult (who will not be serving as a witness at the divorce hearing) to personally serve the divorce papers on the Defendant. If the Plaintiff cannot find anyone to personally serve the Defendant, Plaintiff may have the Sheriff/Deputy Sheriff serve the Defendant.

Q: How long does it usually take to finalize a divorce?

A: In a Pennsylvania mutual consent divorce, where both spouses are working together and are in agreement on all issues, they can submit the documents to finalize the divorce ninety (90) days after the Complaint in Divorce is served on Defendant. Then, it generally takes fourteen (14) days from the date the final docs are submitted to receive the Final Decree of Divorce signed by the Judge in the mail.

Q: What are the grounds for filing for divorce in Delaware?

A: The no-fault ground for filing for divorce in Delaware is the marriage is irretrievably broken and that reconciliation is improbable. 13 Del. C. § 1505.

Q: Can I change my name in Iowa divorce proceedings?

A: Yes. In Iowa, either spouse is entitled to resume a former or maiden name as part of the divorce proceedings. [Iowa Code 598.37] There is no additional charge to have this request added to your divorce documents.

Q: What are the basic steps to getting a divorce in Nebraska?

A: The basic steps to a Nebraska divorce are:

1. File a Complaint for Divorce with the District Court Clerk in the county where either spouse lives.
2. The non-filing spouse signs a Voluntary Appearance, which is filed with the Clerk.
3. Approximately sixty (60) days after the Voluntary Appearance is filed, the spouse who filed for divorce will attend a brief divorce hearing after which the Judge will sign the Decree. The divorce is finalized thirty (30) days after the Decree is signed by the Judge.

Q: What are the basic steps to getting a divorce in Washington DC?

A: The basic steps to a Washington, D.C. divorce are:

1. File a Complaint for Absolute Divorce. If the Defendant's Answer to Complaint is filed at the same time as Plaintiff's Complaint, there is no need to formally serve Defendant with divorce papers. If no Answer is filed, Defendant must be served with divorce papers, and then Plaintiff must wait for the 20-day answer period to pass.
2. If Defendant's Answer to the Complaint was filed in Step 1, the spouses will sign a Separation Agreement and related documents. If no Answer was filed, Plaintiff will file documents asking the Court to grant a divorce by default.
3. Plaintiff attends a brief divorce hearing. The Judge will sign and mail a Judgment of Divorce to both spouses. The divorce is not final until 30 days after the Judgment of Divorce is signed unless Defendant's Answer was filed with the Complaint, in which case the parties will also file a Joint Waiver of Appeal waiving the 30-day waiting period and allowing the divorce to be final immediately.

Q: Do we have to be separated to get a divorce in New Mexico?

A: New Mexico no longer has a mandatory separation period before filing for divorce. Couples can file for divorce immediately after meeting residency requirements or at any time during their marriage.

Q: Will either of us be required to attend a court hearing?

A: Yes, in Kansas, both spouses are required to attend a court hearing. However, if the Defendant/Respondent is unable to attend the hearing, it is best to contact the court clerk and find out what options are available.

Q: Will either of us be required to attend a court hearing?

A: In New Mexico, a hearing will only take place if the Judge determines one is necessary.

Q: How soon after filing for divorce must the Respondent be served with a copy of the Petition and Summons?

A: The Petition and Summons must be served on the Respondent and the Proof of Service of Summons (FL-115) signed by the Server must be filed with the Superior Court Clerk within sixty (60) calendar days from the date of filing.

Q: What are the grounds for filing for divorce in Maine?

A: In Maine, a divorce may be granted on the grounds of irreconcilable marital differences. 19-A M.R.S.A. § 902.

Q: What is the Education Program for Separated Parents?

A: The Education Program for Separated Parents is a four-hour seminar to help parents understand a child's needs in relation to divorce and separation. The program is mandated by order of court for all actions in custody and divorce with children under the age of 18 years or such other cases as the court directs in the for Perry, Mifflin, and Juniata Counties. Education Program for Separated Parents, Mastrofski Court and Educational Consulting, P.O. Box 615, State College, PA 16804

Q: What are the grounds for filing for divorce in Arkansas for a covenant marriage?

A: Concerning a covenant marriage in Arkansas, grounds for divorce must be proven, even in an uncontested divorce. The grounds for divorce in Arkansas are:

• The spouses are legally separated, have no minor children, and have been living separate and apart continuously without reconciliation for a period of two (2) years from the date the judgment of judicial separation was signed.
• The spouses are legally separated, have minor children, and have been living separate and apart continuously without reconciliation for a period of two (2) years and six (6) months from the date the judgment of judicial separation was signed.

Q: Will either of us be required to attend a court hearing?

A: If the divorce is finalized by default,the Petitioner must attend a brief court hearing to finalize the divorce. If the divorce is finalized by Settlement Agreement, the Petitioner will meet with the judge to review the Settlement Agreement, commonly in a less formal setting than a court hearing.

Q: Can I change my name in New Hampshire divorce proceedings?

A: In New Hampshire, either spouse may change his or her name to a name held before the marriage.

Q: How do I serve my spouse if he/she will not sign the Waiver of Citation?

A: In Texas, you may wish to file a Motion for Substituted Service along with an Affidavit in Support of Substituted Service, which asks the judge to issue an Order allowing the Respondent to be served by one of the following alternate methods:

• Service on household member: Leaving a copy of the citation and petition with anyone over 16 years of age at the Respondent's residence.
• Posting at residence: Affixing a copy of the citation and petition to the door at the Respondent's residence.
• Mail delivery: Sending the notice by regular U.S. Mail to the Respondent's residence.

Q: How much is the filing fee in Iowa?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Iowa is $265.00 statewide as of September 2022 although that amount is subject to change at the discretion of the state.

Q: What is considered to be the date of separation in District of Columbia?

A: The date of separation is the date when the spouses began living separate and apart at different residences without interruption.

Note: Spouses are considered to be separated in District of Columbia even if they live under the same roof as long as they do not do things commonly associated with being a married couple. They must have separate bedrooms, sleep in separate beds and not engage in a sexual relationship.

DivorceWriter cannot assist you in determining if you meet the separation requirement. Contact an attorney if you have an questions on this matter.

Q: I received a court notice indicating that I have failed to raise ancillary claims by the pleadings precluding incorporation. What options do I have?

A: The term "incorporation" refers to the Property Settlement Agreement becoming part of, or incorporated into, the Final Divorce Decree. If the court advises that a failure to raise an ancillary claim by the pleadings has precluded incorporation, one of the three options set forth below should result in the court finalizing the divorce. The first two options are methods for getting the court to incorporate the Property Settlement Agreement. The third, and generally easiest option, asks the court to finalize the divorce without incorporation.

1. Option 1: Plaintiff files an Amended Complaint that specifically requests incorporation as a count in the Complaint. (Note: For more information on filing an amended document, enter those search terms in the Help Center search box above. This should retrieve additional help topics.) If this option is chosen, Plaintiff would file the Amended Complaint, re-serve Defendant with a copy of the Amended Complaint by following the steps for serving Defendant in the DivorceWriter filing procedures, and then both parties would sign new Affidavits of Consent after 90 days pass from service of the Amended Complaint. The parties must also sign and file a Stipulation to Incoporate the Property Settlement Agreement into Final Decree that expressly states their intention to incorporate. DivorceWriter will provide this document at no additional charge;
   OR
2. Option 2: Either party may file a separate Petition that requests incorporation of the Settlement Agreement, and then whichever spouse files that Petition must serve it on the other spouse, although the 90-day waiting period will not be required. (Note: DivorceWriter does not supply a separate Petition requesting incorporation.) The parties must also sign and file a Stipulation to Incoporate the Property Settlement Agreement into Final Decree that expressly states their intention to incorporate. DivorceWriter will provide this document at no additional charge.;
   OR
3. Option 3:Plaintiff removes the paragraph at the end of the Settlement Agreement requesting incorporation and retitles the document Amended Property Settlement Agreement. Both spouses sign the amended version of that document as well as signing new Plaintiff and Defendant Acknowledgments. Plaintiff removes the paragraph requesting incorporation at the end of the Praecipe to Transmit Record and retitles the document Amended Praecipe to Transmit Record. Plaintiff signs the amended version of that document. Both spouses sign a Praecipe to Withdraw the Request for Incorporation. Attach one copy of the Praecipe to Withdraw the Request for Incorporation to the front of each Property Settlement Agreement. File the original and two (2) copies of all three documents with the Court Clerk/Prothonotary. The Property Settlement Agreement will still be enforceable in Court, but will not be incorporated into the Final Decree of Divorce. DivorceWriter will provide a Praecipe to Withdraw the Request for Incorporation at no additional charge. It is possible that the court may require a brief hearing on the Praecipe to Withdraw the Request for Incorporation before granting the withdrawal.

Q: Does New Hampshire require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: With very limited exceptions, all divorcing parents are required to attend the Child Impact Program (CIP), which is a four hour seminar that is required by law to help parents deal with the impact that divorce often has on children.
A parent who would like to obtain the Court's permission to NOT take attend the program must file an Exemption Affidavit swearing that one of the following circumstances exists:

• The parent seeking an exemption from attendance is incarcerated; or
• The parent seeking an exemption has already attended previously.
• Additionally, the Court might allow an exemption "on any basis it deems appropriate, including, but not limited to, domestic violence, transportation or child care."

Q: How long does it usually take to finalize a divorce in New Jersey?

A: Assuming you and your spouse have reached an agreement on all matters, you should be able to finalize your divorce within 60 days from the date you file the divorce papers and serve your spouse with a copy of them by mail.

Q: Do we have to be separated to get a divorce in Delaware?

A: Yes, the spouses must be separated for 6 months or the Court will not grant a divorce.

The date of separation in Delaware is the date the parties started living separate and apart. If the parties still reside under the same roof, the date of separation is the date the parties started occupying separate bedrooms and stopped having sexual relations with each other.

Q: How do I serve my spouse with the divorce papers in Utah?

A: Formal service is not required in a divorce in Utah when both parties agree to all terms of the divorce. The defendant/respondent signs the Acceptance of Service and Waiver in front of a Notary Public, which is then filed with the Court.

Q: Do we have to be separated to get a divorce in South Dakota?

A: No. There is no requirement that spouses live apart in order to obtain a divorce on the grounds of irreconcilable differences in South Dakota.

Q: Where do I file my divorce papers in Missouri?

A: The divorce can be filed at the Circuit Court Clerk's office in the Missouri county where either spouses lives.

Q: Where do I file my divorce papers in Alaska?

A: Divorce papers in Alaska are filed with the Clerk of the Superior Court in the judicial district where you live.

Q: How do I get a Referee's recommendation?

A: When you go before the Judge you need to bring your Judgment of Divorce, which may be either a Consent Judgment or a Default Judgment, and also a Uniform Child Support Order for the Judge to sign after the pro con hearing. If you are opting out of Friend of the Court services, a hearing must take place with the Friend of the Court before the pro con hearing. In many counties, after the opt out hearing has been held, the Friend of the Court will prepare an Order, also known as the Referee's Recommendation, and a Uniform Child Support Order regarding the opt out. If the opt out request is granted, the Uniform Support Order will state a $0.00 support amount, although the Uniform Support Order must still be filed with the court. Both the Referee's Recommendation and the Uniform Support Order must be submitted pre-approved by Friend of the Court and submitted to the Judge before the pro con hearing.

Q: What are the basic steps to getting a divorce in Alaska?

A: ?The steps for filing your uncontested Alaska divorce with DivorceWriter are as follows:

1. You review and sign the documents, then file the Petition for Dissolution of Marriage and other divorce documents with the court clerk.
2. You then wait 30 days from when the Petition was filed before attending a final hearing.
3. A judge completes your divorce by signing your Decree of Divorce.

Q: Do I qualify for a Montana summary dissolution?

A: You can get a divorce in Montana through a summary dissolution proceeding only if all of the following conditions exist on the date you file the Joint Petition for Summary Dissolution:

1. You or your spouse have lived in Montana (or either of you was a member of the armed services stationed and residing in Montana) for at least 90 days before the filing of the action;
2. Irreconcilable differences have caused the irretrievable breakdown of the marriage, and you both agree that the marriage should be dissolved;
3. The wife is not pregnant and if there are any minor children, the parties have executed an agreed-upon parenting plan and the child support and medical support have been determined by judicial or administrative order for all children from the relationship born before or during the marriage or adopted by the parties during the marriage;
4. Neither of you has any legal interest (ownership or lease) in any real property such as land or buildings. However, this does not apply to a lease on a residence which is occupied by either spouse as long as the lease does not have an option to purchase the residence and the lease terminates within one year from the date the petition is filed;
5. There are no unpaid, unsecured obligations in excess of $8,000 incurred by either or both of the parties after the date of their marriage. A debt is unsecured when the debtor's promise to pay the debt is not secured by specific property if the debtor does not pay the debt. For example, a credit card is usually an unsecured debt because you do not have to give the credit card company the financed property if you do not pay your debt;
6. The total fair market value of your and your spouse's assets, excluding secured obligations, is less than $25,000. A debt is secured when the debtor's promise to pay the debt is backed by specific property if the debtor does not pay the debt. For example, your car can be taken by the bank to pay the debt if you miss a payment. This means that your car loan would be a secured debt;
7. Both of you have signed an agreement agreeing to the division of property and who will be responsible for any bills or obligations. Signed documents, title certificates, bills of sale, or other evidence of transfer or agreement should be presented to the court at the time of your hearing to confirm the division and responsibilities;
8. Both spouses give up your individual right to maintenance (financial support from the other NOT including child support);
9. Both spouses permanently give up your individual right to appeal the terms of the dissolution and your right to move for a new trial once the marriage is formally dissolved by the court;
10. Neither spouse wants help from the conciliation court to settle any controversy, or assistance in reconciling (If your county does not have a Conciliation court, this requirement does not apply); and
11. Both spouses have read and state that they understand the contents of this summary dissolution booklet, and both spouses want the court to end the marriage.

Q: Where do I file my divorce papers in Nebraska?

A: Divorces are filed at the District Court in the Nebraska county where either of the spouses lives.

Q: What are the Wyoming residency requirements for filing for divorce?

A: In Wyoming, the spouse filing for divorce must have been a resident of the state for sixty (60) days immediately prior to filing for divorce; or the couple married in the state of Wyoming AND the spouse filing for divorce must have resided in Wyoming from the time of marriage until the time of filing.
WY ST §20-2-107

Q: Where do I file my divorce papers in South Dakota?

A: In South Dakota, divorce are filed at the Circuit Court in the county where either spouse resides.

Q: The Court Clerk said I need to file an Affidavit of Fact, Certificate Regarding Service and Entry of Default to finalize my 103 divorce, but I do not see those documents in my DivorceWriter package. Where do I find them?

A: It is not unusual for the clerks and judges in one parish to refer to the same documents using different names than those used by clerks and judges in other parishes. For example, each Louisiana DivorceWriter 103 divorce package contains an Affidavit of Correctness in Lieu of Testimony. However, in some parishes, this document may be referred to as an Affidavit of Fact. Regardless of the name, this Affidavit swears to the truth of the statements made in the Divorce Petition.

Q: What is a Case Management Date?

A: The Case Management Date is chosen by the Court or Clerk and will always be at least ninety (90) days after the Return Date. Ask the Clerk for more information about the Case Management Date if you are not provided with one. The Plaintiff only goes to court on the Case Management Date if the divorce hearing is set for that date.

Q: Where do I file my divorce papers in Vermont?

A: In Vermont, divorces are filed at the Superior Court Clerk's office in the county where either spouse resides.

Q: What are the Utah residency requirements for filing for divorce?

A: 
A person seeking a divorce in Utah may file for divorce if one or more of the following residency requirements is met:

• The plaintiff/petitioner or defendant/respondent must have resided in the Utah county in which the divorce is being filed for 3 months prior to filing for divorce; OR
• If there are minor children, plaintiff/petitioner and/or defendant/respondent must have resided with the child(ren) in Utah for 6 months prior to filing for divorce.

Q: Where can I find state-by-state information on how long it takes to get a divorce?

A: Depending on the state where you live, it can take as little as two weeks and as much as six months to get a divorce after you file. For state details see our article How Long Does Divorce Take.

Q: What are the Iowa residency requirements for filing for divorce?

A: The spouse who files for divorce (Petitioner) must have lived in Iowa for at least 365 days before filing for divorce.

Q: What are the Delaware residency requirements for filing for divorce?

A: EIther the Petitioner or the Respondent must have lived in Delaware for 6 consecutive months (or 6 months in a row) before filing for divorce.

Q: Will either of us be required to attend a court hearing?

A: If there are no minor children involved, the parties will most likely not be required to attend a hearing unless the judge determines one is necessary. If minor children are involved, a short (typically 15 minutes) hearing will be required.

Q: Can I change my name in Delaware divorce proceedings?

A: Yes, either spouse my request the Court restore a former or maiden name. 13 Del. C. §1514.

Q: What documents are included in the self-prepared New Mexico DivorceWriter package?

A: Your self-prepared New Mexico DivorceWriter package will include:

• New Mexico Divorce Filing Procedures
• Petition for Dissolution of Marriage
• Domestic Relations Information Sheet
• Marital Settlement Agreement (Simple or Complex)
• Final Decree of Dissolution of Marriage

• Parenting Plan
• Wage Withholding Order
• Child Support Worksheet

Q: Do I have to e-file my divorce papers in Illinois?

A: Yes, all divorce documents must be e-filed in Illinois. Your DivorceWriter documents include step-by-step e-filing procedures that walk you through every step of the filing process, including how to set up an e-filing account.

Q: I live in San Mateo County. Why am I directed to file in the Southern Branch in Redwood City when I live closer to the Northern Branch in San Francisco?

A: Effective January 31, 2011, the Family Law/Civil/Probate Clerk's Office located at the Northern Branch has closed. All other family law/civil/probate filings must be filed in Redwood City at the Hall of Justice.

Q: Can I change my name in Alaska divorce proceedings?

A: Yes, either spouse may request in the Petition for Dissolution of Marriage that a former name be restored or that a new name be authorized.

Q: What is considered to be the date of separation in Michigan?

A: Michigan does not require spouses to live separate and apart in order to get divorced. If you and your spouse live at separate residences, enter the date you began living apart.

If you and your spouse still live together, indicate that you still live together instead of entering a separation date.

Q: What if I was only six months separated when I started, but now I need one-year separation forms?

A: In Virginia, the required separation period is one year if the spouses have minor children together. If there are no minor children and the spouses have a signed settlement (separation) agreement, the required separation period is reduced to six months.

If you have no minor children and originally planned to file on the grounds of six-month separation with a written agreement, but now qualify to file on the grounds of one-year separation, just send an email request to info@DivorceWriter.com. Please note: DivorceWriter does not automatically switch your documents from the six-month to the one-year separation version, since some customers still need the six-month version even after a year has passed. That's why we ask that you contact us directly if you want to make the change.

If you no longer need a signed written agreement to reduce the separation period and you have no children, property, debt, or spousal support, a written agreement is not required, but is still recommended because it includes a variety of other provisions related to the divorce, such as the finalization of legal rights and other notices required by law. If you have met the one-year separation requirement and you do not want a written agreement included in your divorce, it will be necessary to self-customize the applicable documents to remove references to it. More information on how to edit and prepare your documents is available here:
How to Edit and Prepare Divorce Papers

Q: What is Kentucky Family Court Rules of Procedure and Practice 3 (FCRPP 3)?

A: The document most commonly required to meet the requirements of FCRPP 3(1) as listed below is an Agreed Order, which is also sometimes called a Motion for Decree or Motion to Submit depending on the county.

FCRPP 3. Obtaining a Decree of Dissolution.
(1) Matters Not Requiring a Hearing.
(a) If parties reach an agreement on all issues, a decree of dissolution may be obtained without a hearing by filing a motion or agreed order to submit for decree of dissolution of marriage.
(i) The motion shall contain the following information and attachments:
(A) The date of marriage and separation;
(B) The date the petition for dissolution was filed;
(C) The date the respondent was served or filed an entry of appearance;
(D) The dates the verified disclosures were filed;
(E) If the parties have minor children of the marriage, and if ordered by the court, copies of certificates of completion of divorce education/parenting class by each party;
(F) A copy of the separation agreement, if any;
(G) A written deposition executed under oath by either party setting forth testimony required at a hearing;
(H) A written waiver of the right to a hearing executed by both parties;
(I) An affidavit stating that the parties have lived apart for sixty (60) days, and
that no material change in circumstances has occurred since the taking of the proof;
(J) A request for name restoration, if any, in writing;
(ii) Original copies of (A) through (J) above shall be filed with the clerk in the county of origin, and a courtesy copy shall be submitted to the judge at his or her primary office if it is not located in the court facility where the case file is located; and,
(iii) A decree shall not be final until the original is signed by the court and entered by the clerk.
(b) If the parties reach an agreement on individual issues short of settling the entire case, the agreement, signed by both parties, may be submitted directly to the court.

Q: What is considered to be the date of separation in Delaware?

A: The date of separation in Delaware is the date the parties started living separate and apart. If the parties still reside under the same roof, the date of separation is the date the parties started occupying separate bedrooms and stopped having sexual relations with each other. 13 Del. C. § 1503.

Q: What is considered to be the date of separation in New Mexico?

A: The term "separation date" refers to the date when the spouses stopped living at the same residence.

Q: What are the basic steps to getting a divorce in West Virginia?

A: The basic steps to a West Virginia divorce are:

1. The Petitioner files the initial divorce documents with the Clerk of the Circuit Court and serves the Respondent with copies of the divorce documents.
2. The Respondent files the required divorce documents.
3. If minor children are involved, the parents attend a parent education class.
4. Both spouses attend a divorce hearing, where the Judge will complete and sign a Final Order of Divorce.

Q: The Clerk has advised me to file Packet 4. What does this mean?

A: In Arizona, the Court Clerks often refer to the documents filed in a divorce in stages or packets. The packets in Arizona are as follows:

• Packet/Step 1 - Introduction and first court papers
• Packet/Step 2 - How to serve the first court papers
• Packet/Step 3 - How to respond to a divorce, set a default hearing, submit a consent decree, prepare for trial
• Packet/Step 4 - How to complete the divorce process, including the decree (final papers)

Q: How do I serve my spouse with the divorce papers in Iowa?

A: Within 90 days of filing for divorce, the Petitioner either hand-delivers or sends by regular U.S. Mail a copy of the Petition for Dissolution of Marriage and related documents to the other spouse. Note: If Petitioner fails to serve the Respondent within the 90-day deadline, the Petition will be dismissed and will have to be refiled including paying the filing fee again. Do not wait until the last day to serve the Respondent. Weekends and holidays do count as part of the 90-day deadline.

Q: Do we have to be separated to get a divorce in Kansas?

A: No. There is no requirement in Kansas that couples have to be separated in order to file for divorce.

Q: What are the basic steps to getting a divorce in Kansas?

A: The basic steps to a Kansas divorce are:

1. Petitioner files a Petition for Divorce and related documents.
2. Respondent files an Answer and related documents.
3. Petitioner schedules the divorce hearing.
4. After 60 days have passed from the divorce filing date, both spouses attend the final hearing.

Q: Do we have to be separated to get a divorce in Vermont?

A: Yes. The parties must be considered separated for at least six months in order to get a divorce on no fault grounds. Often, the separation begins when the couple stops living at the same residence. However, a couple that still resides at the same residence can be separated for purposes of meeting this requirement if they have been sleeping in separate beds and living as though the marriage is over for at least six months. The six-month separation requirement does not have to be met at the time the divorce is filed, but must be met before the divorce can be finalized.

Q: What is a Motion to Submit/Agreed (Joint) Order to Submit?

A: The Clerks in some counties may request a Motion to Submit, also commonly referred to as a Motion for Decree or Agreed Order or Joint Order to Submit. Some counties will only request this form in the event that the final documents are filed after the 30-day time limit. Other counties may simply require this form as part of the standard divorce procedure. Each Kentucky DivorceWriter document package includes an Agreed Order for Submission. The Agreed Order for Submission requires the signature of both spouses and is filed instead of a Motion to Submit.

If you have any additional questions concerning either the Motion to Submit or the Agreed Order for Submission, you should contact an attorney licensed to practice in Kentucky.

Q: What is considered to be the date of separation in Connecticut?

A: Here the term "separation date" refers to the date when the spouses decided to end the marriage with no intent to reconcile. This date is often a matter of interpretation. It is sometimes the date that the spouses stopped living together under the same roof, although in Connecticut, as long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof.

Q: The Court has asked for an affidavit or deposition under Virginia Code Sec. 20-106. What is that?

A: This document is sometimes referred to as an affidavit or deposition. The Court is letting you know that you may finalize your divorce by deposition rather than by going to the courthouse for an ore tenus hearing. Virginia Code Sec. 20-106 sets forth the requirements for finalizing a divorce by the sworn deposition of the Plaintiff and the Plaintiff's witness.

To obtain the deposition form free of charge, send your request to info@DivorceWriter.com. You will receive an e-mail containing all of the standard documents you received previously in your document package as well as all of our available supplemental forms for Virginia, which begin with the number 888. Among them will be a document containing Plaintiff and witness depositions. Detailed instructions for finalizing a divorce by deposition are included in your Virginia DivorceWriter filing procedures.

Q: Does Wyoming require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: Typically, courts in Wyoming do not require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce. However, the judge may determine this is necessary and order the parties to attend a class or seminar depending on individual situations.

Q: What documents are included in the self-prepared Maryland DivorceWriter package?

A: The self-prepared DivorceWriter document package includes the following:

• Maryland Divorce Filing Procedures
• Civil-Domestic Case Information Report
• Complaint for Absolute Divorce
• Affidavit of Service (certified mail and private process options included)
• Answer to Complaint
• Financial Statement
• Joint Statement of Parties Concerning Marital and Non-Marital Property
• Joint Request to Schedule an Uncontested Divorce Hearing
• Marital Settlement Agreement (Note: This document will be called a Separation Agreement if the grounds for divorce selected by the customer is 12-month separation.)
• Submission for Judgment of Divorce

• Child Support Worksheet

Q: Do we have to be separated to get a divorce in Montana?

A: No. There is no requirement in Montana for the spouses to be separated in order to file for divorce.

Q: Is it more difficult to prove grounds other than the 18 month separation?

A: In order to prove an 18 month separation (or 24 month for a "Covenant" marriage), the residency and the separation must be proven and corroborated by a witness (either through a signed Affidavit or testimony at the final hearing) who has actual knowledge of the residency and separation. The witness must have known the party for the entire 18 month period of separation.

Proving other grounds requires factual evidence and sufficient non-conclusory proof of the grounds.

Q: What are the grounds for filing for divorce in Wyoming?

A: The grounds for filing for divorce in Wyoming is irreconcilable differences in the marital relationship.
WY ST §20-2-104

Q: Is e-filing required in Iowa?

A: As of June 30, 2015, every county in Iowa allows (and most require) electronic filing (aka e-filing) of divorce papers. Your DivorceWriter filing procedures include detailed information on how to e-file your documents and helpful tips for those who aren't sure how to e-file.

A list of counties requiring divorce forms to be filed electronically is available at here.

Q: Why did my spouse and I each received a Confidential Information Form (CIF), but only one Notice of Filing of Confidential Information Form UTCR 2.130.2?

A: When documents containing confidential information are filed, a notice form is also filed in order to notify the clerk to redact the confidential information prior to the document(s) becoming public record. One notice may notify the clerk that each spouse has filed a document containing confidential information.

Q: How do I serve my spouse with the divorce papers in South Dakota?

A: Formal service by a Sheriff or private process server is not required in South Dakota. Plaintiff can hand-deliver or mail a copy of the divorce papers to Defendant along with a Notice and Admission of Service of Summons and Complaint form. The Defendant signs the second half of this form when he or she receives the divorce documents from Plaintiff. Then, the Notice and Admission of Service of Summons and Complaint is filed with the Court Clerk.

Q: Does Idaho require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: In divorce proceedings involving minor children, most counties in Idaho require the parents to complete a parent education class. If required, the Clerk of the District Court will notify the Plaintiff when he/she files the Complaint for Divorce.

Q: How does my spouse waive jurisdiction in order to have the divorce filed in a county other than the county where he or she lives?

A: An Acknowledgment of Service, Consent to Jurisdiction and Venue, and Consent to Present Case is included in every DivorceWriter Georgia document package. This document is signed by the Respondent in front of a Notary Public, and contains language whereby the Respondent waives jurisdiction and consents to have the divorce filed in a county other than his or her county of residence.

Q: Where do I file my divorce papers in North Dakota?

A: If the Defendant is a resident of North Dakota, then the divorce papers are filed at the Clerk of the District Court's office in the county where the Defendant resides. If the Defendant is not a resident of North Dakota, then the Plaintiff may file the divorce papers with the Clerk of the District Court's office in any county he/she prefers in North Dakota.

Q: What are the grounds for filing for divorce in New Hampshire?

A: The no-fault ground for divorce in New Hampshire is that irreconcilable differences have caused the irremediable breakdown of the marriage.

Q: What documents are included in the self-prepared Idaho DivorceWriter package?

A: If you select a Idaho divorce without children, you are selecting the following forms:

• Family Law Case Information Sheet
• Complaint for Divorce
• Summons
• Acknowledgment of Service
• Sworn Stipulation for Entry of Decree of Divorce
• Decree of Divorce

• Parenting Plan
• Affidavit Verifying Income
• Child Support Worksheet

Q: How long does it usually take to finalize a divorce in Connecticut?

A: The total time to finalize the divorce is usually around four months. You must wait 90 days from the "Return Date," which is the official starting date of your case after the State Marshal makes service on the Defendant and returns the served papers to the Clerk prior to the Return Date.

Q: Can a Notary Public notarize any documents that require notarization or do some documents have to be notarized by the Court Clerk?

A: Although some documents have slightly different notary blocks, any divorce documents requiring notarization in Oregon can be notarized either by a Notary Public or by the Court Clerk.

Q: What are the Connecticut residency requirements for filing for divorce?

A: To file for divorce in Connecticut one of the following requirements must be met:

1. One of the spouses has been a resident of Connecticut for at least the twelve (12) months immediately before filing the Complaint for Divorce or twelve (12) months before divorce will be finalized;
2. A spouse lived in Connecticut at the time of the marriage, moved away, and then moved back to Connecticut with the intention of living there permanently before filing for divorce; or
3. The irretrievable breakdown of the marriage happened after either spouse moved to Connecticut.

Q: What are the grounds for filing for divorce in Missouri?

A: The no-fault grounds for divorce in Missouri is that the marriage is irretrievably broken. An irretrievably broken marriage is one where there is no reasonable likelihood that the marriage can be preserved.

Q: How do I serve my spouse with the divorce papers in North Dakota?

A: Our North Dakota DivorceWriter documents include an Acceptance of Service, which is a document that the non-filing spouse will sign in front of a Notary Public. This document officially notifies the Court in writing that the non-filing spouse voluntarily waives the right to formal service of the divorce papers.

Q: Does my income fall below the U.S. Department of Health and Human Services Poverty Guidelines?

A: To qualify for a divorce filing fee waiver, some states require the person filing to have an annual income that falls at least 125% below the U.S. Department of Health and Human Services Poverty Guidelines. Information on the HHS Poverty Guidelines for the current year is available here.

Q: How long does it usually take to finalize a divorce in South Dakota?

A: In South Dakota, there is a 60-day waiting period beginning the day the Summons and Complaint are served on the Defendant before the divorce can be finalized.

Q: Can I change my name in Idaho divorce proceedings?

A: Yes. In Idaho, either spouse is entitled to resume a former or maiden name as part of the divorce proceedings. There is no additional charge to have this request added to your divorce documents.

Q: Does North Dakota require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: No, North Dakota does not require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce.

Q: What is considered to be the date of separation in South Dakota?

A: Spouses are not required to live separate and apart in South Dakota in order to get divorced. If you and your spouse are currently living apart, enter the date you began living apart.

If you and your spouse still live together, no separation date is required.

Q: How long does it usually take to finalize a divorce in Iowa?

A: Under Iowa law, there is a waiting period of 90 days before a Judge can sign the final divorce Decree. The 90 days begins when the Acceptance of Service of Original Notice (FL-105) was filed at the Clerk's office.

Under certain circumstances, the Judge may waive the 90-day waiting period, but first, the party that wants the waiver must file an FL-122 Motion explaining why the Judge should waive the waiting period. DivorceWriter cannot assist you in explaining the need for the waiver on your Motion although we will provide you with a Motion to complete.

Q: Do we have to be separated to get a divorce in Nebraska?

A: No. There is no requirement that the spouses be separated in order to get a no-fault divorce on the ground that the marriage is irretrievably broken.

Q: Will either of us be required to attend a court hearing?

A: In Maine, a Case Management Conference is usually held prior to the final divorce hearing. The Plaintiff will file a Certificate in Lieu of Case Management Conference requesting this preliminary conference requirement to be waived. The judge will review the divorce documents after they are filed and upon finding the parties are in agreement with regard to all divorce matters, may waive the Case Management Conference. The parties will still have to attend a short final divorce hearing.

Q: How much is the filing fee in North Dakota?

A: Please check with the District Court Clerk in the county in which the divorce will be filed to determine exact fees. The filing fee can vary from county to county, but is typically $80.00.

Q: What are the Maryland residency requirements for filing for divorce?

A: If the grounds for divorce occurred outside the state of Maryland, at least one spouse must have resided in the state of Maryland for at least six (6) months before the divorce is filed. If the grounds for divorce occurred within the state of Maryland, at least one spouse must be a resident of the state of Maryland when the divorce is filed, although the length of residency does not matter.

The divorce may be filed in the Maryland county where either spouse resides, although most commonly, it is filed in the county where the filing spouse lives. Maryland Code Sec. 7-103.

Q: Will either of us be required to attend a court hearing?

A: In Idaho, a hearing will only take place if the Judge determines one is necessary.

Q: What is considered to be the date of separation in Massachusetts?

A: Spouses are not required to live at separate residences in Massachusetts in order to get divorced. If you and your spouse live at separate residences, the separation date may be the date you began living apart.

If you and your spouse continue to live at the same residence, enter the date that best reflects when you considered the marital relationship to have ended. A separation date is required to complete your Massachusetts divorce documents.

Q: What are the basic steps to getting a divorce in Utah?

A: The basic steps to a Utah divorce are:

1. Plaintiff/Petitioner reviews, signs, and files the initial divorce documents.
2. Plaintiff/Petitioner serves his/her spouse with the divorce documents and provides him/her with the documents he/she needs to complete and file.
3. Plaintiff/Petitioner files the remaining documents.
4. Both parties wait the required 90 days. If no hearing is required, a judge completes the divorce by signing the Decree of Divorce. If a hearing is required (when minor children are involved), both parties (or at least the Plaintiff) will attend the hearing, and the judge will sign the Decree of Divorce.

Q: What documents are included in the self-prepared Rhode Island DivorceWriter package?

A: The following documents are included in the Rhode Island DivorceWriter pacakge:

• Complaint for Divorce
• Marital Settlement Agreement
• Summons
• Statement of Assets - Plaintiff
• Family Services Counseling Unit Form
• Report of Divorce
• Nominal Track Notice
• Entry of Appearance
• Answer to Complaint for Divorce
• Statement of Assets-Defendant
• Decision Pending Entry of Final Judgment
• Final Judgment

Q: Can I change my name in New Mexico divorce proceedings?

A: In New Mexico, the wife may request to take back a former legal surname through divorce proceedings.

Q: What are the grounds for filing for divorce in North Dakota?

A: The no-fault grounds for divorce in North Dakota is irreconcilable differences. N.D.C.C. 14-05-03

Q: Is e-filing mandatory in Georgia?

A: On January 1, 2019, e-filing became mandatory for civil cases filed in Georgia, but it only applies to those cases filed by attorneys. People without lawyers, also known as pro se, are encouraged to e-file, but they are not required to do so. This means that the Court Clerk must continue to accept paper document filings in person or by mail from people filing for divorce without an attorney.

Q: Can my spouse have documents notarized in a different state?

A: 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.

If the document being notarized lists the county/state as different from where the notary is actually located, you may have to customize the document so the county/state is listed correctly. To do so, log into your account at www.divorcewriter.com/login. 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. Then, customize as needed, save and print.

Q: What are the basic steps to getting a divorce in South Dakota?

A: The basic steps to a South Dakota divorce are:

1. The Plaintiff files a Summons and Complaint with the Circuit Court Clerk.
2. Plaintiff either mails or hand-delivers a copy of the Summons and Complaint to the Defendant along with a few other documents for Defendant to sign and return to Plaintiff.
3. Finalize the Divorce:
   • Option 1 (Divorce by Stipulation): The Defendant's Answer and a few additional documents are filed with the Circuit Court Clerk within thirty (30) days of Defendant receiving the Summons and Complaint. The divorce will be finalized in approximately sixty (60) days without a hearing.
   • Option 2 (Divorce by Default): If the Defendant's Answer is not filed within thirty (30) days, Plaintiff files a series of documents requesting a divorce by default. A divorce by default can be finalized after sixty (60) days, although Plaintiff must attend a brief court hearing first.

Q: What documents are included in the self-prepared Wyoming DivorceWriter package?

A: Your self-prepared Wyoming divorce package without children includes:

• Vital Statistics Form
• Complaint for Divorce
• Summons
• Acceptance of Service
• Answer to Complaint for Divorce
• Required Initial Disclosures
• Notices of Service of Required Initial Disclosures
• Settlement Agreement
• Affidavit for Divorce without Appearance of Parties
• Request for Setting
• Order Setting Divorce Trial
• Decree of Divorce

• Vital Statistics Form
• Complaint for Divorce
• Summons
• Order Requiring Financial Affidavits
• Acceptance of Service
• Answer to Complaint for Divorce
• Confidential Financial Affidavits
• Child Support Confidential Statements
• Child Support Computation Form
• Confidential Statement of the Parties for Child Support Order
• Affidavit for Divorce without Appearance of the Parties
• Request for Setting
• Order Setting Divorce Trial
• Decree of Divorce
• Income Withholding Order

Q: How long does it usually take to finalize a divorce in Wyoming?

A: In Wyoming, the Plaintiff must wait at least 20 days after the Defendant has been served the Complaint for Divorce and Summons before the Plaintiff may file the Decree of Divorce with the clerk of the court.

Q: Is e-filing required in Texas?

A: No. E-filing is optional if you file for divorce without an attorney.

The first step in e-filing is to select an electronic filing service provider (EFSP) here.

Each EFSP has varying features which may or may not be relevant to your divorce case. If you would like more information on the features offered by each EFSP, please contact that provider directly. DivorceWriter cannot assist you in selecting an EFSP. Once you have selected your desired EFSP, you will be prompted to register for an e-filing account.

Once you have registered, you may begin the filing process by following the instructions provided at your EFSP's website.

Q: Do we have to be separated to get a divorce in North Dakota?

A: No. There is no separation requirement in North Dakota.

Q: What are the grounds for divorce in Ohio?

A: While Ohio allows people to file for divorce on a number of fault grounds (ex. adultery, extreme cruelty, habitual drunkenness, gross neglect of duty, fraud, or abandonment), DivorceWriter uses the no-fault grounds of incompatibility for all Ohio divorces because it is the easiest grounds to prove. If you are filing for dissolution instead of divorce, no specific grounds are required because the Petition for Dissolution is jointly filed and signed by both spouses.

If you feel compelled to file on a fault grounds rather than the much easier and commonly used grounds of incompatibility, DivorceWriter may not be the right product for you.

Q: How much is the filing fee in Kansas?

A: The DivorceWriter price does NOT include the filing fee charged by the Clerk of the District Court when you file for divorce. The filing fee in Kansas is usually between $156.00 to $197.00.

Q: What if my spouse (the Defendant) is in another state or cannot otherwise attend the hearing?

A: In Arkansas, each county handles this issue differently. The spouse unable to attend the hearing should contact the Court Clerk's office in the county the divorce papers were filed and ask what the procedure is if the Defendant is unable to attend the divorce hearing.

Q: How do I serve my spouse with the divorce papers in Washington D.C.?

A: The two procedures for serving the Defendant with divorce papers in the District of Columbia are as follows:

1. Plaintiff selects an adult who is not involved in the case (not a party and not a child of the marriage) to hand-deliver a copy of the divorce documents to either the Defendant or an adult who actually lives in the same home as Defendant; or
2. Plaintiff sends the divorce documents to Defendant by certified mail with return receipt requested, and either Defendant or an adult who actually lives in Defendant's home signs for the papers when they are delivered.

Q: What are the grounds for filing for divorce in Iowa?

A: A couple can divorce in Iowa on the grounds there has been an irretreivable breakdown of the marriage. [Iowa Code Chapter 598.17]

Q: How much is the filing fee in Michigan?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The divorce filing fee is between $150.00-$255.00 in Michigan and is paid at the time of filing.

Michigan divorces with children also require a judgment fee of $80.00. Some counties require you to pay the judgment fee when you file your divorce while other counties require it to be paid on the day of your divorce hearing. The judgment fee is not required if the parties have no minor children.

Q: What documents are included in the self-prepared Alaska DivorceWriter package?

A: If you select an Alaska divorce without children, you are selecting the following forms:

• Petition for Dissolution of Marriage
• Retirement/Military Pension Benefits Settlement Agreement(if benefits are being divided)
• Information Sheet

Q: Where do I file my divorce?

A: Washington is unique in allowing residents to file for divorce in any county. While most couples choose the county where one spouse resides, the divorce may be filed in any county within the state.

Q: How do I serve my spouse with the divorce papers in Idaho?

A: The Plaintiff hand-delivers or mails a copy of the Complaint for Divorce and Summons to the Defendant. The Defendant completes an Acknowledgment of Service, which the Plaintiff then files with the Clerk of the District Court.

Q: Does Delaware require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: Yes. In Delaware, all divorcing parents must take a Parent Education Class. If the child(ren) are between the ages of 8 and 16, they must also attend the class. Upon completion of the class, a Certificate of Completion of Parent Education Class will be issued, which must be filed with the Court.

Q: Does New Mexico require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: In divorce proceedings involving minor children, some counties in New Mexico may require the parents to complete a parent education class. If required, once the education is complete, the parties will file a Certificate of Completion with the Clerk of the District Court.

Q: How much is the filing fee in Missouri?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Missouri varies from county to county, but is typically $150.00-$200.00.

Q: What documents are included in the self-prepared Utah DivorceWriter package?

A: The following documents are included in the no-children Utah DivorceWriter package:

• Cover Sheet for Civil Actions
• Certificate of Divorce
• Verified Petition
• Stipulation
• Notice of URCP 26.1 Disclosure and Discovery Requirements in Domestic Relations Actions
• Affidavit of Jurisdiction and Grounds for Divorce
• Findings of Fact and Conclusions of Law
• Decree of Divorce and Judgment

• Notice of Divorce Education Requirements
• Child Support Worksheet(s)
• Affidavit of Income Verification

Q: How much is the filing fee in Connecticut?

A: The filing fee charged by the Court is NOT included in the DivorceWriter price. The filing fee in Connecticut is $360.00 statewide as of June 2017 although that amount is subject to change at the discretion of the state.

Q: What are the Montana residency requirements for filing for divorce?

A: To file for divorce in Montana, either you or your spouse must have lived in Montana (or either of you was a member of the armed services stationed and residing in Montana) for at least 90 days before the filing of the action.

Q: What are the grounds for filing for divorce in Hawaii?

A: A no-fault divorce can be obtained in Hawaii when the marriage is irretrievably broken.

Q: How long does it usually take to finalize a divorce in Indiana?

A: In Indiana, divorces are usually finalized approximately 60 days after the Verified Petition for Dissolution of Marriage is filed with the Court Clerk. No hearing is required to finalize a divorce in Indiana.

Q: What are the Vermont residency requirements for filing for divorce?

A: A divorce may be filed in Vermont if either spouse has resided within the state for a period of six months or more, but a divorce cannot be finalized until at least one spouse has resided in the state one year immediately before the final hearing. Temporary absence from the state because of illness, employment, military service, or other legitimate and bona fide cause, does not affect the accrual of these time requirements.

Q: Can I change my name in Kansas divorce proceedings?

A: Yes. In Kansas, either spouse is entitled to resume a former or maiden name as part of the divorce proceedings. [Kansas Statutes 60-1610] There is no additional charge to have this request added to your divorce documents.

Q: Does Alaska require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?

A: In most courts parents with children will not be granted a hearing on a petition for dissolution until both parents have viewed the 48 minute video, "Listen to the Children". The video is about what children feel when their parents divorce and what parents can do to make the divorce less painful for their children. After viewing the video, you will be given a Certificate of Completion. Some courts require that both parents file their certificates of completion at the clerk's office at the same time they file their petition for dissolution. In those courts, this means that you must see the video BEFORE you file your dissolution packet with the court. Check with your local court to understand whether the video is required and when you need to file the certificate of completion.

See Alaska Parent Education Requirements for specific court requirements.

Q: What is a Mover's Affidavit?

A: A Mover's Affidavit is a sworn affidavit that you must sign in front of a Notary Public, which you use to swear to the allegations in the document you have filed. In the case of a fee waiver request, which is called an In Forma Pauperis Affidavit, a Mover's Affidavit is attached to that form. An In Forma Pauperis Affidavit with a Mover's Affidavit attached is available free of charge upon request as part of your DivorceWriter purchase by sending a request to info@DivorceWriter.com.

If you've been told you need a Mover's Affidavit attached to a different document, you may be able to use the one attached to the In Forma Pauperis Affidavit as a sample.

Q: What are the basic steps to getting a divorce in New Mexico?

A: The basic steps to a New Mexico divorce are:

1. You review and sign the documents (some in the presence of a notary), then file the divorce documents with the Clerk of the District Court.
2. Take a copy of the filed divorce documents to the office of the judge assigned to the case.
3. The Judge reviews the divorce documents and decides if a hearing is necessary.
4. If a hearing is not necessary, the Judge will sign the Final Decree of Dissolution of Marriage. You will file a copy of the Final Decree with the Clerk of the District Court, finalizing the divorce process.
5. If the judge determines a hearing is necessary, both spouses will attend the hearing at which time the judge signs the Final Decree. You will file a copy of the Final Decree with the Clerk of the District Court, finalizing the divorce process.

Q: Do we have to be separated to get a divorce in Maine?

A: No, Maine state law does not require the spouses be separated in order to get a divorce.

Q: Why did the Clerk tell me to file a Notice-Motion for motion hour?

A: If the Clerk has requested that you file a Notice-Motion or a Motion for motion hour, it generally means that the Court Clerk and/or judge is under the impression that the spouses have not signed a Marital Settlement Agreement and in order to complete the divorce process, is requiring the Petitionr to file the required documents to have a final hearing scheduled. In Kentucky, the document filed when spouses do not sign and file a Marital Settlement Agreement is called a Notice-Motion. Additionally, along with the Notice-Motion, the Petitioner also files an Order for the judge to sign later setting the date for the final divorce hearing. Note that the purpose for filing a Notice-Motion is only have your motion for a final hearing date put on the docket for a motion hour. Do not confuse the motion hour with the actual final divorce hearing.

If the parties have both signed a Marital Settlement Agreement and that document has been filed with the Court Clerk, the Petitioner may want to inquire with the Clerk as to why the divorce needs to be set for hearing when the parties have already filed a written Marital Settlement Agreement. If the Court Clerk still requires a Notice-Motion-Order to Schedule Hearing, Petitioner should fill in the case number on each page of the document, mark whether Defendant was served with the Petition for Dissolution and also whether Defendant's signed Entry of Appearance and Waiver was filed with the Court Clerk in the [ ] provided, and file three copies with the Court Clerk. While at the Clerk's office, the Petitioner should obtain the date and time for the Petitioner's Motion. Petitioner fills in this information in the Notice paragraph and signs all copies on the line provided. Then, immediately after leaving the Court Clerk's office, Petitioner mails a copy of the Notice-Motion to Respondent by regular U.S. Mail, and completes and signs the Certificate of Service located at the bottom of the Notice-Motion. Then, Petitioner files two copies of the Notice-Motion with the completed Certificate of Service with the Court Clerk.

Depending on the county, Petitioner may not actually need to be present at the motion hour. Petitioner should ask the Court Clerk whether his or her presence at the motion hour is required. If so, Petitioner must attend and appear before the judge to obtain a date for the final hearing. The final hearing date will be filled in on the Order attached to the Notice-Motion and the Court Clerk will mail the final hearing date to both spouses although only Petitioner is required to attend the final hearing. Petitioner must be present in court on the date and time listed on the Order for the final divorce hearing in order to finalize the divorce.

Q: What are the North Dakota residency requirements for filing for divorce?

A: The plaintiff must have been a resident of North Dakota for six (6) months immediately before filing for divorce. If the plaintiff has not been a resident for this time period, the divorce cannot be finalized until the plaintiff has been a resident for six (6) full months immediately before the entry of the Judgment and Decree.

Q: Will either of us be required to attend a court hearing?

A: In Wyoming, the requirement to attend a court hearing varies county by county. If a court hearing is required, the Plaintiff will file the Request for Setting and Order Setting Divorce Trial with the clerk of the court. Upon receipt of the hearing time and date, both parties will attend a divorce hearing. If the county requires the attendance of both spouses at the hearing, and one spouse is unable to attend, there is usually a procedure for requesting that the out-of-state spouse appear by telephone or some other means.
If a court hearing is not required, Plaintiff will file the Affidavit for Divorce Without Appearance of Parties instead of the Request for Setting and Order Setting Divorce Trial. Both parties will then receive a copy of the finalized Decree of Divorce once the judge has signed it.

Q: Will either of us be required to attend a court hearing?

A: Yes. The Plaintiff must attend a brief court hearing before the divorce can be finalized. The Defendant is not required at attend although if Defendant wants to resume a former or maiden name, the Judge will expect the Defendant to be present. Additionally, if Plaintiff is not a resident of D.C. and the Defendant is, the Defendant will be required to attend the hearing.

Q: 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?

A: 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. This can be done by either downloading the document in Microsoft Word and typing in "Amended" in front of the document title or by handwriting it if the document cannot be revised in Word. For example, if there was an error in the Original Petition for Divorce that was filed with the Clerk, before filing a corrected Petition, the document should be retitled Amended Petition for Divorce. 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.

Be certain to provide the other spouse with a copy of the amended copy of the document(s) you have filed. If the original version of the amended document required a certain procedure for service, be sure to follow that same procedure when serving the amended document.

Q: How do I know which courthouse to file my divorce in Los Angeles County?

A: When both spouses live in Los Angeles County, the divorce can be filed in the district where either spouse lives. For more information, see Los Angeles County Superior Court Rule 2.3.

Q: What is considered to be the date of separation in Maine?

A: The term "separation date" refers to the date when the spouses stopped living at the same residence. However, Maine does not require the spouses to be separated prior to filing for divorce.

Q: What if my spouse and I have agreed to a child support amount that is different from the standard amount?

A: A Texas court may order child support payments in an amount other than that established by the guidelines if it is in the best interest of the child(ren) to do so. To review the 17 factors the court must consider in deciding to allow a support amount different than the guideline amount, see Texas Family Code Sec. 154.123.

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.

Q: How is child support calculated in Washington?

A: Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is created and sent to the customer as part of the DivorceWriter package.

Additional information can be found here.

Q: Does the Court always require child support to be withheld from the income of the parent that has to pay?

A: Although the court must order that support be withheld from the income of the parent ordered to pay, it will suspend the withholding as long as the child support payments remain current. The support order contains a provision for income withholding to begin if a support delinquency occurs. Additionally, regardless of whether the withholding is active, Texas requires that all support payments be made to the Child Support State Disbursement Unit before being distributed to the recipient. For more information, see Texas Family Code Sec. 154.007.

Q: Is child support required in Ohio?

A: Yes. Even when parents agree to very little or no child support, courts may reject the terms because parents have a duty to support their children both before and after a divorce.

Additional information on minimum child support obligations is available here.

Q: Is child support required in Washington?

A: Yes. Even when parents agree to very little or no child support, courts may reject the terms because parents have a duty to support their children both before and after a divorce.

Additional information on the duty to support is available here.

Q: How is child support calculated in North Carolina?

A: 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.

Q: How is child support calculated in Michigan?

A: Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.

Additional information on the calculation of child support can be found here.

Q: How is child support calculated?

A: Based on the information provided by the customer when completing the online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.

Additional information on the calculation of child support can be found here.

Q: What is the standard Georgia Visitation?

A: DivorceWriter Georgia standard visitation language provides reasonable and liberal visitation. It allows parents to agree to visitation as they choose, but if there is a disagreement it provides the Custodial and Noncustodial parents specific times with the children. The children would spend most of the time with the Custodial parent, but reserves time with the Noncustodial parent including every other weekend, some holidays, and up to four weeks in the summer.

Q: How are child support payments made in Texas?

A: In Texas, the court must order the payment of child support to the state disbursement unit where it is then distributed to the party receiving the support payments. See Texas Family Code Sec. 154.004.

Q: Is child support required in Florida?

A: Yes. Even when parents agree to very little or no child support, courts may reject the terms because parents have a duty to support their children both before and after a divorce.

Q: What if my spouse and I have agreed to a child support amount that is different from the standard amount?

A: See Florida Statute 61.30(1)(a), which states that "[t]he [Judge] may order payment of child support which varies, plus or minus 5%, from the guideline amount, after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent. The [Judge] may order payment of child support in an amount which varies more than 5% from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate.

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.

Q: What are the different types of custody?

A: In Ohio, joint legal custody is commonly referred to as shared parenting. Shared parenting allocates parental rights and responsibilities for the care of the child(ren) to both parents through a Shared Parenting Plan that sets forth how the parents will share all or some of the aspects of the physical and legal care of the child(ren). In a shared parenting arrangement, both parents are designated the legal custodians and residential parents of the child(ren), although it is NOT required that the physical parenting, sometimes referred to as physical or residential custody, be 50/50.

If shared parenting is not selected, you can choose for one parent to be the legal custodian and residential parent of the child(ren) with a customized visitation schedule, if desired, for the non-residential parent.

Additional information on allocating parental rights and responsibilities is available at Ohio Revised Code 3109.04 and 3105.63(A)(1).

Q: What is "allocation of parental responsibility?"

A: In 2016, Illinois law changed to abolish terms like "custody" and "visitation." Instead, Illinois uses "allocation of parental responsibility." What was previously called "physical custody" is now referred to as "allocation of parental responsibility--parenting time" and what was previously called "legal custody" is now referred to as "allocation of parental responsibility--decision-making."

More information on allocation of parental responsibility in Illinois is available at: 750 ILCS 5.

Q: What if my spouse and I have agreed to a child support amount that is different from the standard amount?

A: Spouses who both want to use a child support amount that is different from the state calculation have the option to enter that information in this portion of the interview. In order to use a different support amount, 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 your reason for using an amount different from the state calculation.

Q: How is child support calculated in Illinois?

A: Based on the information provided by the customer when completing this online interview, the standard child support amount is automatically calculated and included in your self-prepared DivorceWriter package. Prior to July 1, 2017, child support in Illinois was set at a flat percentage depending on the number of children to be supported. However, after July 1, 2017, all child support in Illinois is calculated according to the income shares model. The income shares model is the method to calculate child support that is used in most states. 750 ILCS 5/505

Q: How is child support calculated in Pennsylvania?

A: Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.

Additional information on the calculation of child support can be found at: www.pacode.com

Q: When can a child support order be modified in Texas?

A: In Texas, the court may modify an order that provides for the support of a child if:
(1) the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the child support order;
or
(2) it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20% or $100 from the amount that would be awarded in accordance with the child support guidelines.

However, if the parties agree to an order under which the amount of child support differs from the amount that would be awarded in accordance with the child support guidelines, the court may modify the order only if the circumstances of the child or a person affected by the order have materially and substantially changed since the date of the order's rendition.

See Texas Family Code Sec. 156.401.

Q: What are the different types of custody in New Jersey?

A: In New Jersey, "physical custody" refers to the physical care and supervision of a child. Physical custody can be joint or sole. In a joint physical custody situation, the parents often spend about the same amount of time with the child(ren) each week. However, parents can also choose joint physical custody while designating one parent as the primary physical custodian. With sole physical custody, the non-custodial parent can exercise visitation/parenting time, if desired.

"Legal custody" refers to parental rights and responsibilities in making decisions regarding the child. In New Jersey, there are two types of legal custody: (1) joint/shared and (2) sole. With joint/shared legal custody, both parents retain full parental rights and responsibilities and confer with each other so that major decisions affecting the welfare of the child(ren) will be determined jointly. With sole legal custody, one parent makes decisions regarding the minor child(ren) and the other parent usually, though not always, exercises some type of visitation.

For more information, see N.J.S.A. 9:2-4.

Q: What is the parenting time schedule under the Standard Possession Order?

A: To view the parenting time schedule under the Texas Standard Possession Order, see Texas Family Code Sec. 153.312-153.315. Note: There is one schedule when parents live within 100 miles of the child(ren) and another schedule when parents live more than 100 miles away from the child(ren).

Q: What are acceptable reasons in Ohio for the Court to consider in allowing us to choose a child support amount that is higher or lower than the guideline amount?

A: DivorceWriter shows you the child support calculation under the guidelines using the parents' income. Then, the customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount as well a reason for using a different amount. Additional information on using a child support amount that is different from the standard amount set by the Child Support Guidelines is available here.

Q: What if my spouse and I have agreed to an amount different from the standard Washington Child Support Guidelines calculation?

A: Information on deviating from the standard Washington Child Support Guidelines calculation is available here.

Q: How is child support calculated in New York?

A: Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is created and sent to the customer as part of the DivorceWriter package.

The New York Child Support Standards are available here.

Q: How is child support calculated in Tennessee?

A: Based on the information provided by the customer when completing the Tennessee online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. See Tennessee Child Support Guidelines for additional information on child support calculation in Tennessee.

Q: What if my spouse and I have agreed to a child support amount that is different from the standard amount?

A: Spouses who both want to use a child support amount that is different from the state calculation have the option to enter that information in this portion of the interview. In order to use a different support amount, 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 your reason for using an amount different from the state calculation.

Q: How is child support calculated in Virginia?

A: 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.

Q: Will my support payments reduce when each child becomes an adult?

A: If you have more than one child, support payments will automatically reduce ("step-down") as each child reaches adulthood. The reduction is just a recalculation of the standard child support amount taking into account that fewer children are being supported. If you are not using the standard calculation, the child support is recalculated the same way, but is "stepped down" from the child support amount you enter on this page.

The step-down amount is calculated using the same percentages as a standard support amount is calculated with in Texas, which are as follows:

Q: What are acceptable factors for setting child support at an amount that is different from the guideline amount?

A: According to the Illinois Compiled Statutes:
"The guidelines shall be applied in each case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors:

• the financial resources and needs of the child;
• the financial resources and needs of the custodial parent;
• the standard of living the child would have enjoyed had the marriage not been dissolved;
• the physical and emotional condition of the child, and his educational needs; and
• the financial resources and needs of the non custodial parent.

Q: What if my spouse and I have agreed to a child support amount that is different from the standard amount?

A: Spouses who both want to use a child support amount that is different from the state calculation have the option to enter that information in this portion of the interview. In order to use a different support amount, 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 your reason for using an amount different from the state calculation.

Q: At what age does the duty to support a child cease in Indiana?

A: In Indiana, a child is legally emancipated when they become 19 years of age. (Note: Before July of 2012, the duty to support continued until the child reached 21, but that has since been changed to 19.)

However, a child may also be emancipated if they are at least 18 years of age, have not attended a secondary school for the prior four months and are not enrolled in a secondary school, and are capable of supporting himself or herself through employment. A child is may also be emancipated if they have joined the U.S. armed services, are married, or are not under the control of either parent nor of an individual or agency approved by the Court.

Q: How is child support calculated in South Carolina?

A: South Carolina courts calculate child support according to the Income Shares Model by taking into account the custodial parent's income, the non-custodial parent's income, the number of children and the division of parenting time between both parents.

See South Carolina Child Support Guidelines

Q: Will we be able to customize our documents to fit our specific custody and visitation arrangement?

A: In California, DivorceWriter accommodates parents who want to share joint legal custody while designating one parent to have primary physical custody of the children. Choose to customize as little or as much as you need:

• Create a detailed schedule for vacations, holidays, and special occasions, including beginning and end times, or choose to keep your regular schedule during those times.
• List your parenting schedule priorities to resolve potential conflicts before they arise.
• Designate the amount of time each parent will spend with the child(ren).

Q: What if we each want to have our home designated as the primary residence?

A: Even if you want to share joint physical custody with your spouse, one parent's home must be designated as the primary residence for child support purposes. If you choose the option for both parents' homes to be primary residences, then the primary residence will be with whichever parent has the greater number of overnight visits with the minor child(ren). This designation will be for child support purposes only. You will be asked to list the number of overnight visits that each parent expects to have later in this interview.

Q: What if we already have an existing order for child support, possession, and visitation in Texas?

A: The DivorceWriter Texas online interview asks about any existing orders issued by either a court or the Attorney General's office for child support, possession, and visitation for which no changes need to made in the divorce proceedings. Customers with existing orders are able to provide the name of the office or court where order was issued as well as the case or cause number of the order.

However, even if you have an existing order, you and your spouse can agree to modify the order in the divorce proceedings.

Q: We have agreed that one spouse will pay spousal support to the other. What are some options?

A: 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.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: In Alabama, reasons for deviating from the child support guidelines may include, but are not limited to, the following:

• Shared custody or extended visitation: Shared physical custody or visitation rights providing for periods of physical custody or care of children by the obligor parent substantially in excess of those customarily approved or ordered by the court.
• Visitation transportation costs: Extraordinary costs of transportation for purposes of visitation borne substantially by one parent.
• College education expenses: Expenses of college education incurred prior to a child's reaching the age of majority.
• Child assets or income: Assets of, or unearned income received by or on behalf of, a child or children.
• Best interest of the child: Other facts or circumstances that the court finds contribute to the best interest of the child or children for whom child support is being determined.

Q: How is child support calculated in New York?

A: Based on the information provided by the customer when completing the online interview, a computer generated Child Support Worksheet for New York is automatically created and sent to the customer as part of the DivorceWriter package.

Q: Will we be able to customize our documents to fit our specific custody and visitation arrangement?

A: In Florida, 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).

Q: What are the different types of custody in Massachusetts?

A: In Massachusetts, child custody arrangements are categorized under the following legal structures:

• Sole legal custody: One parent has the sole right and responsibility to make major decisions regarding the child's welfare, including matters of education, medical care, and emotional, moral, and religious development.
• Shared legal custody: Both parents have responsibility and involvement in major decisions regarding the child's welfare, including matters of education, medical care, and emotional, moral, and religious development.
• Sole physical custody: The child(ren) reside with and are under the supervision of one parent, subject to reasonable visitation by the other parent.
• Shared physical custody: The child(ren) reside with and are under the supervision of each parent in such a way as to assure the child(ren) frequent and continued contact with both parents.

Q: Will we be able to customize our documents to fit our specific custody and visitation arrangement?

A: In Massachusetts, DivorceWriter accommodates parents who want to designate one parent as the legal custodian or for parents who want to share joint legal custody. Parents can also choose to share joint physical custody of the child(ren) or designate one parent as the custodial parent, either with or without visitation for the non-custodial parent. Choose to customize as little or as much as you need:

• Customize your own schedule for weekend and weekday visitation, if any, including setting start and end times.
• Create a detailed schedule for vacations, holidays, and special occasions, or choose to keep your regular schedule during those times.
• Decide which parent will have the final say if there are disagreements about major decisions including education, non-emergency health care, and religious upbringing, and create additional decision-making rights if needed.

Q: What are the different types of custody in Alabama?

A: In Alabama, child custody arrangements are categorized under the following statutory definitions:

• Joint Custody: Joint legal custody and joint physical custody.
• Joint Legal Custody: Both parents have equal rights and responsibilities for major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training. The court may designate one parent to have sole power to make certain decisions while both parents retain equal rights and responsibilities for other decisions.
• Joint Physical Custody: Physical custody is shared by the parents in a way that assures the child frequent and substantial contact with each parent. Joint physical custody does not necessarily mean physical custody of equal durations of time.
• Sole Legal Custody: One parent has sole rights and responsibilities to make major decisions concerning the child, including, but not limited to, the education of the child, health care, and religious training.
• Sole Physical Custody: One parent has sole physical custody and the other parent has rights of visitation except as otherwise provided by the court.

Q: What if my spouse and I have agreed to a child support amount that is different from the standard amount?

A: Virginia law 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.

Q: How is child support calculated in Alabama?

A: Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is created and sent to the customer as part of the DivorceWriter package.

More information on Alabama child support is available at: Alabama Child Support

Note: Alabama law requires child support to be ordered until a child's nineteenth birthday or until the child becomes self-supporting, whichever occurs first. If a child is disabled, child support can be extended past 19.

Q: Can we specify how we will claim our child(ren) for income tax purposes?

A: 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.

Q: What are the different types of custody in Arizona?

A: In Arizona, child custody terms and statutory arrangements are defined as follows:

• "Joint custody": Means joint legal custody or joint physical custody, or both.
• "Joint legal custody": Means both parents share legal custody and neither parent's rights are superior, unless the parties choose to have one parent have superior rights regarding certain decisions such as education, religion, extracurricular activities, and other major decisions.
• "Joint physical custody": Means the physical residence of the child is shared by the parents so that the child has substantially equal time and contact with both parents.
• "Sole custody": Means the condition under which one person has legal custody.
• "Parenting time": Occurs when a parent has the right to have a child physically placed with the parent and the right and responsibility to make, during that placement, routine daily decisions regarding the child's care consistent with the major decisions made by a person having legal custody.

Q: How is child support calculated in Nevada?

A: Based on the information provided by the customer when completing this online interview, the standard child support amount is automatically calculated.

The standard calculation for Nevada is set by the Nevada legislature based on the number of children and the gross income of the parent paying support. More information on child support in Nevada is available at NAC 425.140.

Q: When does the duty to support end?

A: There is a duty to support any living children, natural or adopted by you and your spouse, that are under 18, or that are over 18, but not yet 19, and still attending high school (or a certified high school equivalency program) and any children who are mentally or physically disabled to the extent that child support should continue past the age of majority of the child.

Q: Will we be able to customize our documents to fit our specific custody and visitation arrangement?

A: In Ohio, DivorceWriter accommodates parents who want to share joint legal custody while designating one parent to have primary physical custody of the children. Choose to customize as little or as much as you need:

• Customize your own schedule for weekend and weekday visitation, if any, including setting start and end times.
• Create a detailed schedule for vacations, holidays, and special occasions, or choose to keep your regular schedule during those times.
• Decide which parent will have the final say if there are disagreements about major decisions including education, non-emergency health care, and religious upbringing, and create additional decision-making rights if needed.
• Choose for one parent to claim the child(ren) annually or alternate the right to claim the minor child(ren).

Q: What if my spouse and I have agreed to a child support amount that is different from the standard amount?

A: The court will generally allow parents to agree to an amount that is different from the child support amount under the guidelines if using the guideline amount would be "unjust or inappropriate under the circumstances." You must provide specific facts here explaining why you feel a departure from the guideline amount is justified and in the best interests of the child. If you are unable to do so, you must use the guideline amount.

Q: When can a child support order be modified in California?

A: A child support order can be modified in California if there has been:

• a significant increase or decrease in either parent's earnings;
• a change in custody or the amount of time the child spends with each parent; or
• a change in any other factor that would affect the child support guideline.

Q: Will we be able to customize our documents to fit our specific custody and visitation arrangement?

A: In Nevada, DivorceWriter accommodates parents who want to designate one parent as the legal custodian or for parents who want to share joint legal custody. Parents also choose to share joint/shared physical custody of the child(ren) or designate one parent as the primary physical custodian, either with or without visitation for the non-custodial parent. Choose to customize as little or as much as you need:

• Customize your own schedule for weekend and weekday visitation, if any, including setting start and end times.
• Create a detailed schedule for vacations, holidays, and special occasions, or choose to keep your regular schedule during those times.
• Decide which parent will have the final say if there are disagreements about major decisions including education, non-emergency health care, and religious upbringing, and create additional decision-making rights if needed.
• Choose for one parent to claim the child(ren) annually or alternate the right to claim the minor child(ren).

Q: What if my spouse and I have agreed to a child support amount that is different from the standard amount?

A: Maryland law allows for the use of a child support amount that is different from the standard amount set by the Child Support Guidelines when (1) the parties' Property Settlement Agreement has provisions that would make the guideline amount unjust or inappropriate or (2) when either spouse has other children or dependents in their household that the parent directly contributes to the support of, which would make the guideline amount unjust or inappropriate. The following are generally acceptable reasons for a child support deviation in Maryland:

• a lower support amount because the parent that pays support already has children in his or her household for whom he/she is directly supporting;
• a higher support amount because the parent who is receiving support also directly supports other children in his or her household;
• a lower support amount because the spouse who is paying support has agreed to pay debts and/or give property to the other spouse under the provisions of the Property Settlement Agreement;
• a higher support amount because the parent who is receiving support has agreed to pay debts and/or give property to the other spouse under the provisions of the Property Settlement Agreement.

Q: What if my spouse and I have agreed to a child support amount that is different from the standard amount?

A: In Kentucky, a judge may allow the parties to choose a child support amount that is different from the guidelines if using the guidelines would be unjust or inappropriate. These reasons may include, but are not limited to:

• A child's extraordinary medical or dental needs;
• A child's extraordinary educational, job training, or special needs;
• Either parent's own extraordinary needs, such as medical expenses;
• The independent financial resources, if any, of the child or children;
• Combined monthly adjusted parental gross income in excess of the Kentucky child support guidelines;
• The parents of the child, having demonstrated knowledge of the amount of child support established by the Kentucky child support guidelines, have agreed to child support different from the guideline amount. However, no such agreement shall be the basis of any deviation if public assistance is being paid on behalf of a child under the provisions of Part D of Title IV of the Federal Social Security Act; and
• Any similar factor of an extraordinary nature specifically identified by the court which would make application of the guidelines inappropriate.
  
  

Q: Will we be able to customize our documents to fit our specific custody and visitation arrangement?

A: In Colorado, parents often choose joint decision-making responsibility of the children with either (1) one parent having primary residential responsibility of the children or (2) both parents having shared residential responsibility of the children. With shared residential responsibility, the other parent has between 92 and 182 overnights with the minor children. When one parent has primary residential responsibility, the other parent has less than 92 overnights. Parents also have the option of designating one parent to have both decision-making and residential responsibility of the children. Choose to customize as little or as much as you need:

• Create a detailed schedule for vacations, holidays, and special occasions, including beginning and end times, or choose to keep your regular schedule during those times.
• List your parenting schedule priorities to resolve potential conflicts before they arise.
• Designate the amount of time each parent will spend with the children.

Q: What if my spouse and I have a combined annual income of more than $150,000?

A: The Ohio Child Support Guidelines Schedule is designed to calculate child support when the combined gross income of both parents is less than $150,000 per year. If the combined gross income of both parents is more than that amount, the court shall determine the amount of the obligor's child support obligation on a case-by-case basis using the schedule as a guideline.

For additional information, see Ohio Revised Code 3119.021 and Ohio Revised Code 3119.04.

Q: What are the different types of custody in Virginia?

A: 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.

Q: How is child support calculated in Georgia?

A: Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.

Additional information on the calculation of child support can be found at csc.georgiacourts.org

Q: We have received our documents, but have decided that we do not want any parenting time schedule. Is this possible?

A: The DivorceWriter online interview, which you completed previously, was designed to accommodate the most common parenting time (visitation) arrangements. If, after reviewing those document(s) in your DivorceWriter package that contain parenting time information, you determine that you want to add and/or delete any items, you may download the applicable document(s) in Microsoft Word and make the desired changes. Then, simply save and print your revised document(s) yourself. Note: In some states, information on parenting time is listed in the Settlement Agreement. In other states, this information is included in a separate Parenting Plan. In a few states, parenting time information may be included in both a Settlement Agreement and Parenting Plan as well as possibly in the Decree. If your state has more than one document, which contains parenting time information, be sure to make the changes in each applicable document as the information must be consistent.

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.

Q: When can a child support order be modified in Massachusetts?

A: The court can change a child support order if there is a material and substantial change in the circumstances of the parties has occurred and the modification is in the best interests of the children. Common reasons for modification of child support include a significant change in the income of either party or a significant change in the needs of the child(ren).

Q: How is child support calculated in New Jersey?

A: Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.

Additional information on the calculation of child support can be found at Child Support Guidelines.

Q: What are the different types of custody in Nevada?

A: In Nevada, "physical custody" refers to the physical care and supervision of a child. Physical custody can be joint or sole. In a joint physical custody situation, the parents often spend about the same amount of time with the child(ren) each week. However, parents can also choose joint physical custody while designating one parent as the primary physical custodian. With sole physical custody, the non-custodial parent can exercise visitation/parenting time, if desired.

In Nevada, "legal custody" refers to parental rights and responsibilities in making decisions regarding the child. There are two types of legal custody: (1) joint/shared and (2) sole. With joint/shared legal custody, both parents retain full parental rights and responsibilities and confer with each other so that major decisions affecting the welfare of the child(ren) will be determined jointly. With sole legal custody, one parent makes decisions regarding the minor child(ren) and the other parent usually, though not always, exercises some type of visitation.

Q: When can child support be modified in New York?

A: Either parent can file a petition for modification of an existing child support order if the custodial or noncustodial parent's circumstances change significantly. Examples of such changes in circumstances include loss of job and change in custody of a child.

Q: Can a child support order be modified at some point in the future?

A: Information on the child support modification process in Washington can be found here.

Q: How is child support calculated in Florida?

A: Based on the information provided by the customer when completing the Florida online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. See Florida Statute 61.30 for additional information on child support calculation in Florida.

Q: Where can I go for additional information on child support?

A: Additional information on child support is available at: RCW 26.19 and Social and Health Services.

Q: Can child support be modified after a divorce is finalized?

A: Parents can petition the court for a review and modification of their child support order at any time that they feel there is a change in circumstance. Some factors that may change a child support order are:

• Income of either parent significantly increases or decreases.
• The child now has significant or continuing medical expenses.
• Daycare and/or medical insurance changes.
• The parents are now living together.
• The child receiving support is 18 years of age and is not attending high school.
• The child starts living with the noncustodial parent or someone other than the custodial parent/plaintiff.

Q: How is child support calculated in Oklahoma?

A: Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is created and sent to the customer as part of the DivorceWriter package.

More information on child support in Oklahoma is available at the Oklahoma Department of Human Services

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: DivorceWriter shows the child support calculation using the South Carolina Child Support Guidelines.

The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Marital Settlement Agreement. The court may grant less or more support if the evidence shows that the needs of the dependent(s) require a different level of support.

Q: When does the duty to support a child cease in Colorado?

A: In Colorado, unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates without either party filing a motion when the last or only child attains nineteen years of age, unless one or more of the following conditions exist:

• Written agreement: The parties agree otherwise in a written stipulation after July 1, 1997.
• Disability: If the child is mentally or physically disabled, the court or the delegate child support enforcement unit may order child support, including payments for medical expenses or insurance or both, to continue beyond the age of nineteen.
• High school attendance: If the child is still in high school or an equivalent program, support continues until the end of the month following graduation. A child who ceases to attend high school prior to graduation and later reenrolls is entitled to support upon reenrollment and until the end of the month following graduation, but not beyond age twenty-one (Colo. Rev. Stat. § 14-10-115(13)).
• Marriage: If the child marries, the child shall be considered emancipated as of the date of the marriage. If the marriage is annulled, dissolved, or declared invalid, child support may be reinstated.
• Active military duty: If the child enters into active military duty, the child shall be considered emancipated.

Q: Is child support required in Georgia?

A: Yes. Even when parents agree to very little or no child support, courts may reject the terms because parents have a duty to support their children both before and after a divorce.

Q: What if my spouse and I have agreed to a child support amount that is different from the standard amount?

A: Courts may allow the parties to choose a child support amount that is different from the guidelines if using the guidelines would be inequitable, unjust, or inappropriate. These reasons may include, but are not limited to:

• The extraordinary medical expenses incurred for treatment of either parent or a current spouse;
• Extraordinary costs associated with parenting time;
• The gross disparity in income between the parents;
• The ownership by a parent of a substantial nonincome producing asset;
• Consistent overtime not considered in gross income; or
• Income from employment that is in addition to a full-time job or that results in the employment of the obligor more than forty hours per week or more than what would otherwise be considered to be full-time employment.

Q: When can a child support order be modified in South Carolina?

A: In South Carolina, the court shall consider the following factors when determining whether a change in circumstances has occurred that would justify a modification of an existing child support order:

• Educational expenses: Educational expenses for the child(ren) or the spouse.
• Equitable distribution: Equitable distribution of property.
• Consumer debts: Consumer debts.
• Large family size: Families with more than six (6) children.
• Extraordinary medical/dental expenses: Unreimbursed extraordinary medical or dental expenses.
• Mandatory deductions: Mandatory deduction of retirement pensions and union fees.
• Other support obligations: Support obligations for other dependents living with the noncustodial parent or non-court-ordered child support from another relationship.
• Child medical expenses: Child-related unreimbursed extraordinary medical expenses.
• Court-ordered fixed payments: Monthly fixed payments imposed by a court or operation of law.
• Child income: Significant available income of the child(ren).
• Disparity of income: Substantial disparity of income in which the noncustodial parent's income is significantly less than the custodial parent's income.
• Alimony: Alimony payments.
• Parental agreements: Agreements reached between the parties where the court determines the amount is reasonable and in the best interest of the child(ren) (S.C. Code Ann. § 63-17-470).

Q: Will we be able to customize our documents to fit our specific custody and visitation arrangement?

A: In Kentucky, DivorceWriter accommodates parents who want to designate one parent as the legal custodian or for parents who want to share joint legal custody. Parents can also choose to share joint physical custody of the child(ren) or designate one parent as the custodial parent, either with or without visitation for the non-custodial parent. Choose to customize as little or as much as you need:

• Customize your own schedule for weekend and weekday visitation, if any, including setting start and end times.
• Create a detailed schedule for vacations, holidays, and special occasions, or choose to keep your regular schedule during those times.
• Decide which parent will have the final say if there are disagreements about major decisions including education, non-emergency health care, and religious upbringing, and create additional decision-making rights if needed.

Q: Why am I being asked about children who are over 18 years of age?

A: In New York, the duty to support a child does not end until the child reaches the age of 21, unless he or she is emancipated sooner.

Additional information on emancipation is available here.

Q: What if my spouse and I have agreed to a child support amount that is different from the standard amount?

A: DivorceWriter shows the child support calculation under the guidelines using the parents' income. Then, the customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount as well a reason for using a different amount.

Q: How is child support calculated in Oregon?

A: 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.

Q: What if my spouse and I have a combined annual income of less than $6,600?

A: The Ohio Child Support Guidelines Schedule is designed to calculate child support when the combined gross income of both parents is more than $6,600 per year. If the combined gross income of both parents is less than that amount, the court shall determine the amount of the obligor's child support obligation on a case-by-case basis using the schedule as a guideline. Generally, a Child Support Worksheet will not be filed and the support calculation will be set at the hearing.

For additional information, see Ohio Revised Code 3119.021 and Ohio Revised Code 3119.04.

Q: What are the different types of custody in South Carolina?

A: In South Carolina, child custody terms are defined under the following legal concepts:

• "Legal custody" refers to decision-making authority with respect to the child(ren).
• "Physical custody" means the physical care and supervision of a child.
• "Joint Custody" means both parents come to an agreement and share legal as well as physical custody over their children and make joint decisions.

Q: What is maintenance/alimony?

A: These terms refer to spousal support paid by one spouse for the benefit of the other spouse. In uncontested divorces, spouses reach their own agreement regarding the amount of spousal support/alimony, if any, that one spouse will receive from the other.

Additional information on the duty to support is available here.

Q: What is an Income Deduction Order?

A: 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.

Q: What are the different types of custody?

A: Click here to review how the California Code defines the various custody types: leginfo.legislature.ca.gov.

Q: What if we already have an existing child support order?

A: DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you must also attach a copy of already existing child support document(s) to your Marital Settlement Agreement when you file it.

Q: Is child support required in Texas?

A: Yes. Even when parents agree to very little or no child support, courts may reject the terms because parents have a duty to support their children both before and after a divorce.

Q: How is child support calculated in Arizona?

A: Based on the information provided by the customer when completing the Arizona online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. See Child Support Guidelines and Arizona Revised Statute 25-320 for additional information on child support calculation in Arizona.

Q: When can a child support order be modified in Florida?

A: To modify child support, the party seeking the modification must prove that there has been a substantial change in circumstances. Generally, the difference between an existing monthly child support obligation and the amount provided for under the child support guidelines shall be at least 15% or $50.00, whichever amount is greater, before the court may find that the guidelines provide a substantial change in circumstances. See Florida Statute 61.30(1)(b).

Q: When can a child support order be modified in Oklahoma?

A: In Oklahoma, a child support order can be modified if there has been a material change in circumstances including, but not limited to changes in actual child care expenses, changes in medical or dental insurance, or when one of the children in the child support order reaches the age of majority or otherwise ceases to be entitled to support pursuant to the support order.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: In Oklahoma, reasons for deviating from the child support guidelines may include, but are not limited to, the following:

• Extraordinary educational expenses: Including, but not limited to, tuition, room and board, books, fees, and other reasonable and necessary expenses associated with special needs education for a child with a disability under the Individuals with Disabilities Education Act.
• Special expenses: Including, but not limited to, private school tuition, camp, music or art lessons, travel, school-sponsored extracurricular activities (such as band, clubs, and athletics), and other activities intended to enhance the athletic, social, or cultural development of a child, which are not otherwise required to be used in calculating the child support order (such as health insurance premiums and work-related childcare costs).

Q: What are the different types of custody in Oklahoma?

A: In Oklahoma, the Court may grant the care, custody, and control of a child to either parent or to the parents jointly. When the parties are able to agree, the Court generally will award custody according to their agreement as long as doing so is in the best interest of the child.

The terms joint custody and joint care, custody, and control mean the sharing by parents in all or some of the aspects of physical and legal care, custody, and control of their children.

Sole custody refers to one parent making decisions concerning the care and control of the children.

Q: We already have a child support order issued by a judge. Will we be able to keep the same amount?

A: DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you will also be expected to staple one copy of the prior child support order to each copy of the Martial Settlement Agreement you will file with the Family Court.

Q: How is child support calculated in Indiana?

A: 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.

The Child Support Rules and Guidelines can be found here.

Q: How is child support calculated in Massachusetts?

A: Based on the information provided by the customer when completing the Massachusetts online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: DivorceWriter shows the child support calculation under the guidelines using the Arkansas family support charts.

The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Property Settlement Agreement. The court may grant less or more support if the evidence shows that the needs of the dependent(s) require a different level of support.

Q: Do I have to pay income tax on spousal support payments that I receive?

A: 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.

Q: When can a child support order be modified in Minnesota?

A: A child support order may be modified in Minnesota if one or more of the following makes the terms of the order unfair:
(1) substantially increased or decreased gross income of an obligor or obligee;,
(2) substantially increased or decreased need of an obligor or obligee or the child or children that are the subject of these proceedings;
(3) receipt of assistance under the AFDC program;
(4) a change in the cost of living for either party as measured by the Federal Bureau of Labor Statistics;,br> (5) extarordinary medical expenses of the child not already considered;
(6) a change in the availability of appropriate health care coverage or a substantial increase or decrease in health care coverage costs;
(7) the addition of work-related or education-related child care expenses of the obligee or a substantial increase or decrease in existing work-related or education-related child care expense; or
(8) upon the emancipation of the child.

See Minn. Stat. 518A.39 Modification of Orders or Decrees

Q: When can a child support order be modified in Michigan?

A: Modification of a support order can by done in two ways:
You may choose to file a motion to change the support order more often than every three years if there is a substantial change in income for either party.
In public assistance cases, every 36 months the Friend of the Court does an automatic review of child support orders.

Additional information on child support modification is available at MCL 552.517.

Q: Additional Child Support Information for New York City Filers

A: Additional information on child support for customers filing for divorce in New York City is available at here.

Q: How is child support calculated in Kentucky?

A: Based on the information provided by the customer when completing the Kentucky online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. See Kentucky Revised Statute 403.212 for additional information on child support calculations.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: DivorceWriter shows the child support calculation under the guidelines using the "income shares" model.
The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Joint Petition. The court will decide whether or not to approve the deviation.

Q: We already have a child support order issued by a judge. Will we be able to keep the same amount?

A: DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you will also be expected to staple one copy of the prior child support order to each copy of the Joint Petition you will file with the Court later in the divorce process.

Q: How is spousal support/alimony calculated?

A: In uncontested divorces, spouses reach their own agreement regarding the amount of spousal support/alimony, if any, that one spouse will receive from the other.

Q: How is child support collected and disbursed?

A: Information on the collection and disbursement of child support in Michigan is available at: MCL 552.603

and www.misdu.com

Q: What is standard visitation for the noncustodial parent in Indiana?

A: The Indiana Parenting Time Guidelines set forth the standard visitation schedule for noncustodial parents in Indiana.

The Indiana Parenting Time Guidelines can be found here.

Q: Additional Information on Child Support

A: Additional information on child support is available at: www.pacode.com

Q: How is child support calculated in Texas?

A: Based on the information provided by the customer when completing the online interview, a computer generated Child Support Worksheet for Texas is automatically created and sent to the customer as part of the DivorceWriter package.

Q: When can a child support order be modified in Kentucky?

A: A child support order can be modified in Kentucky upon a showing of a material change in circumstances that is substantial and continuing. For additional information on child support modification, see Kentucky Revised Statute 403.213.

Q: How is child support calculated in Colorado?

A: Based on the information provided by the customer when completing the Colorado online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. For more information, see Colorado Revised Statute 14-10-115.

Q: What if my spouse and I have agreed to a child support amount that is different from the standard amount?

A: See Arizona Statute 25-320(D), which provides a list of 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.

Q: When can a child support order be modified in Indiana?

A: Before a child support order may be modified in Indiana, it is necessary for a party to demonstrate a substantial and continuing change in circumstances that makes the present order unreasonable or that the amount of support ordered at least twelve (12) months earlier differs from the Guideline amount presently computed by more than twenty percent (20%).

A change in circumstances may include a change in the income of the parents, the application of a parenting plan, the failure to comply with a parenting plan or a change in the expenses of child rearing specifically considered in the Guidelines. Information on the child support modification process in Indiana can be found here.

Q: Where can I find more about the required Parent Education Class?

A: Additional information on the required Parent Education Class for divorcing parents is available at: Parent Education Class.

Q: What are the different types of custody in Minnesota?

A: "Legal custody" means the right to determine the child's upbringing, including education, health care, and religious training.

"Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training.

"Physical custody and residence" means the routine daily care and control and the residence of the child.

"Joint physical custody" means that the routine daily care and control and the residence of the child is structured between the parties.

Q: When is spousal support typically granted in Texas?

A: In uncontested divorces, spouses reach their own agreement regarding the amount of spousal support/alimony, if any, that one spouse will receive from the other.

In Texas divorces where spouse are unable to reach an agreement on their own, courts generally consider awarding alimony to a spouse in situations where the couple has been married at least 10 years, as well as situations where one spouse has been convicted of a family violence crime in the last two years. In addition, the spouse receiving alimony must lack the property to provide for his or her own reasonable needs.

Q: How do I start income withholding from my income by my employer for spousal maintenance and/or child support?

A: To start income withholding, Husband or Wife must apply for income withholding services at the Child Support office in your county and must send a copy of the Court Order (last section of the Joint Petion) to the Child Support Office.

Q: What if my spouse and I have agreed to an amount different from the standard Child Support Guidelines calculation?

A: DivorceWriter completes a Georgia Child Support Worksheet based on the financial information provided by the customer in this online interview.

However, the DivorceWriter online interview accommodates customers who have already completed a Georgia Child Support Worksheet or who want to complete one using the official Georgia online calculator. If a customer selects "No" to using the standard calculation, there is a link to the calculator. The customer then has the option of using the online calculator on the Georgia site to generate and print out a Child Support Worksheet. Then, the customer enters the child support amount determined on the self-prepared worksheet as the actual amount.

Q: Where can I find more information about child support in Illinois?

A: Additional information on the calculation of child support can be found at: 750 ILCS 5/505.

Q: What if my husband is NOT the father of a child born during our marriage?

A: If the husband is NOT the father of a child born during a marriage, an Acknowledgment of Paternity must be completed and signed. The Acknowledgment of Paternity can be signed and completed at:

• a child support office
• all public and private birthing hospitals and all birthing centers
• a local Vital Statistics office (county clerk, city secretary, or local health district).

Q: Can child support be modified?

A: Yes. A child support order may be modified at any time upon the filing of a motion and a showing of changed circumstances by either party. Additional information on child support modification is available here.

Q: What if I have additional questions about child support?

A: Additional information on child support can be found at www.courtinfo.ca.gov.

Q: We already have a child support order issued by a judge. Will we be able to keep the same amount?

A: DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you must also attach a copy of already existing child support document(s) to your Settlement Agreement when you file it.

Q: When can a child support order be modified in Nevada?

A: An child support order may be reviewed at any time on the basis of changed circumstances. A change of 20 percent or more in the gross monthly income of a person who is subject to an order for the support of a child shall be deemed to constitute changed circumstances requiring a review for modification of the order for the support of a child. Additional information on child support modification in Nevada is available at: Nevada Revised Statute 125B.145

Q: What is the difference between child support and spousal support?

A: 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

Q: How is child support calculated in Minnesota?

A: Based on the information provided by the customer when completing this online interview, a computer generated Child Support Worksheet is created and sent to the customer as part of the DivorceWriter package.

The Minnesota Child Support Guidelines are available at: MN DHS Child Support Guidelines

Q: When can a child support order be modified in Colorado?

A: A child support order can be modified in Colorado if there has been a showing of changed circumstances so substantial and continuing as to make the terms of the existing child support order unfair. For additional information on child support modification, see Colorado Revised Statute 14-10-122.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Pennsylvania statute?

A: Information on using a child support amount that is different from the standard amount set by the Child Support Guidelines is available at: www.pacode.com/Deviation and www.pacode.com/Adjustments

Q: What to consider in calculating maintenance in Washington State?

A: In Washington, in uncontested divorces, spouses reach their own agreement regarding the amount of spousal support/alimony, if any, that one spouse will receive from the other. The following are common statutory factors that the court would consider in calculating alimony:

• Financial resources: Financial resources of each party.
• Earning capacity and training: Work experience and earning prospects of each spouse, including consideration for the time required for one spouse to obtain training for becoming employed or self-supporting.
• Age and health: Age and physical and emotional conditions of each party.
• Marital duration: Duration of the marriage.
• Standard of living: Standard of living established during the marriage.

Q: We have children. Can I still use DivorceWriter?

A: 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.

Q: When can a child support order be modified?

A: Either parent can ask the court to modify an existing child support order. Information on child support modification is available at Ohio Revised Code 3119.79.

Q: How is child support calculated in Louisiana?

A: Based on the information provided by the customer when completing the Louisiana online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package. See R.S. 9:315 for information on child support calculation in Louisiana.

Q: What are the different types of custody in Arkansas?

A: In Arkansas, child custody and parenting concepts are structured under the following legal frameworks:

• "Joint Legal custody" (most common): Both parents share the right and responsibility to make major decisions about the child's life, including education, healthcare, religious upbringing, and extracurricular activities.
• "Joint Physical custody" (presumed in most cases): The child spends approximately equal (or near-equal) parenting time with both parents. Arkansas defines joint custody as the "approximate and reasonable equal division of time" with the child.

Q: We already have a child support order issued by a judge. Will we be able to keep the same amount?

A: DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you must also attach a copy of already existing child support document(s) to your Settlement Agreement when you file it.

Q: We already have a child support order issued by a judge. Will we be able to keep the same amount?

A: DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you will also be expected to staple one copy of the prior child support order to each copy of the Martial Settlement Agreement you will file with the Court.

Q: What are the different types of custody in Mississippi?

A: In Mississippi, child custody concepts are defined under state law as follows:

• Physical custody: Those periods of time in which a child resides with or is under the care and supervision of one (1) of the parents.
• Legal custody: The decision-making rights, the responsibilities, and the authority relating to the health, education, and welfare of a child belong to one (1) of the parents.
• Joint physical and legal custody: Each of the parents shall have significant periods of physical custody, shared by the parents in a way so as to assure a child of frequent and continuing contact with both parents. The parties also share the decision-making rights, the responsibilities, and the authority relating to the health, education, and welfare of a child (Miss. Code Ann. § 93-5-24).

Q: We already have a child support order issued by a judge. Will we be able to keep the same amount?

A: DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you will also be expected to staple one copy of the prior child support order to each copy of the Property Settlement Agreement you will file with the Court.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: The child support portion of the DivorceWriter online interview will show you the child support calculation under the guidelines using the parents' income. Then, the customer chooses whether to use the guideline calculation or to deviate from that calculation.

Q: How is child support calculated in California?

A: DivorceWriter's automated system calculates the guideline child support amount based on the income information provided by the customer in this online interview. The customer then has the option to use the guideline child support amount or select a different amount. The child support amount will be listed on the Marital Settlement Agreement, Child Support Registry Form (FL-191) and the Income Withholding for Support (FL-195).

Q: How is child support calculated in ?

A: Based on the information provided by the customer when completing the online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.

Additional information on the calculation of child support can be found at: opens link in new tab

Q: If my county requires the appointment of a Guardian Ad Litem (GAL), where do I find a list of certified GAL's?

A: Whenever parties seeking a divorce have children, and no attorney is involved, the Chancery Court in Bolivar County, Coahoma County, Leflore County, Quitman County, Tallahatchie County, and Tunica County requires that the parties hire a guardian ad litem to represent the children's best interest. You may find a list of all certified guardian ad litems here.

Q: What are the different types of custody in Louisiana?

A: In Louisiana, child custody and parenting arrangements are defined under state law as follows:

• Physical custody means the physical care and supervision of a child.
• Joint custody often involves designating one parent as the domiciliary parent. The domiciliary parent is the parent with whom the child shall primarily reside, but the other parent shall have physical custody during time periods that assure that the child has frequent and continuing contact with both parents. If a domiciliary parent is designated, that parent shall have authority to make all decisions affecting the child. If a domiciliary parent is not designated, joint custody confers upon the parents equal rights and responsibilities.
• Shared custody is a joint custody arrangement in which each parent has physical custody of the child for an approximately equal amount of time.

Q: How is child support calculated in West Virginia?

A: West Virginia child support orders are determined according to the income shares formula: by dividing the total child support obligation between the parents in proportion to their income. The court can also take into consideration any unreimbursed child health care expenses, work-related child care expenses and any other extraordinary expenses agreed to by the parents or ordered by the court. See W. Va. Code, §§ 48-13-201 and 48-13-202.

Q: When can a child support order be modified in West Virginia?

A: Overall, if any of the factors which go into determining the child support obligation under the West Virginia income shares formula have changed to the extent that the new calculation would be more than fifteen percent more or less than the existing child support obligation amount that existing obligation can be modified.

Q: We already have a child support order issued by a judge. Will we be able to keep the same amount?

A: DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you will also be expected to staple one copy of the prior child support order to each copy of the Joint Petition you will file with the Court.

Q: We already have a child support order issued by a judge. Will we be able to keep the same amount?

A: DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you must also attach a copy of already existing child support document(s) to your Decree when you file it.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: DivorceWriter calculates the child support amount using the child support guidelines according to Wisconsin's "Percentage of Income" standard.

The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Marital Settlement Agreement. The court will decide whether or not to approve the deviation.

Q: When can a child support order be modified in Arkansas?

A: To get an order changed, the party asking for the modification must prove a material change in circumstances since the date of the original decree.

A change in gross income of the payor in an amount equal to or more than twenty percent (20%) or more than one hundred dollars ($100) per month shall constitute a material change of circumstances sufficient to petition the court for modification of child support according to the family support chart after appropriate deductions.

For more information, see Ark. Stat. Ann. § 9-14-107.

Q: What are the different types of custody in Wisconsin?

A: "Legal custody" means the right and responsibility to make major decisions concerning the child(ren), including education, health care, and religious upbringing.

"Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training.

"Physical placement" means the child is physically placed with one party, who has the right and responsibility to make, during that placement, routine daily decisions regarding the child's care, consistent with major decisions made by a person having legal custody.

"Joint physical placement" means that the routine daily care and control and the placement of the child is shared between the parties.

See Wi. Stat. 767.001 Actions Affecting the Family

Q: When can a child support order be modified in Wisconsin?

A: The court can change a child support order if there is a substantial change in the circumstances of the parties and the modification is in the best interests of the child(ren). Common reasons for modification of child support include a significant change in the income of either party or a significant change in the needs of the child(ren).

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: DivorceWriter shows the child support calculation under the guidelines using the Mississippi child support award guidelines.

The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Marital Settlement Agreement. The court may grant less or more support if the evidence shows that the needs of the dependent(s) require a different level of support.

Q: How is child support calculated in Mississippi?

A: Mississippi courts calculate child support using a percentage of income formula based on the number of children receiving support. For more information on the Mississippi child support award guidelines, see Miss. Code Ann. § 43-19-101(1).

Q: What are the different types of custody in West Virginia?

A: In joint custody, both parents come to an agreement and share legal as well as physical custody over their children and make joint decisions.

Sole custody grants one parent the right to make all legal and physical custody decisions.

Physical custody refers to the right to live with the child.

Legal custody grants one spouse the right to make any legal decisions over the upbringing of the child.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: Reasons for deviating from the guidelines may include, but are not limited to, the following:

• That the combined adjusted gross income of the parties is not within the amounts shown on the schedule in R.S. 9:315.14.
• The legal obligation of a party to support dependents who are not the subject of the action before the court and who are in that party's household.
• The extraordinary medical expenses of a party, or extraordinary medical expenses for which a party may be responsible, not otherwise taken into consideration under the guidelines.
• An extraordinary community debt of the parties.
• The permanent or temporary total disability of a spouse to the extent such disability diminishes his present and future earning capacity, his need to save adequately for uninsurable future medical costs, and other additional costs associated with such disability, such as transportation and mobility costs, medical expenses, and higher insurance premiums.

Q: We already have a child support order issued by a judge. Will we be able to keep the same amount?

A: DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you will also be expected to provide the Court with a copy of the prior child support order.

Q: We already have a child support order issued by a judge. Will we be able to keep the same amount?

A: DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you must also file a copy of already existing child support document(s) with the Family Court.

Q: How is child support calculated in Wisconsin?

A: Based on the information provided by the customer when completing the Wisconsin online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.

The Percentage of Income standard is as follows:
17% for one child
25% for two children
29% for three children
31% for four children
34% for five or more children.

Q: How is child support calculated in Arkansas?

A: Arkansas courts calculate child support by taking into account the custodial parent's net income, the non-custodial parent's net income, the number of children and the division of parenting time between both parents.

See Arkansas Child Support Guidelines.

Q: When can a child support order be modified in Mississippi?

A: The party requesting modification of a child support order must show that the application of the guidelines would be unjust or inappropriate, as determined according to the following criteria:

1) Extraordinary medical, psychological, educational, or dental expenses
2) Independent income of the child
3) The payment of both child support and spousal support
4) Seasonal variations in one or both parents' incomes or expenses
5) The age of the child, taking into account the greater needs of older children
6) Special needs that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines
7) The particular shared parental arrangement, such as where the noncustodial parent spends a great deal of time with the children thereby reducing the financial expenditures incurred by the custodial parent, or the refusal of the noncustodial parent to become involved in the activities of the child, or giving due consideration to the custodial parent's homemaking services
8) Total available assets of the custodial parent, noncustodial parent, and the child
9) Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt.

Q: When can a child support order be modified in Louisiana?

A: A judge will consider a motion to change an existing child support obligation if the financial situation of the parents causes the child support obligation to decrease or increase approximately 15%.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: In West Virginia, reasons for deviating from the child support guidelines may include, but are not limited to, the following:

• Special needs: Special needs of the child or person paying child support, including, but not limited to, the special needs of a minor or adult child who is physically or mentally disabled.
• Educational expenses: Educational expenses for the child or the parent (i.e., those incurred for private, parochial, or trade schools, other secondary schools, or post-secondary education where there are tuition or costs beyond state and local tax contributions).
• Large family size: Families with more than six children.
• Visitation travel costs: Long-distance visitation costs.
• Third-party care: The child resides with a third party.
• Support of other children: The needs of another child or children whom the person paying child support is also supporting.
• Nonrecurring or nonguaranteed income: The extent to which the income of the person paying child support depends on nonrecurring or nonguaranteed income.
• Poverty level impact: Whether the total of spousal support, child support, and childcare costs subtracted from the person paying support's income reduces that income to less than the federal poverty level, and conversely whether deviation from child support guidelines would reduce the income of the child's household to less than the federal poverty level.

Q: How is child support calculated in Wisconsin?

A: Based on the information provided by the customer when completing the Wisconsin online interview, a computer generated Child Support Worksheet is automatically created and sent to the customer as part of the DivorceWriter package.

The Percentage of Income standard is as follows:
17% for one child
25% for two children
29% for three children
31% for four children
34% for five or more children

For more information on Child Support in Wisconsin, see Department of Children and Families Percentage of Income Standard

Q: When can a child support order be modified in Idaho?

A: A child support order may be modified in Idaho upon a showing of a substantial and material change of circumstances. Idaho Code Ann. § 32-709.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: In Hawaii, spouses who both want to use a child support amount that is different from the state calculation have the option to enter that information in this portion of the interview. In order to use a different support amount, the customer can do the following:

• Select "no" to using the payment calculation;
• Enter the existing support amount in the space provided for the monthly payment amount; and
• Enter your reason for using an amount different from the state calculation.

• Extraordinary needs: Extraordinary medical or educational needs, or physical or emotional disabilities;
• Other support obligations: Other child support obligations that render the payor unable to pay the guidelines level of support;
• Income exceeding needs: A monthly income that results in a computation higher than the reasonable needs of the children; and/or
• Excessive support obligation: A total monthly child support obligation greater than 70% of the parent's net income from the guideline income table.

Q: What are the different types of custody in Utah?

A: The different types of custody in Utah are:

Joint Legal Custody-both parents make joint decisions about major issues affecting the children. Joint legal custody does not affect the children's physical residence.

Joint Physical Custody-the parties share physical time with the children, who live in both homes.

Sole Legal Custody- one parent has the sole right and responsibility to make major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development.

Sole Physical Custody- the child(ren) reside with and are under the supervision of one parent, commonly subject to reasonable visitation by the other parent.

Q: Can we use DivorceWriter if one spouse is pregnant?

A: You can use DivorceWriter when a spouse is pregnant, although the forms will need to be self-customized to reflect the pregnancy and, if applicable, inform the court that there is uncertainty regarding paternity. General information concerning pregnancy and divorce is available here.

Q: How is child support calculated in Rhode Island?

A: Rhode Island has adopted the income shares model to determine the weekly child support order. It is based upon the philosophy that children are entitled to the standard of living based upon both parents' monthly income.

Q: What are the different types of custody in Alaska?

A: In Alaska, there are four different types of custody:

1. Primary Physical Custody - when the child(ren) live with one parent more than 30% of the year, which comes out to 110 or more overnights and the other parent less than 30% of the year, or 110 or fewer overnights.
2. Shared Physical Custody - when the child(ren) live(s) with each parent at least 30% of the year (at least 110 overnights with each parent).
3. Divided Custody - One parent has primary physical custody of one or more children of the relationship and the other parent has primary custody of one or more other children of the relationship, and the parents do not have shared physical custody of any of their children.
4. Hybrid Custody - The parents have primary physical custody of some of their children and shared physical custody of other of their children.

Q: Where can I find language pertaining to R.C. 3119.22 and 3119.23 in my documents?

A: The Separation Agreement is a document that must be signed by both spouses. Article Four of the Separation Agreement contains provisions concerning child support including:

1. The deviated amount of child support that the parties have agreed upon;
2. The amount of child support that the obligor parent would have been obligated to pay under the standard child support guidelines;
3. A statement of the cash medical support amount; and
4. A paragraph explaining that the parties have agreed and the court so finds that the guideline amount is unjust or inappropriate and not in the best interest of the child. The information explaining the reason for the deviation provided by the customer in the DivorceWriter online interview is automatically transferred to that portion of the child support paragraph.

Q: I have been advised that FC Sec. 5616 is missing from my documents. What do I do?

A: All California Marital Settlement Agreements in cases involving children now include the following FC 5616 language in the child support section: In the event that there is a contract between a party receiving support and a private child support collector, the party ordered to pay support must pay the fee charged by the private child support collector. This fee must not exceed 33 1/3 percent of the total amount of past due support nor may it exceed 50 percent of any fee charged by the private child support collector. The money judgment created by this provision is in favor of the private child support collector and the party receiving support, jointly.

Q: What are the different types of custody in North Dakota?

A: The different types of custody in North Dakota are:

Joint Legal Custody--both parents have responsibility and involvement in major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development.d

Joint Physical Custody-the child(ren) reside with and are under the supervision of each parent in such a way as to assure the child(ren) frequent and continued contact with both parents.

Sole Legal Custody- one parent has the sole right and responsibility to make major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development.

Sole Physical Custody- the child(ren) reside with and are under the supervision of one parent, commonly subject to reasonable visitation by the other parent.

Q: What if we have a child who is under 21, but he or she is emancipated?

A: If you live in New York and the only children of the marriage are either over 21 or are emancipated adults under the age of 21, the customer may select a no children divorce. However, the Complaint, Affidavit of Plaintiff, Affidavit of Defendant, Findings of Fact and Judgment all state that there are no children of the marriage under the age of 21 and each document will need to be self-customized by the customer to reflect that while there are children under the age of 21, there are no unemancipated children under the age of 21.

Q: What is an ATLAS number?

A: ATLAS stands for "Arizona Tracking and Location Automated System." Every divorce case involving child support is assigned a ATLAS number. If you do not know your ATLAS number, contact the Department of Child Support Enforcement (DCSE) Customer Service line at 602-252-4045 to obtain the ATLAS number assigned to your case.

Q: Where do I obtain a Case Identifier for the Income Withholding for Support?

A: The Court Clerk in your county should be able to provide you with the Case Identifier and the Order Identifier for the Income Withholding for Support . If the Court Clerk will not provide you with this information, contact the California State Disbursement Unit (SDU) for this information. In California, the SDU is responsible for the collection and disbursement of all employer child support wage withholding payments. If you need assistance, you may contact the SDU at (866) 901-3212. In the alternative, you may wish to contact your Local Child Support Agency (LCSA) for assistance.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: In Connecticut, DivorceWriter shows you the child support calculation under the guidelines using the parents' income. Then, the customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount as well as a reason for using a different amount. Factors that courts will consider in determining whether a deviation from the guideline support amount is acceptable include:

• Financial resources: Financial resources available to one parent that are not included in the definition of net income, but could be used by such parent for the benefit of the child or for meeting the needs of the parent.
• Extraordinary child expenses: Extraordinary expenses for care and maintenance of the child.
• Extraordinary parent expenses: Extraordinary expenses incurred by one parent that are not considered allowable deductions from gross income, but which are necessary for the parent to maintain a satisfactory parental relationship with the child, continue employment, or provide for the parent's own medical needs.
• Needs of other dependents: Needs of a parent's other dependents.
• Total family support and tax considerations: Consideration of total family support, property settlement, and tax implications when such considerations will not result in a lesser economic benefit to the child.

Q: What if neither spouse has custody of the child(ren)?

A: For mandatory sections like custody and parenting time, selections must be made to complete DivorceWriter's online interview. Once the customer receives their document package, the applicable forms may be downloaded in Microsoft Word and self-customized as needed.

Q: We already have a child support order issued by a judge. Will we be able to keep the same amount?

A: DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you must also attach a copy of already existing child support document(s) to your divorce documents when you file them.

Q: When can a child support order be modified in Delaware?

A: A child support order may be modified in Delaware if two-and-a-half years or more has passed since the last child support order, or if there has been a substantial change in circumstances.

Q: Where do I find a Child Custody Affidavit pursuant to R.C. 3127.23?

A: In 2010, the Ohio Supreme Court enacted uniform domestic relations forms. One such form is the Parenting Proceeding Affidavit, which is a uniform Child Custody Affidavit that is now acceptable for use in all 88 Ohio counties to satisfy the requirements of R.C. 3127.23.

Q: What is the home state of the children under UCCJEA?

A: While you are entitled to file for divorce in any state where the residency requirements and grounds are met, filing for divorce in a different state than where the minor children reside can cause complications because the court lacks jurisdiction to set child custody and parenting time under the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. In other words, if you want to have the court issue an order as part of the divorce concerning custody and parenting time, it usually can't be done in a state other than the state where the children live. However, if you and your spouse already have a court order in another state concerning custody and parenting time, or if you have an informal agreement on those matters and are not concerned about resolving those issues through the divorce, it may not be a problem.

The UCCJEA is federal legislation adopted in all states except Massachusettes that vests exclusive and continuing jurisdiction to set child custody with the courts in the 'home state' of the child. The 'home state' is the state where the child has lived for six (6) consecutive months (or since birth for children younger than six months) before the divorce is filed. If the child has not lived in any state for at least six months when the divorce is filed, then a jurisdiction that has had both 'significant connections' with the child and at least one parent, and where there is also 'substantial evidence concerning the child's care, protection, training, and personal relationships,' may assume child custody jurisdiction. If more than one state meets the 'significant connections' and 'substantial evidence' requirement under UCCJEA, the courts of those states must communicate and determine which state has the most significant connections to the child.

Because of the UCCJEA, it is generally easier to file for divorce in the state where the child(ren) have lived for at least six months, or in the alternative, in the state where the children currently live and the 'significant connections' and 'substantial evidence' requirements set forth above can be met. Note that when the minor children reside in a foreign country, the matter of child custody jurisdiction can be complicated further. You may wish to contact an attorney for additional information.

In the alternative, if you wish to proceed with a divorce in a state different than where the children are located, it may be easier to log back in to your DivorceWriter account and select "no minor children" on the first page of the online interview. This will result in you receiving documents for a divorce without children. Then, carefully review all documents and revise the portions that state there are no minor children to instead list the names, dates of birth, and current physical address of each child as well as the length of time the child(ren) have been at that address. The terms of any existing court orders concerning the children should be explained in the same sections where the information on the children is listed and a copy of the order should be attached to the divorce petition when it is filed.

Q: Do I include minor children if we don't have contact?

A: Yes. If both spouses are the parents to the minor child, they are included in the divorce. However, filing for divorce in a different state than where the minor children reside can cause complications because the court lacks jurisdiction to set child custody and parenting time under the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA.

If you and your spouse already have a court order in another state concerning custody and parenting time, or if you have an informal agreement on those matters and are not concerned about resolving those issues through the divorce, it may not be a problem.

In the alternative, if you wish to proceed with a divorce in a state different than where the children are located, it may be easier to log back in to your DivorceWriter account and select "no minor children" on the first page of the online interview. This will result in you receiving documents for a divorce without children. Then, carefully review all documents and revise the portions that state there are no minor children to instead list the names, dates of birth, and current physical address of each child as well as the length of time the child(ren) have been at that address. The terms of any existing court orders concerning the children should be explained in the same sections where the information on the children is listed and a copy of the order should be attached to the divorce petition when it is filed.

Q: How is child support calculated in North Dakota?

A: The child support amount in North Dakota is based on a percentage of the non-custodial parent's income and the number of children they are supporting.

Q: What are the different types of custody in Vermont?

A: In Vermont, child custody and physical arrangements are defined under state law as follows:

• Physical custody means keeping the children overnight. The parent having physical custody for the greater period of time shall be considered the custodial parent.
• Split custody means that each parent has physical custody of at least one of the children.

Q: How is child support calculated in Utah?

A: Child support in Utah is calculated by using a formula established by the Utah State Legislature. Things that are considered in determining the amount of child support payments include: each parent's income, the child's needs, the number of children needing support and other factors.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: DivorceWriter shows the child support calculation under the Rhode Island child support guidelines.
The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Marital Settlement Agreement and/or Child Support Worksheet. The court will decide whether or not to approve the deviation.

Q: What if none of the children conceived or born during the marriage are the children of both spouses?

A: The DivorceWriter online interview is designed for situations where at least one child born during the marriage is the child of both spouses. This is because our automated system requires the customer to enter at least one child's name as well as information concerning custody and parenting time preferences, all of which may by inapplicable if one spouse is not the parent of any of the minor children born during the marriage. When no minor children are common to both spouses, the customer must still enter "dummy information" in the child's name portion as well as complete the custody and parenting time section in order to complete the interview without errors and receive a document package. Note that entering no income information in the child support section should not create an error, but will still result in a minimum child support amount being calculated.

By entering "yes" to having minor children, the customer will receive a Florida Petition for Dissolution that includes a section for listing children born during the marriage that are the biological children of only one spouse. However, the customer will also have to self-customize applicable DivorceWriter forms by downloading them in Microsoft Word to change the sections where the erroneous "dummy information" transferred by our automated system has caused the forms to be incorrect. Namely, this means moving children's names to the correct section and replacing the current language in the child support, child custody and parenting time sections to reflect that those portions are inapplicable because the other spouse is not the parent of the children. While you should be prepared to file the UCCJEA form, you should not need to file the Parenting Plan or any separate child support documents.

Q: What if our combined income exceeds $150,000?

A: The Ohio basic child support schedule is used by all Ohio courts and child support enforcement agencies when calculating the amount of child support to be paid pursuant to a child support order, unless the combined gross income of the parents is less than $6600 or more than $150,000, in which the Court may adjust child support accordingly.

Q: What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?

A: In South Dakota, according to S.D. Codified Laws § 25-7-6.10, a different child support amount than the standard amount under the South Dakota guidelines shall be considered upon any of the following factors:

• Income of subsequent spouse or third party: The income of a subsequent spouse or contribution of a third party to the income or expenses of that parent, but only if the application of the schedule works a financial hardship on either parent.
• Financial condition causing inequity: Any financial condition of either parent which would make application of the schedule inequitable. If the total amount of the child support obligation, including any adjustments for health insurance and childcare costs, exceeds fifty percent of the obligor's monthly net income, it is presumed that the amount of the obligation imposes a financial hardship on the obligor. This presumption may be rebutted based upon other factors set forth in this section.
• Special needs of the child: Any necessary education or healthcare special needs of the child.
• Agreements between parents: The effect of agreements between the parents regarding extra forms of support for the direct benefit of the child.
• Obligation to subsequent children: The obligation of either parent to provide for subsequent natural children, adopted children, or stepchildren. However, an existing support order may not be modified solely for this reason.
• Unemployment or underemployment: The voluntary and unreasonable act of a parent which causes the parent to be unemployed or underemployed, unless the reduction of income is due to incarceration.

Q: How is child support calculated in Delaware?