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Uncontested VS Contested Divorce in Pennsylvania
Basing on Fault and No-fault grounds, divorce in Pennsylvania can be contested or uncontested.
A contested divorce means a traditional one when the spouses are represented by their lawyers. The typical contested divorce case is rather complicated due to its initial causes and circumstances, so it usually involves a long litigation process, multiple court hearings, and interviews. A contested divorce can last a year or more, and its average cost is about $20,000.
So it's not surprising that when the situation allows a different option and avoid time-consuming trials, custody battles, and huge expenses, people typically file for an uncontested divorce. Such a process costs much less and can be obtained in 4 months.
Uncontested Divorce in Pennsylvania
Uncontested divorce is when the spouses’ intention to end their marriage is mutual and neither has any serious complaints. It is important for the couple to be able to reach an agreement in all aspects of their divorce from property division to custody issues.
Uncontested divorce can often be easily managed without an attorney. If the spouses are organized and careful, they can make a successful settlement agreement by themselves. It should provide the convenient conditions of the post-divorce life for each party.
Uncontested divorce is quite a non-stressful proceeding, which includes only one court hearing (the final hearing). An uncontested divorce doesn’t imply judicial interviewing of children and long disputes, so it has less of an impact on you and your family’s emotional condition. The financial side is also attractive as you can save thousands of dollars on attorney fees.
Grounds for Divorce in Pennsylvania
To get a divorce in Pennsylvania, you have to indicate the cause of the separation. Pennsylvania laws recognise both Fault and No-fault grounds for divorce. Fault grounds mean that one spouse accuses the other of some misconduct, and No-fault grounds indicates that there a conflict of interest and the mutual desire to terminate the marriage.
Fault grounds for divorce in Pennsylvania include:
Adultery;
Cruelty and domestic violence;
Bigamy;
Imprisonment for at least 2 years;
Abusive conduct that makes marital life unbearable;
Abandonment for at least 1 year (without any reasonable cause).
No-fault grounds for divorce in Pennsylvania include:
Mutual consent (agreed desire to divorce, without any explanations);
Irretrievable breakdown of marriage (if you lived apart for at least 2 years).
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Pennsylvania Residency Requirements to File for Divorce
Residency requirements for divorce in Pennsylvania are quite typical. To file a Petition for divorce in a certain Pennsylvania court you or your spouse must be a “bona fide” resident of Pennsylvania for 6 months or more. “Bona fide” residence means that the person permanently lives in the state and is going to live there and hereinafter.
Although there is no difference whether a Petitioner or the Respondent is a resident of Pennsylvania, most divorces in the US are filed in the Petitioner’s county and state.
How to File for an Uncontested Divorce in Pennsylvania
In order to obtain an uncontested divorce in Pennsylvania, you must meet the relevant residency requirements and indicate your divorce case as no-fault and agreed (mutual consent).
Next, there are 5 basic steps that you must take to get a divorce:
Make a settlement agreement. You can negotiate with your spouse to sort out all the details of your case before or after filing for divorce, but if you prepare it earlier, your divorce may take less time.
File a divorce Petition under a no-fault ground.
Serve your spouse with the paperwork. Both you and your spouse have to fill out an Affidavit form, to show that you agree on all the divorce issues.
After the Affidavits are submitted to the court, the “cooling-off” period begins. It is 90 days in Pennsylvania before the final court hearing can be scheduled. You can use this time to make an agreement, attend mediation sessions, and so on.
Attend the final hearing. If the court approves your case, the divorce can be finalized soon after the waiting period has passed. Attend the short final hearing and get copies of the final Divorce decree.
Do-It-Yourself Divorce in Pennsylvania
If your divorce case is uncontested, you may be a good candidate for a DIY divorce, which means a divorce process without the help of an attorney.
You should complete all the steps mentioned above. However, note that a do-it-yourself divorce demands you to be responsible and organized. You should learn the state family laws and county court requirements to be confident in what forms are needed to be filled out in your certain case.
If you have children or lots of assets and real property, it may complicate your case, even if you and your spouse negotiate in a civilized and constructive manner. You can always attend several mediation sessions or even hire a lawyer for a specific part of your agreement (for example, to calculate children support or to settle custody issues).
How Much Does an Uncontested Divorce Cost?
As the filing fee and other court fees vary widely according to the county in Pennsylvania, the whole cost of your uncontested DIY divorce can range from $300 to $2,000.
Mediation sessions can cost you about $6,000 (the mediator’s fee is charged hourly, so it depends on how many sessions you need).
An uncontested divorce with a lawyer’s help may cost about $10,000.
How Long Does It Take to Get Divorced in Pennsylvania?
The average time for an uncontested divorce in Pennsylvania is about 4 months. This term (as for “mutual consent” case) is determined by the long “cooling-off” period, that lasts 90 days in Pennsylvania. The cooling-off period is the time between filing a Complaint and attending the final hearing.
On the other hand, an average contested divorce proceeding in Pennsylvania usually lasts about one year.
How to Serve Your Spouse in Pennsylvania
There are three ways how to serve your spouse with the divorce documents. All of them involve a third party, so note that you are not allowed to hand the documents personally.
Service by sheriff. You can request it when filing a petition in court. You should pay a fee, and the sheriff will hand the copies to your spouse. The sheriff claims that your spouse was served with the special paper called “return of service”.
Private process service. There are special private process service companies for such cases. But any of your relatives or friends who are over the age of 18 can serve your spouse with the documents. It must be done face-to-face and you must be provided with an Affidavit of Service (as proof that the job is completed).
Certified mail. This method is suitable if your spouse lives far from you. Note that the postman must hand-deliver the envelope to your spouse and get their signature on the receipt.
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Documents You Need to Get a Divorce in Pennsylvania
If you have some complicated divorce issues you may need to complete several additional forms, but below is a basic set of forms you need to fill out for any uncontested divorce case.
Notice to Defend, Complaint and Verification (Form 1).
Notice to Defend implies the standard information needed when a document is filed in court in Pennsylvania. Complaint is a request to get a divorce and Verification states that your information is correct.
Acceptance of Service (Form 3a).
This form is needed to show that the Defendant (Respondent) is aware that a complaint has been filed, and that they were served with the necessary paperwork.
Affidavit of Consent (Form 5a and 5b).
This form must be filed within 30 days after it was signed. It verifies that everything filed is true.
Waiver of Notice (Form 6a and 6b).
Transmit Record (Form 12).
This form is a request for the divorce to be entered into record.
Divorce decree (Form 13).
You must provide the court with a self-addressed and stamped envelopes so that the court could mail you a copy of the final divorce decree.
Online Divorce in Pennsylvania
Though online divorce is not allowed in Pennsylvania, you still can use the help of online documentation services like ours to get all the necessary forms for your uncontested divorce. It is a good idea if you want to save time and share the responsibility (so that you do not have to fill out the documents again if you do something wrong).
After a short online interview, you can obtain your unique packet of documents that fit your individual circumstances at a reasonable price. You can also get online support.
Rules for Child Support and Visitation in Pennsylvania
Pennsylvania law is aimed to ensure the "best interests of the child". This implies close contact with both parents and the involvement of each of them in the upbringing process. Though the law assumes both the role of a custodial and non-custodial parent, there is a legal presumption that both parents have equal rights to the child. Also, the new law includes a gender-neutrality provision that claims that both parents can be equally competent caregivers. There is an opportunity of joint custody if it so.
State law doesn’t imply any special strict rules on visitation, so each case is considered separately by the court. Unless any dangerous issue exists, all non-custodial parents are allowed to use their parenting time more or less. Even parents who have a history of alcohol/drug abuse can have visitation rights. But in such cases, it will be supervised visitation.
Child support in Pennsylvania is a payment to help with the expenses of raising the children, which is calculated and ordered by the court. The support amount is calculated according to a formula that takes into account the income of each parent, healthcare and everyday expenses, and other reasonable needs of the child. Once the support amount is calculated, the judge must review it every 4 years.
Rules for Spousal Support in Pennsylvania
Spousal support in Pennsylvania is financial support from the spouse who has a higher income, to the other. It is paid while the divorce is in progress.
And support that is paid after the divorce is referred to as alimony in Pennsylvania.
Pennsylvania laws don’t provide the special formula for alimony calculation, but there is a long list of factors that must be considered by courts at the time of ordering an alimony.
Also, the alimony order can be changed when the spouse’s financial circumstances change.
Division of Property in Pennsylvania
Pennsylvania is one of the equitable distribution states. This implies that during the divorce, all marital property is divided in an "equitable”, but not “equal” way. The court tries to consider a lot of important factors to divide the property fairly. Sole property is not divided. The main step is to make your separation agreement and to distinguish between separate and marital property.
Marital property includes:
All the property that is acquired and earned by each of the spouses during the marriage. There is no difference in whose name it is registered under.
Gifts from one spouse to the other, if they were acquired with marital money.
Businesses and retirement payments (if acquired in family life).
Sole property includes:
All the property acquired prior to marriage.
Property acquired in exchange for property acquired prior to marriage.
Note that one spouse’s gifts and inheritances in certain cases can be defined as both sole and marital property as well.
Division of Debt in Pennsylvania
In Pennsylvania, debt is part of property. As a result, debts are also defined as marital or separate and are divided under the same principles as property. The judge should consider every case as unique, according to factors such as the length of marriage, income of both spouses, their marital history, contribution of each spouse to the other’s earning potential, the character of the custody agreement if any, and so on.
Divorce Mediation in Pennsylvania
Divorce mediation became popular in Pennsylvania since a “no-fault” kind of separation was added to divorce laws. It inspired a lot of people to get a divorce without long trials, and spouses began to communicate directly to each other, and not through their attorneys. Mediation revealed itself as an alternative way to resolve some of the most difficult issues of the divorce case.
During the mediation session, the spouses negotiate with the help of an impartial third party. The mediator helps to make a Separation Agreement with no personal preferences to one of the spouses. The aim of mediation is to seek a mutually profitable and convenient compromise.
Mediation is not compulsory in Pennsylvania. Usually, the couple attends the orientation session to understand whether they are interested in it, and the mediator has a chance to explain how it can help to deal more effectively with your agreement. In other words, mediation is a type of therapy than legal assistance.
When you want to get divorce, but have no idea where your spouse is, you can file for divorce by publication. However, it is not so easy in Pennsylvania, so you should take certain steps:
You must first convince the judge that you really cannot find your spouse and you should conduct a so-called Diligent search. This process includes checking your spouse’s addresses, voter registration records, tax rolls, driver’s license records and other. You can also ask friends, relatives and former employers.
Then, complete an Affidavit of Diligent Search and notarize it. This paper proves all the attempts you made to look for your spouse.
File a Motion for service by publication. The court considers both documents, and the court clerk issues an Order of publication.
The notice about your case must be published in the local newspaper (in the last known place of your spouse’s residence), under the rubric of Legal Notices.
If there is still no answer, the court will review your petition and grant you the divorce by default.
Default Divorce
The most common circumstances of getting a divorce by default are described above when one of the spouses doesn’t respond to the petition and there is no way to locate them.
But it so happens that the respondent just fails to attend the court hearing for some other reasons. In that case, a default divorce can still be granted.
Note that in case of default divorce, the judge decides that as the respondent ignores court appearances, there is no reason to take into account their interests. The default divorce only considers the Petitioner’s demands & requests.
Annulment of Marriage in Pennsylvania
Annulment differs from divorce in that it cancels a marriage, as if it never happened. Spouses do not need to make a separate agreement or allocate responsibilities.
In Pennsylvania, there are two types of grounds to annul a marriage. The state’s law names these grounds as void and voidable marriage.
Void marriages are not legal and prohibited by law. However, the change of circumstances (if the main issue is resolved) can make a void marriage valid. Among void marriages are bigamous or polygamous marriages, underage marriages (under the age of 18), mental incapacity, or incompetence.
Voidable marriages are those that are originally valid but can become void under some circumstances. These grounds can be waived too. Among voidable marriages are underage marriage (under the age of 16), intoxicated marriage under the influence of alcohol or drugs (must be annulled within 60 days), fraud marriage, or if a spouse is unable to have sexual intercourse.
Legal Separation in Pennsylvania
There is no such concept as Legal Separation in Pennsylvania. If you don’t live together and don’t want to remain married, divorce is the only way to terminate a marriage in Pennsylvania.
To prepare for your future separation, lawyers advise to stop living together before filing a Petition, and to make common acquaintances known about your intentions.
Same-Sex Divorce in Pennsylvania
Pennsylvania legally recognized same-gender marriages in May 2014. This made it the last state of the Northeast region to allow same-sex couples to marry legally.
Fortunately, after the Supreme Court ruling in 2015, same-sex marriage was placed in an equal position as heterosexual marriage in all US states. All the courts must provide the same services based on the same rules and laws for all people who wish to get married or divorced.
Military Divorce in Pennsylvania
The grounds and rules for military divorce are the same as for civil divorces. The Petitioner must serve the Respondent with all the necessary paperwork for divorce and the Respondent must answer the Petition.
However, there are laws that protect an active duty military members against a divorce by default. According to the Soldiers and Sailors Civil Relief Act , the divorce proceeding can be postponed for the time an active military member is on duty plus an additional 60 days after that. However, if a military spouse wants to get a divorce as soon as possible, this opportunity to postpone a divorce process can be waived by them.
How to Divorce a Spouse in Jail in Pennsylvania
Generally, the incarceration (for two years or more) is one of the legal fault grounds for divorce in Pennsylvania.
When the inmate’s sentence is less than two years or you agree to get a no-fault divorce, the divorce proceeding can still be ordered without a hearing. Such divorce case can take about 90 days from the time the Petition is filed. Furthermore, you must live separately for two years before the divorce starts.
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Pennsylvania Divorce Filing Fee
Court filing fees are in addition to the cost of using DivorceFiller.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.
Can a Filing Fee Be Waived?
As in other states, you can file a request to waive the filing fee in Pennsylvania. You must file a special form (Petition to Proceed In Forma Pauperis and Affidavit and Order) and prove to the judge that you are really in a financial hardship.
How We Can Help
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We prepare all the required paperwork that need to be filed with the court accurately and on time. You can rest assured that your documents are approved by the court.
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it is not affiliated. Company is not responsible for and does not endorse or accept any responsibility for the
availability, contents, products, services or use of any Third Party Site, any website accessed from a Third
Party Site or any changes or updates to such sites. Company makes no guarantees about the content or quality
of the products or services provided by such sites. Company is not responsible for webcasting or any other form
of transmission received from any Third Party Site. Company is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Company of the Third Party Site, nor does it imply that
Company sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name,
registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party
Site and agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with
a third party. You should contact the site administrator for the applicable Third Party Site if you have any
concerns regarding such links or the content located on any such Third Party Site.
7. DISPUTE RESOLUTION BY BINDING ARBITRATION.
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at
877-483-0117. In the unlikely event that the Company Customer Care Center is unable to resolve
your complaint to your satisfaction (or if Company has not been able to resolve a dispute it has with you
after attempting to do so informally), we each agree to resolve those disputes through binding arbitration
or in small claims court rather than in a court of general jurisdiction.Arbitration is less formal
than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury,
allows for more limited discovery than a court does, and is subject to very limited review by courts.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and
class actions are not permitted. While in some instances, upfront costs to file an arbitration
claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000,
Company will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from
Company to the same extent or more as you would in court. The arbitrator shall apply the same limitations
period that would apply in court.
Under certain circumstances (as explained below), Company will pay you more than the amount of the
arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the
arbitrator awards you an amount greater than what Company offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
Arbitration Agreement:
(a) Company and you agree to arbitrate all disputes and claims between us before a single arbitrator.
The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted.
It applies, without limitation, to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract,
tort, statute, fraud, misrepresentation, or any other legal theory;
claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member
of a certified class;
and claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to " Company," "you," and "us" include our
respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders,
predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or
beneficiaries of services or products under these Terms or any prior agreements between us.
Beneficiaries include, but are not limited to, spouses, children, dependents, or others named in divorce
documents.
Notwithstanding the foregoing, either party may bring an individual action in small claims court.
This arbitration agreement does not preclude your bringing issues to the attention of federal,
state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by
jury or to participate in a class action. These Terms evidence a transaction or website use in interstate
commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this
provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute
("Notice") to the other party. A Notice to Company should be addressed to: Notice of Dispute, General Counsel,
Divorce Filler LLC, 16192 Coastal Highway,
Lewes, DE 19958 (the "Notice Address"). The Notice must (a) describe the nature and basis of the
claim or dispute and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an
agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an
arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you
shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or
Company is entitled.
(c) After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly
reimburse you for your payment of the filing fee, unless your claim is for more than $75,000.
(Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by
the arbitration provider. If you are unable to pay this fee, Company will pay it directly after receiving
a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules
(the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, for all
claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000,
and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the
AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide,
except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and
the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Company and
you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the
basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established
by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by
telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right
to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for
preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any
dispute or claim to which Company was a party. Except as otherwise provided for herein, Company will pay
all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the
notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the
relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set
forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA
Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise
your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief
valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed
by the AAA rules.
(d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim,
the arbitrator issues you an award that is greater than the value of Company's last written settlement
offer made before an arbitrator was selected, then Company will:
pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater;
and pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses
(including expert witness fees and costs), that your attorney reasonably accrues for investigating,
preparing, and pursuing your claim in arbitration (the "attorney's payment").
If Company did not make a written offer to settle the dispute before an arbitrator was selected, you and your
attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the
arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to
the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any
time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling
on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the
value of Company’s last written settlement offer, the arbitrator shall include in his or her calculations
only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration
proceeding before Company’s settlement offer.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's
fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under
applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you
may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may have a
right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, Company will
not seek such an award for claims under $75,000.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only
to the extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE
THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS
OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY
GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than
one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
The arbitrator may award any relief that a court could award that is individualized to the claimant and
would not affect other customers. Neither you nor we may seek non-individualized relief that would affect
other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's
limitations as to a particular claim for relief, then that claim (and only that claim) must be severed
from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party
may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty
(30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed
during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules.
The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of
the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding,
subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any
future change to this arbitration provision (other than a change to any notice address, website link or
telephone number provided herein), that change will not apply to any dispute of which we had written notice
on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such
termination will not be effective until at least thirty (30) days after written notice of such termination
is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
8. Additional Terms. Some Company Services may be subject to additional posted guidelines, rules or
terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement
to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the
Additional Terms will control for that Service, unless the Additional Terms expressly state that these
Terms of Use will control.
9. Reviews, Comments, Communications, and Other Content. At various locations on the Site or through
Applications, Company may permit visitors to post ratings, reviews, comments, and other content
(the "User Content"). Contributions to, access to and use of the User Content is subject to this
paragraph and the other terms and conditions of these Terms of Use.
Rights and Responsibilities of Company.
Company is not the publisher or author of the User Content. Company takes no responsibility and assumes no
liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Company takes reasonable steps to maintain
security. If you have reason to believe system security has been breached, contact us by email for help.
If Company’s technical staff finds that files or processes belonging to a member pose a threat to the proper
technical operation of the system or to the security of other members, Company reserves the right to delete
those files or to stop those processes. If the Company technical staff suspects a user name is being used
by someone who is not authorized by the proper user, Company may temporarily disable that user's access in
order to preserve system security. Company will attempt to contact the member as soon as feasible.
Company has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove,
re-categorize to a more appropriate location or otherwise change any User Content.
Company may post User Content on any of our family of sites and User Content on this site may have been collected
from any of our family of sites.
Rights and Responsibilities of Company Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that
you post or transmit using any Company service that allows interaction or dissemination of information.
In posting User Content, you agree that you will not submit any content:
that is known by you to be false, inaccurate or misleading;
that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy. Please see Compliance with Intellectual Property Laws below;
that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing
export control, consumer protection, unfair competition, antidiscrimination, or false advertising).
Please see Compliance with Export Restrictions below;
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously
biased or offensive, unlawfully threatening or unlawfully harassing, invades another’s privacy, or advocates or
encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
that includes advertisements, spam, or content for which you were compensated or granted any consideration
by any third party;
that includes information that references other websites, addresses, email addresses, phone numbers,
or other contact information;
that promotes or provides instructional information about illegal activities, or promoting physical harm or
injury against any group or individual;
that displays nudity or pornographic material of any kind, or material that exploits children under 18 years of age;
that contains any computer virus, worms, or other potentially damaging computer programs or files;
do or say anything to injure or cause harm others;
that otherwise violates these Terms of Use.
Attorneys that submit User Content and provide advice do so at their own risk.
Under United States federal law, you retain copyright on all works you create and post as User Content,
unless you choose specifically to renounce it. In posting a work as User Content, you authorize other
members who have access to that service to make personal and customary use of the work, including creating
links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such
dissemination.
You grant Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify,
delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or
incorporate such content into any form, medium, or technology throughout the world without compensation to you.
You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of Company. Company permits anonymous or
pseudonymous accounts. Any user may request that such member's email address be hidden to provide for additional privacy.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that Company may use your
email address to contact you about the status of your review and other administrative purposes.
10. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH
YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
(B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE
BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED
THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON
THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR
OWN RISK. COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
NOTWITHSTANDING THE ABOVE, COMPANY OFFERS A GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE
HERE.
THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS OR
WHERE OTHERWISE PROHIBITED BY LAW.
11. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD COMPANY AND ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS
INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY
DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES,
RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS
PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR
THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
12. Unsolicited Submissions. Except as may be required in connection with your use of Company Services,
Company does not want you to submit confidential or proprietary information to us through this Site or any
Applications. All comments, feedback, information or material submitted to Company through or in association
with this Site shall be considered non-confidential and Company’s property. By providing such submissions
to Company you hereby assign to Company, at no charge, all worldwide right, title and interest in and to
the submissions and any intellectual property rights associated therewith. Company shall be free to use and/or
disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible
for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
13. Compliance with Intellectual Property Laws. When accessing Company or using the Company legal document
Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use
of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and
other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise
distribute any information or content in violation of any third party's copyrights, trademarks or other
intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of
intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any
infringements of third party rights caused by any content you provide or transmit or that is provided or
transmitted using your Company user account.
Company has adopted a policy that provides for the immediate removal of any content, article or materials that have
infringed on the rights of Company or of a third party or that violate intellectual property rights generally.
Company’s policy is to remove such infringing content or materials and investigate such allegations immediately.
Copyright Infringement:
Notice. Company has in place certain legally mandated procedures regarding allegations of copyright infringement
occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate
suspension and/or termination of any Site or Service user who is found to have infringed the rights of the
Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company's policy
is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable
access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your
rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable
the material in question, you must provide the Company with the following information in writing
(see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at that site; (3) Identification of the
material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled and information reasonably sufficient to permit the service provider to
locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an
address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief
that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or
the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
Copyright Agent
c/o OnlineDivorce.com LLC
200 Continental Drive
Suite 401 Newark, DE 19713
copyright@onlinedivorce.com
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the material in your Content, you may send a written counter-notice
containing the following information to the Copyright Agent: (1) Your physical or electronic signature;
(2) Identification of the Content that has been removed or to which access has been disabled and the
location at which the Content appeared before it was removed or disabled; (3) A statement that you have
a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification
of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent
to the jurisdiction of the federal court in Seattle, WA, and a statement that you will accept service of process
from the person who provided notification of the alleged infringement. If a counter-notice is received by the
Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing
that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright
owner files an action seeking a court order against the Content provider, member or user, the removed Content may
be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at
the Company's sole discretion.
14. Inappropriate Content. When accessing the Site, any Applications, or using Company's Services,
you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:
(i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages
conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits
funds or is a solicitation for goods or services. Company reserves the right to terminate or delete such
material from its servers. Company will cooperate fully with any law enforcement officials or agencies in
the investigation of any violation of these Terms of Use or of any applicable laws.
15. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications,
or the Materials in violation of United States export laws or regulations or in violation of any other applicable
laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States
or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export
as may be required. You acknowledge and agree that the Materials are subject to the United States Export
Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom
is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed
or embargoed countries or their nationals or used for any prohibited purpose.
16. Metrics. Metrics displayed on this Site may include timeframes, quantities, and other numbers combined from
across our family of sites.
17. Standardized State Forms. Many states have standardized forms for divorce and other matters. Unfortunately,
many people find completing them difficult. As part of our mission to simplify and provide affordable access to
legal protections, we provide an automated process that allows you, our customer, to prepare your own forms more
simply. We do not charge you for the form. In fact, sample versions are available to view without charge.
We charge for use of our Site, educational resources, and the related materials and services we provide.
18. Personal Use. The site is made available for your personal use on your own behalf.
19. User and Authorized Contact Access to Order Information. The Company will give you, or anyone you designate
as allowed “spouse access,” information about your order. This may include information about the nature and status
of your order, information you provided to process your order, payment information, and contact information. If you
want someone to have access to your order, you must provide him or her spouse access or they may not obtain
information. You can confirm who is authorized for access to your account, add new authorized contacts, or remove
authorized contacts by clicking first on "My Profile", and then on "Spouse Access." You can then designate the
individual as having edit or only view access.
20. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit
any personal information to us.
21. Customers Needing Extra Assistance. Company aims to provide full access to its website and product
offerings regardless of disability. If you are unable to read any part of the Website, or otherwise have
difficulties using the Website, please call 877-483-0117 and our customer care team will assist you.
22. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site,
an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 7 of these
Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts
for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise
involving this Site or an Application.
24. Trademarks. Divorce Filler LLC, DivorceFiller, all images and text,
and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of
Company. All other trademarks, product names and company names or logos cited herein are the property of their
respective owners.
25. Inquiries. BY USING COMPANY'S SERVICES OR ACCESSING THE COMPANY SITE OR APPLICATIONS, YOU ACKNOWLEDGE
AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER OR EMAIL ADDRESS TO COMPANY VIA THE COMPANY SITE OR APPLICATIONS
CONSTITUTES AN INQUIRY TO COMPANY, AND THAT COMPANY MAY CONTACT YOU AT THE NUMBER SUBMITTED OR EMAIL ADDRESS EVEN
IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME
FRAMES AS APPROPRIATE).
26. Right to Refuse. You acknowledge that Company reserves the right to refuse service to anyone and to
cancel user access at any time.
27. Acknowledgement. BY USING COMPANY’S SERVICES OR ACCESSING THE COMPANY SITE OR APPLICATIONS,
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. Company is
located at 16192 Coastal Highway,
Lewes, DE 19958.
Updated 01/11/2022
1. I understand and agree that DivorceFiller.com (“Company” or “Site”) is not a law firm or an
attorney,
may not perform services performed by an attorney, and its forms or templates are not the substitute
for the advice or services of an attorney. Rather, I am representing myself in this legal matter.
No attorney-client relationship or privilege is created with Company.
2. If, prior to my purchase, I believe that Company gave me any legal advice, opinion or recommendation
about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed
with this purchase, and any purchase that I do make will be null and void.
3. I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather
than jury trials or class actions, and also limit the remedies available to me in the event of a
dispute as described in the Company Arbitration Agreement, contained in Paragraph 15 of these
Terms of Service.
4. Subscriptions.
I understand that my purchase provides access to the platform and support services for thirty days.
After thirty days, access automatically renews monthly and my card will automatically be charged the
current rate, as indicated at my time of purchase (rate subject to change). Cancel renewals anytime
by visiting My Profile
Storage Subscription. If you have purchased the Company Storage subscription, Company will
electronically store your documents and data for easy data recovery. Customers using Company Storage
are encouraged to keep original copies of their documents in a secure location. Notice that by canceling
Storage subscription you give Company permission to delete all your data from our storage.
Fees. When you purchase a subscription, you will be charged in accordance with the billing
terms in effect at the time of your initial purchase. If you purchase a subscription that is
charged in full on purchase, in each renewal period for that subscription, you must pay the
total cost of the next subscription period by the first day of that period. For each subscription,
your charge remains for each subscription period no matter if you access the services or
Site during any subscription term. In other words, EVEN IF YOU DO NOT USE THE SUBSCRIPTION,
INCLUDING ACCESSING QUESTIONNAIRES, SUPPORT SERVICES, OR OTHER BENEFITS, YOU ARE RESPONSIBLE
FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
Billing. You must provide valid credit card information at the time of purchase to allow payment
for the initial membership term of a subscription.
Renewals. For your automatically renewing subscriptions, your subscription will renew
at the end of the initial membership term (the “Billing Date”) and at the end of each successive
membership term, until you notify us that you want to terminate your subscription under these
Terms or your subscription is otherwise terminated. If you do not notify us, your credit card
will automatically be charged for the renewal term of your subscription on your Billing Date.
If your purchase date is on the 29th through 31st day of any month, your Billing Date for
renewals in months with fewer days will fall on the last day of the month. Company may adjust
your Billing Date in subsequent renewal periods without notice. This will be reflected by a
charge to your account on a prorated basis according to the number of days that have passed
since the Billing Date of your latest renewal charge. Unless Company otherwise notifies you in
advance under these Subscription Terms, the renewal charge will be equal to the original purchase
price for the subscription. Company may obtain automatic updates for any expiring credit cards you
have provided.
You must pay Company the fees associated with your subscription. Additional discounts may be available
for members purchasing multiple months up front or as part of certain promotions.
Notice of Automatic Renewal. We may send a reminder email to your account’s email address of
record before your Billing Date. Unless required by law in the state where you reside, Company
is not obligated to provide this notice. You acknowledge that (i) your failure to read, (ii)
your inability to receive, or (iii) Company’s failure to send the email creates no liability for
Company.
Promotional Trial Memberships. We sometimes offer customers trial memberships, all of
which are subject to these Subscription Terms (unless otherwise stated in the offer).
For a trial or other promotional membership with no initial charge, you agree we may
authorize a charge of up to one dollar ($1) to your method of payment to verify your payment source.
AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CALLING {{
settings.PHONE_SUPPORT }} OR THROUGH
MY PROFILE
YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR
INITIAL
MEMBERSHIP TERM.
Responsibility for Misuse. You may not: (i) license, sublicense, sell, resell, transfer, assign,
distribute, or otherwise make available to any party the benefits granted to you by or any content
in your subscription; or (ii) change, reproduce, reverse engineer, make derivative works based on
or referring to, or in any way exploit the licenses you have been granted with your subscription,
or content or source code in your subscription
You are responsible for all expenses incurred or other actions that may occur through your use of
a subscription. You must alert us immediately of any fraudulent, unauthorized, illegal, or
suspicious use of a subscription or subscription benefits, or any other breach of security or
unauthorized or illegal activity that you reasonably suspect.
Changes to Subscriptions.
General Changes. Company may discontinue the offering of a subscription, including
the functionality, content, or availability of any features of subscriptions or
Third-Party Services, at any time in its sole discretion. We may also impose limits on
features and services or restrict your access to all or part of the subscription.
However, you have the right to cancel your membership should we materially decrease
benefits. If we add new features to a subscription, the new features will be subject to
these Subscription Terms. If you add a product or service to your subscription, Company
has the discretion to charge you a prorated portion of the costs to align your renewal
date with your current subscription. Company will provide you notice before doing so.
Fee Adjustments. Company may increase subscription fees by notifying you of new
fees at least 30 days before the beginning of a renewal term. The new fees will be
effective on the first day of the renewal term. If you do not cancel your subscription,
you will be deemed to have accepted the new fees for the renewal term and subsequent
renewal terms (unless the fees are increased in the same manner for a
subsequent renewal term). Reductions in fees become effective on the first day of
the next renewal term without a pro rata adjustment for the period covered under
the prior fee schedule.
Renewal Term Adjustments. Company offers subscriptions of various lengths.
Company may increase the renewal term from monthly, quarterly, or otherwise, to quarterly,
annually, or otherwise at our discretion by notifying you of the new renewal term at
least 30 days before the beginning of a renewal term. If you do not cancel your
subscription, you will be deemed to have accepted the new renewal term moving forward
(unless the renewal term is changed in the same manner for a subsequent renewal term).
Discontinuation and Replacement of Subscriptions. Should Company cease to offer your
subscription, we can discontinue your subscription, continue to provide it to you, or
provision a replacement (similar or comparable product) at the then-current price.
Additional fees may be charged for such replacement subscription. Company will notify
you of new fees at least 30 days before they become effective.
By Subscriber. You may upgrade or downgrade your subscription to other available
options at any time by calling our Customer Care Center at 877-483-0117 or
by
cancelling online at My Profile.
Termination or Cancellation
By Company.
Company may terminate your use of all or part of the subscriptions in its sole discretion.
As your sole remedy, we will refund to you any prepaid fees specifically related to the
current term of that subscription.
Your right to use a subscription is subject to any limits established by Company or by
your credit card issuer. If payment cannot be charged to your credit card or your charge
is returned for any reason, including through a chargeback, Company may, in its sole and
absolute discretion, suspend or terminate your access and account, which will terminate
these Subscription Terms and our obligations under them. If a charge made to your credit
card is declined, Company may, but is not obligated to, contact you and may make
multiple attempts to bill that card over a thirty-day period.
If you wish to reactivate your account after a termination, the new term begins on the
reactivation date.
By Subscriber. You may cancel your subscription at any time by calling our Customer
Care Center at 877-483-0117 or by cancelling online at
My Profile. After you have
cancelled, your subscription will remain active until the end of then-current period.
Services After Termination. After your subscription is terminated or your
membership term has ended, you will not be able to access the corresponding
subscription offerings.
5. Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD COMPANY AND ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION
IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR
PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS,
STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT
PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CUSTOMERS.
6. Terms of Use. I understand that the Site's general terms of use (the "Terms of Use") also apply
to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and
agree to those
Terms of Use,
which are incorporated herein by reference.
7. Platinum Service. If you choose to purchase our Platinum Service (sometimes called our Platinum
Service), the following provisions apply to you:
You are responsible for paying court filing fees.
You may make unlimited changes to your paperwork prior to the initial shipment to you.
You must review and approve forms for use and confirm your and your spouse’s mailing addresses
prior to transmission or shipment for signature.
Once fully signed, we will make your initial filing with the court and either serve the divorce
papers on your spouse or arrange for your spouse’s signature, varying by state. Your spouse must
be willing to sign the paperwork for us to complete this service. Because significant work will
have been performed, your spouse declining to sign the paperwork is not grounds for a refund.
Once your spouse has signed and returned all required paperwork, we will file the spousal
documents with the court.
While we provide instructions, future court filings are your responsibility.
We will attempt to notify you if the documents you or your spouse are due to return are not
received or are received but incomplete. We will retain incomplete documents or documents that
cannot continue in the process for a minimum of 180 days, but may destroy them after that time
as we consider the signatures stale. We will retain only electronic copies. This will necessitate
repeating the signature process if you desire to move forward. Once we destroy documents we
consider stale, we will return associated money orders to you absent you providing and our
accepting contrary instructions. Company is not responsible for the cost of money orders lost
in return shipping. As a courtesy, we will extend the time we retain stale paperwork for our
subscribers, but cannot file them absent fresh signatures.
8. MEDIATION TERMS. If you are offered and/or choose to purchase mediation services, the following
provisions apply to you:
Mediators providing services through this site are not attorneys and do not provide legal advice.
Our Mediators are professionals with a wide variety of backgrounds, who are intended to serve as
neutral third parties who can assist with navigating disputes with your spouse. Although some
Mediators may have professional certifications in law, counseling and similar fields, communication
with a Mediator does not establish an attorney-client, therapist-client or doctor-patient relationship.
The Company makes no representations or warranties regarding the background, licensure,
competency or abilities of the Mediators.
Chat-Based Mediation: A chat-based Mediation Session is a fast paced text exchange between users
and Mediators for the purpose of helping parties reach agreements. If you enable a chat-based
Mediation Session, you and your spouse will be connected with a Mediator in a live chat. You
understand that if you and your spouse are unresponsive for over 8 hours during a Mediation
Session, the Mediator may close the session due to inactivity.
Live Mediation: A telephone or video conference Mediation session is a limited-time conversation
between users and Mediators for the purpose of helping parties reach agreements.
YOU HEREBY EXPRESSLY AGREE THAT ALL COMMUNICATIONS DURING THE MEDIATION SESSION WILL BE
CONFIDENTIAL AND THAT YOU WILL NOT PROVIDE SCREENSHOTS, PHOTOS, COPIES, OR THE CONTENT OF ANY
COMMUNICATIONS DURING A MEDIATION SESSION IN ANY COURT PROCEEDING INVOLVING YOUR CO-PARENT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO THIS SECTION, YOUR SPOUSE IS A THIRD
PARTY BENEFICIARY OF THESE TERMS WITH FULL RIGHT AND AUTHORITY TO SEEK AN ORDER ENJOINING YOUR
DISCLOSURE IN VIOLATION OF THIS SECTION. The Company may, but is under no obligation to, bring
an action to enforce your compliance with this Section. For clarity, the foregoing
confidentiality commitment extends only to Mediation Sessions involving you, your spouse, and a
Mediator, and does not extend to any other communications on the Site.
If you are represented by an attorney, you are solely responsible for contacting, communicating
and receiving any advice from your attorney before entering into an agreement or communication
while engaged with a Mediator.
IF YOU ENGAGE WITH A MEDIATOR, YOU MUST INFORM THE MEDIATOR IF YOU HAVE A CURRENT CIVIL OR CRIMINAL
PROTECTIVE ORDER IN PLACE EITHER PROTECTING YOU OR PROHIBITING YOU FROM CONTACT WITH YOUR SPOUSE.
The Company reserves the right to report to law enforcement and other appropriate state agencies
if the Company has a reasonable suspicion that a child is suffering from emotional abuse,
physical abuse or neglect, or if a Mediator has a reasonable suspicion that an identifiable
person is a danger to himself or herself or to another. Safety is of the utmost importance and
violence or threats will not be tolerated. The Company, however, has no legal obligation to
monitor communications. If you receive threats from your spouse or any other user of the Platform,
or if you suspect a child is being harmed, you should report this to the appropriate authorities
immediately.
To protect their privacy, mediators may not use their real names.
You expressly agree to pay any and all attorney’s fees and costs incurred by the Company or any
of its officers, employees, agents or representatives, if you seek to compel any of them to
testify, respond to discovery, authenticate communications or produce documentation.
9. ATTORNEY ADVERTISEMENTS. Attorneys advertised on this site are independent attorneys.
See the attorney in your area who's responsible for these
advertisements. Company is not an "attorney referral service" or a law firm.
Notice to Alabama customers: No representation is made that the quality of the legal services
to be performed is greater than the quality of legal services performed by other lawyers.
Notice to Missouri customers: The choice of a lawyer is an important decision and should not
be based solely upon advertisements.
Notice to New York customers: Prior results do not guarantee a similar outcome.
10. Additional Terms. I understand that my purchase may be subject to additional terms and conditions.
Any additional terms provided to me are incorporated herein by reference.
11. Third Party Services. If I purchased a product that involves third party services, I understand that
I may be required to accept additional terms located on the third party’s site. The third party may contact me
by email and/or phone with instructions on how to access my benefits. COMPANY HEREBY DISCLAIMS LIABILITY FOR
ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. COMPANY
IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY
HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF COMPANY AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY
THAN THE COMPANY SITE.
12. Future Products and Services. If I choose to add a product or service to my order subsequent to this
initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
13. Abandoned Orders. My purchase allows me to create my own legal documents. I understand that, other
than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store
credit other than as described by the Company
Guarantee.
Both parties acknowledge that Company is out of
pocket time and money for undertaking the work and both parties fully intend to complete the order.
Abandoned orders will result in liquidated damages equal to the amount paid to Company for reimbursement of our
commitment to service this order.
14. Suspended Accounts. If Company encounters evidence of suspicious activity in connection with my account,
including, but not limited to, evidence that my account is being used by someone who is not authorized to do so,
I acknowledge that Company, in its sole discretion, may opt to temporarily disable my account for a
reasonable amount of time in order to investigate. In the event that Company disables my account,
I understand that, absent a subpoena or court order, no information about my account will be provided
to anyone outside Company, including me or any authorized contact, until the investigation is complete.
Additionally, I understand that Company, in its sole discretion, may decide not to send any documents
associated with my account to me or file any such documents with any government authority, while my account
is disabled. I acknowledge that Company will not be liable for any delays caused by these policies and procedures.
15. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care
Center at 877-483-0117. In the unlikely event that the Company Customer Care Center is unable
to resolve your complaint to your satisfaction (or if Company has not been able to resolve a dispute it
has with you after attempting to do so informally), we each agree to resolve those disputes through
binding arbitration or in small claims court rather than in a court of general jurisdiction.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or
jury, allows for more limited discovery than a court does, and is subject to very limited review by courts.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class
actions are not permitted.
While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a
case in court, for any non-frivolous claim that does not exceed $75,000, Company will pay all costs
of the arbitration. Moreover, in arbitration you may recover attorney's fees from Company to the same
extent or more as you would in court. The arbitrator shall apply the same limitations period that would
apply in court.
Under certain circumstances (as explained below), Company will pay you more than the amount of the arbitrator's
award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards
you an amount greater than what Company offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
Arbitration Agreement:
(a) Company and you agree to arbitrate all disputes and claims between us before a single arbitrator.
The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies,
without limitation, to:
claims arising out of or relating to any aspect of the relationship between us, whether based in
contract, tort, statute, fraud, misrepresentation, or any other legal theory;
claims that arose before these or any prior Terms (including, but not limited to, claims relating to
advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a
certified class;
and claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to " Company," "you," and "us" include our respective
subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest,
successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products
under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, spouses,
children, dependents, or others named in divorce documents.
Notwithstanding the foregoing, either party may bring an individual action in small claims court.
This arbitration agreement does not preclude your bringing issues to the attention
of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by
jury or to participate in a class action. These Terms evidence a transaction or website use in
interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement
of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of
Dispute ("Notice") to the other party. A Notice to Company should be addressed to: Notice of Dispute,
General Counsel, Divorce Filler LLC, 16192 Coastal Highway,
Lewes, DE 19958 (the "Notice Address").
The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief
sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the
Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount
of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the
arbitrator determines the amount, if any, to which you or Company is entitled.
(c) After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly
reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the
filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider.
If you are unable to pay this fee, Company will pay it directly after receiving a written request at the
Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules")
of the American Arbitration Association (the "AAA"), as modified by these Terms, for all claims under
$75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and
will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling
the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for
the arbitrator to decide, except that issues relating to the scope, enforceability, and
interpretation of the arbitration provision and the scope, enforceability,
and interpretation of paragraph (f) are for the court to decide. Unless Company and
you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis
of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by
the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by
telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right
to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for
preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any
dispute or claim to which Company was a party. Except as otherwise provided for herein, Company will pay all
AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice
requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief
sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth
in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.
In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your
obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief
valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed
by the AAA rules.
(d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim, the
arbitrator issues you an award that is greater than the value of Company's last
written settlement offer made before an arbitrator was selected, then Company will:
pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater;
and pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert
witness fees and costs), that your attorney reasonably accrues for investigating, preparing,
and pursuing your claim in arbitration (the "attorney's payment").
If Company did not make a written offer to settle the dispute before an arbitrator was selected, you and your
attorney will be entitled to receive the alternative payment and the attorney's fees, respectively,
if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve
disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and
the attorney's fees at any time during the proceeding and upon request from either party made
within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that
includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer,
the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses
you reasonably incurred in connection with the arbitration proceeding before Company’s settlement offer.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees
and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under
applicable law, this provision does not preclude the arbitrator from awarding you that amount. However,
you may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may
have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding,
Company will not seek such an award for claims under $75,000.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN
ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless
both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may
not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief
that a court could award that is individualized to the claimant and would not affect other customers. Neither
you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable
law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that
claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party
may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty
(30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed
during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The
three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the
appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding,
subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future
change to this arbitration provision (other than a change to any notice address, website link or telephone
number provided herein), that change will not apply to any dispute of which we had written notice on the
effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such
termination will not be effective until at least thirty (30) days after written notice of such termination
is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
16. Installment Plan.
(a) Offering. The Company Installment Plan (the "Installment Plan") is available as a purchase
option for certain products. Upon receipt of my initial payment, I will have access to
the post-purchase questionnaires and other support services, but will not be able to
complete my order or receive my final documents until I complete my Installment Plan payments.
(b) Billing. By opting into the Installment Plan, I agree to make an initial payment
(the "Initial Installment Payment") immediately when I place my order or as otherwise agreed.
I hereby authorize Company to charge my credit card for additional installments (each an "Installment Billing Date")
on the dates arranged with my authorization. If we select a monthly Installment Plan and my purchase date is
on the 29th through 31st day of any month, an Installment Billing Date for months with fewer days will
fall on the last day of the month. Each payment will be of the same amount unless otherwise agreed,
except that if the total purchase price does not divide evenly into the agreed number of parts, my
final installment payment will include all outstanding amounts. I understand that I may pay my
outstanding balance at any time without incurring additional charges.
(c) Default. If my credit card is declined, I agree that Company may make multiple attempts to
bill that card. If I remain in default on a payment when a subsequent payment is due, I authorize
Company to charge any due payment amounts to my credit card. I understand that Company may restrict
my ability to use its service, including continuing work on questionnaires, or purchase other Company
products if I am delinquent on any payment. I understand that Company may accept late or partial payments,
as well as payments that reflect "paid in full" or other restrictive endorsements, without limiting any of
its rights under these Terms of Service. I acknowledge that Company is out of pocket time and money for
servicing partially paid orders, and fully intend to complete my Installment Plan payments and the order.
Abandoned Installment Plans will result in liquidated damages equal to the amount paid to Company for
reimbursement of its commitment to service the order.
(d) Notice of Automatic Billing. Company may send a reminder email to the email address of record for
my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as
a courtesy only, and Company is not obligated or required to provide such notice. I acknowledge and
agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of Company to
send the email does not create any liability on the part of Company or any third-party service provider.
(e) Disputed Charges. I understand that if I dispute a charge to my credit card, I should call the Company
Customer Care Center immediately at 877-483-0117 and Company will investigate the matter.
(f) Account Information. I agree to notify Company immediately of any changes to my credit card number,
its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason.
17. Delivery. For products delivered via physical shipment, I understand that Company uses a variety
of carriers for each shipping option and will choose a delivery method for the shipping option and address
I designate. If I select overnight delivery or two-day delivery, I agree that Company may use air or
ground shipping as necessary to get my items to me within the promised time frame. The shipping fee
indicated does not necessarily represent the actual amount paid by Company to the carrier chosen for
the delivery of my order. It may include, in addition to the fees paid to the carrier, Company or
third party handling and processing fees. For products delivered electronically, I understand that
I will be notified via email when my product is complete and available for download. I understand that
I may access my product by logging in to
My Account.
18. Reviews. After your purchase, you may receive an email survey request from Company. You may also
write a review on the Site. If you complete the survey or submit a review, your opinions may be posted,
in whole or in part, on the Site or used in marketing material. The review may be accompanied by
limited identifying information, such as your first name and last initial, the product you purchased,
your gender, city and/or state, and age range.
19. Access to World Wide Web; Internet Delays. To use Company services, I must obtain access to the World
Wide Web, either directly or through devices that access web-based content, and pay any service
fees associated with such access. I am responsible for providing all equipment necessary
to make such connection to the World Wide Web, including a computer and Internet access. Access
to certain Company services may be limited or delayed based on problems inherent in the use of
Internet and electronic communications. I understand that Company is not responsible for delays,
delivery failures, or other damage resulting from such problems.
20. Notice to California Residents. Under California Civil Code Section 1789.3, California users of
our Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of
the Division of Consumer Digital Services of the California Department of Consumer Affairs may be contacted
in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. Force Majeure. Company shall not be considered in breach of or default under these Terms of Service
or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the
performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought,
landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic,
famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict,
labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen
(each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate,
Company may immediately terminate these Terms of Service and shall have no liability to me for or as a
result of any such termination.
22. Right to refuse. I acknowledge that Company reserves the right to refuse service to anyone.
23. I acknowledge that Company is not a registered or bonded legal document assistant under California
Business and Profession Code, sections 6400 et seq. Company is located at 16192 Coastal Highway,
Lewes, DE 19958.
24. I acknowledge that I have had the opportunity to view sample templates of Company documents and may
call Company Customer Care at 877-483-0117 with questions or for assistance locating sample
templates.
25. By proceeding with my purchase, I agree to these Terms of Service.
26. Reviews and metrics compiled across our family of Divorce for All websites.
Updated 01/11/2022
Effective Date: 1/1/2021 Last Revised on: 12/22/2021 Last Reviewed on: 12/22/2021
DivorceFiller.com, and its affiliates and subsidiaries, (collectively, “DivorceFiller”,
“Company”, “Us”, “Our”, or “We”) recognize that you may be concerned about our collection, use, and disclosure of
your personal information. We respect your privacy and are committed to providing a transparent notice of our
privacy practices.
This policy describes the types of information We may collect from you when you visit our website(s), including
www.divorcefiller.com,
and/or our mobile application(s) (collectively, our "Site"). This policy also covers information We collect about you
offline, from third parties, or when you visit one of our locations or contact us by phone. This policy describes
our practices for collecting, using, maintaining, protecting, and disclosing that information.
Please read this policy carefully to understand our policies and practices regarding your information and how We will
treat it. This policy may change from time to time (see Changes to Our Privacy Policy).
INFORMATION COLLECTION
We collect several types of information from and about you, including:
Information provided by you, such as name, address, email address, telephone number, and other personally
identifying information. For example, We collect information from you when you register online or fill out a
questionnaire on our Site;
Information provided by third parties about you. As part of our services, We may also collect information
from your attorneys, your current or former spouse, and third-party reporting services, including, for example,
information about your marriage, properties, debts, assets, and contact information; and
Information collected automatically as you navigate through the Site. Information collected automatically
may include usage details, domain address, IP addresses, internet browser, operating system, your internet
connection, the equipment you use to access our Site, and information collected through cookies.
SOCIAL SECURITY NUMBER PROTECTION POLICY
Social Security numbers are classified as “Confidential” information under Our Information Security and Privacy
Policies. As such, Social Security numbers may only be accessed by and disclosed to Our associates and others with a
legitimate business purpose in accordance with applicable laws and regulations. Social Security numbers, whether in
paper or electronic form, are subject to physical, electronic, and procedural safeguards. These restrictions apply
to all Social Security numbers collected or retained by Us in connection with customer, current or former spouse
of customer, employee, or other relationships.
INFORMATION USE
We use information that We collect about you or that you provide to us:
to present our Site and its contents to you and to improve our Site (We continually strive to improve our Site
offerings based on the information and feedback We receive from you);
to provide you with information or services that you request from us;
to fulfill Our obligations to you as a customer;
to provide you with notices about your account and to improve customer service (your information helps us to
more effectively respond to your customer service requests and support needs);
to carry out Our obligations and enforce our rights arising from any contracts entered into between you and Us,
including for billing and collection;
to notify you about changes to our Site or any products or services We offer or provide through it;
to allow you to participate in interactive features on our Site and to personalize your experience (your
information helps us to better respond to your individual needs);
to enable communications to you regarding our services such as email and text;
to work with marketing partners to provide you with products or services that may be of interest to you;
to fulfill any other purpose for which you provide it and in any other way We may describe when you provide the
information; and
for any other purpose with your consent or authorization.
DISCLOSURE OF YOUR INFORMATION
We may disclose information that We collect about you or that you provide us directly as described in this privacy
policy:
to our subsidiaries and affiliates;
to contractors, service providers, and other third parties We use to support our business;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution,
or other sale or transfer of some or all of Company's assets, whether as a going concern or as part of bankruptcy,
liquidation, or similar proceeding, in which personal information held by Company about our Site users is
among the assets transferred;
to fulfill the purpose for which you provide it. For example, to process your inquiry regarding your product
purchased, a divorce, parenting classes, or name change services;
for any other purpose disclosed by us when you provide the information;
with your consent or authorization.
We may also disclose your personal information:
to comply with and/or respond to any court order, law, or legal process, including to respond to any government,
regulatory, or law enforcement request;
to enforce or apply our Terms of Use, Terms of Service, and other agreements, including for billing and
collection purposes; and
if We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our
customers, or others. This includes exchanging information with other companies and organizations for the
purposes of fraud protection and credit risk reduction.
We may disclose aggregated information about our users and deidentified data or information that does not identify an
individual.
SECURITY
We have implemented reasonable measures designed to secure your personal information from accidental loss and from
unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on
you. Where We have given you (or where you have chosen) a password for access to certain parts of our Site, you
are responsible for keeping this password confidential. We ask you not to share your password with anyone.
LINKS
This Site may contain links to other sites. Please be aware that We are not responsible for the content or privacy
practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy
statements of any other site that collects personally identifiable information.
CHILDREN UNDER THE AGE OF 13
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or
on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not
use or provide any information to or on this Site or through any of its features.If We learn We have collected
or received personal information from a child under 13 without verification of parental consent, We will delete that
information. If you believe We might have any information from or about a child under 13, please contact us in one
of the ways provided in the Contact Information section, below.
DO NOT TRACK
We do not respond to Web browser “do not track” signals or other mechanisms. Other parties may collect personally
identifiable information about your activities over time and across different Web sites when a consumer uses our
Site or service.
CHANGES TO OUR PRIVACY POLICY
It is our policy to post any changes We make to our privacy policy on this page.
CONTACTING US
If there are any questions regarding this privacy policy you may contact us via telephone
877-483-0117 or at
support.22473.c931cc2e59f466a7@helpscout.net
or via mail at Attn: General Counsel at 16192 Coastal Highway,
Lewes, DE 19958.
Privacy policy California
Effective Date: 1/1/2021 Last Revised on: 12/22/2021 Last Reviewed on: 12/22/2021
DivorceFiller.com (“we,” “our,” or “Company”) respects your privacy and is committed to providing a
transparent Notice at Collection and Privacy Policy for California Residents. This Notice and Privacy Policy for
California Residents applies solely to those who reside in the State of California (“consumers” or “you”).
The purpose of this notice and privacy policy is to provide California residents, at or before the time we collect
your personal information, with a comprehensive description of our online and offline practices regarding the
collection, use, disclosure, and sale of personal information and of the rights of consumers regarding your personal
information:
Notice at or before the point of collection, about the categories of personal information to be collected
from you and the purposes for which the personal information will be used.
A comprehensive description of our online and offline practices regarding the collection, use, disclosure,
and sale of personal information and of your rights regarding your personal information, including:
Your right to know about personal information collected, used, disclosed or sold:
Categories of personal information we collected in the preceding 12 months
Categories of sources from which personal information is collected
Categories of personal information, if any, we disclosed or sold in the preceding 12 months
For each category identified as disclosed or sold, categories of third parties to whom the
information was disclosed or sold
Notice that we do not sell your personal information
Your right to request deletion of your personal information
How to submit a verified consumer request for your Right to Know or Right to Delete
How to use an authorized agent to submit a verified consumer request
Your right to non-discrimination for the exercise of your privacy rights
Other California privacy rights
Changes to our privacy notice
Our contact information
Notice at Collection and Privacy Policy for California Residents
Notice at Collection
The purpose of this Notice at Collection is to provide you with timely notice, at or before the point of collection,
about the categories of personal information to be collected from you and the purposes for which the personal
information will be used.
Do We collect?
Categories of Personal Information
[ x ]
A. Identifiers: For example, a real name, alias, postal address, unique personal identifier,
online identifier, Internet Protocol address, email address, account name, social security number,
driver’s license number, passport number, or other similar identifiers.
[ x ]
B. Personal Information Categories from Cal. Civ. Code § 1798.80(e): For example, a name,
signature, Social Security number, physical characteristics or description, address, telephone number,
passport number, driver’s license or state identification card number, insurance policy number,
education, employment, employment history, bank account number, credit card number, debit card number,
or any other financial information, medical information, or health insurance information.
[ x ]
C. Characteristics of CA or Federal Protected Classifications: For example, race, religion,
national origin), age (40 and over), gender, sexual orientation, medical condition, ancestry, pregnancy
(includes childbirth, breastfeeding and/or related medical conditions), familial status, disability,
veteran status, or genetic information.
[ x ]
D. Commercial Information: For example, records of personal property, products or services
purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
[ _ ]
E. Biometric Information: For example, physiological, biological or behavioral characteristics,
including an individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with
each other or with other identifying data, to establish individual identity. Biometric information
includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein
patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae
template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or
rhythms, and sleep, health, or exercise data that contain identifying information.
[ x ]
F. Internet or Other Similar Network Activity: For example, browsing history, search history, and
information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
[ x ]
G. Geolocation Data: For example, information that can be used to determine a device’s physical
location.
[ _ ]
H. Sensory or Surveillance Data: For example, audio, electronic, visual, thermal, olfactory, or
similar information that can be linked or associated with a particular consumer or household.
[ x ]
I. Professional or Employment-Related Information: For example, compensation, evaluations,
performance reviews, personnel files and current and past job history.
[ x ]
J. Education Information (defined as information that is not publicly available personally
identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C.
section 1232g, 34 C.F.R. Part 99)): Education records directly related to a student maintained by an
education institution or party acting on its behalf, for example, non-public information that can be
used to distinguish or trace an individual’s identity in relation to an educational institution either
directly or indirectly through linkages with other information.
[ x ]
K. Profile Data: For example, inferences drawn from personal information to create a profile
about a consumer reflecting the consumer’s preferences, characteristics, psychological trends,
predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Please note that Personal Information does not include:
Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CCPA's scope, like:
health or medical information covered by the Health Insurance Portability and Accountability Act of 1996
(HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit
Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act
(CalFIPA), and the Driver's Privacy Protection Act of 1994.
We use the personal information we collect for one or more of the following business purposes:
To fulfill or meet the reason for which the information is provided
With your consent or authorization
For our internal operation purposes
For auditing relating to consumer transactions including ad impressions and compliance with regulations
Fraud and security detection
Debugging to identify and repair errors
Short-term data use for the current interaction that is not used to build a profile
Servicing transactions and accounts (e.g., customer service, maintaining and servicing accounts, customer
verification, payment processing) and providing services on behalf of business or service provider (e.g.,
financing, advertising or marketing, analytics)
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or
transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or
similar proceeding, in which personal information held by us is among the assets transferred.
Undertaking internal research for technological development and demonstration
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned,
manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service
or device that is owned, manufactured, manufactured for, or controlled by the business.
To share the personal information with service providers to carry out other business purposes.
We will not collect additional categories of personal information without providing you a new Notice at Collection
disclosing those categories.
Privacy Policy
The purpose of this privacy policy is to provide you with a comprehensive description of our online and offline
practices regarding the collection, use, disclosure, and sale of personal information and of your rights regarding
your personal information.
Your Right to Know
You have the right to request that we disclose what personal information we collect, use, disclose, and sell. You can
do this through a verified consumer request. That process is described below in the section, “Submitting a Verified
Consumer Request.”
We collect personal information, which means information that identifies, relates to, describes, is capable of being
associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household
(“personal information”). The following table includes disclosures for the preceding 12 months of: categories of
personal information we have collected about consumers, the categories we have disclosed for a business purpose, and
categories of third parties with whom we shared the personal information during that period.
Category
In the preceding 12 months this category was:
Categories of third parties to whom the information was disclosed
Collected
Disclosed
A. Identifiers
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Cloud storage providers
Payment processors
Web hosting service providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Cybersecurity service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
B. Personal Information Categories from Cal. Civ. Code § 1798.80(e)
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Cloud storage providers
Payment processors
Web hosting service providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Cybersecurity service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
C. Characteristics of CA or Federal Protected Classifications
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Cloud storage providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
D. Commercial Information
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Cloud storage providers
Web hosting service providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
E. Biometric Information
[ _ ]
[ _ ]
F. Internet or Other Similar Network Activity
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Web hosting service providers
Help Desk service providers
Financial, legal, and accounting service providers
Cybersecurity service providers
Customer relationship management tool providers
Product fulfilment service providers
G. Geolocation Data
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Web hosting service providers
Help Desk service providers
Financial, legal, and accounting service providers
Cybersecurity service providers
Customer relationship management tool providers
Product fulfilment service providers
H. Sensory or Surveillance Data
[ _ ]
[ _ ]
I. Professional or Employment-Related Information
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Cloud storage providers
Web hosting service providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
J. Education Information
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Cloud storage providers
Web hosting service providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
K. Profile Data
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Cloud storage providers
Web hosting service providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
The categories identified as collected in the table above were collected from the following categories of sources:
You directly
Your current or former spouse
Advertising networks
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Social networks
Data brokers
We Do Not Sell Personal Information
We do not sell personal information. We do not have actual knowledge that we sell the personal information of minors
under 16 years of age.
Your Right to Request Deletion of Your Personal Information
You have the right to request that we delete any of your personal information collected by us, subject to certain
exceptions. You can do this through a verified consumer request. That process is described below in the section,
“Submitting a Verified Consumer Request.”
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you
requested, take actions reasonably anticipated within the context of our ongoing business relationship with you,
or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute
those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise
another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that
adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render
impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship
with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you
provided it.
Submitting a Verified Consumer Request
You have the right to submit verified consumer requests to know information or for deletion. The request to know can
be for any or all of the following:
Specific pieces of personal information that we have collected about you;
Categories of personal information we have collected about you;
Categories of sources from which the personal information was collected;
Categories of personal information that we sold or disclosed for a business purpose about you;
Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
The business or commercial purpose for collecting or selling personal information.
The response to a request for any of the categories above will cover the preceding 12 months. Please note that we are
not required to provide personal information to you more than twice in a 12-month period. We cannot respond to your
request or provide you with personal information if we cannot verify your identity or authority to make the request.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity
or authority to make the request.
If you submit a request that is not through one of these designated methods or is deficient in some manner unrelated
to verification, we will either treat it as if it had been submitted in accordance with our designated methods or
provide you with information on how to submit the request or remedy any deficiencies.
Your request will be verified by matching the information you provide to information that we have collected.
Categories may include, but are not limited to, name, address, telephone number, last 4 digits of your social
security number, last 4 digits of the credit card you used to pay for your order, a prior order number, or similar
types of data we hold.
Once we receive your verifiable consumer request, we will confirm receipt of the request within 10 business days
describing our verification process. We will respond to your request within 45 calendar days, if we are able to
verify your identity. Requests for deletion will require a separate confirmation that you want your information
deleted.
If requests from you are manifestly unfounded or excessive in particular because of their repetitive character, we
may either charge a reasonable fee or refuse to act on the request, notifying you of our reason for refusing to act.
If we determine that the request warrants a fee, we will notify you of the reason for that determination and provide
you with a cost estimate before completing your request.
Please note that, in responding to your request, we are not permitted to disclose or provide you with your Social
Security number, driver’s license number or other government-issued identification number, financial account
number, any health insurance or medical identification number, an account password, security questions and
answers, or unique biometric data generated from measurements or technical analysis of human characteristics.
However, we will inform you with sufficient particularity that we have collected the type of information without
disclosing the actual data.
Requests to Know or Delete for Child Under the Age of 13: We accept requests for minors under the age of 13 if we can
determine that it was submitted by a parent or guardian. If submitting such a request, please provide sufficient
documentation to demonstrate that relationship.
Using an Authorized Agent to Submit a Request
Only you, or a natural person or a business entity registered with the Secretary of State to conduct business in
California that you have authorized to act on your behalf, may make a verifiable consumer request related to your
personal information. You may also make a verifiable consumer request on behalf of your minor child. If you use an
authorized agent, you may provide a power of attorney executed pursuant to California Probate Code sections 4000 to
4465. If a power of attorney that meets those provisions is not submitted, you will be required to provide the
authorized agent signed permission to submit a request, verify your identity directly with us, and directly confirm
with us that you provided the authorized agent permission to submit the request.
If you’re an authorized agent making a request you need to do the following:
(a) provide a copy of a power of attorney provided to you by the consumer pursuant to Probate Code sections 4000 to
4465; or
(b) provide proof of signed permission along with a copy of your ID and have the consumer confirm with us that they
provided you permission to submit the request by sending an e-mail.
Requests to Access or Delete Household Information
We will not comply with a request to know specific pieces of information or a request to delete household personal
information unless (i) the request is made by the account holder or (ii) all consumers of the household jointly
request access to specific pieces of information or deletion, we can individually verify all members of the
household and we can verify each is currently a member of the household. If a member of a household is a minor under
13, we must obtain verifiable consent before complying with a request for specific pieces of information for the
household or deletion of household personal information.
Your Right to Non-Discrimination for the Exercise of a Privacy Right
You have a right not to receive discriminatory treatment by the business for the exercise of the privacy rights
conferred by the CCPA. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other
benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of
goods or services.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California
residents to request certain information regarding our disclosure of personal information to third parties for their
direct marketing purposes. You can submit requests by calling
877-483-0117
or using our
webform.
Company does not respond to Web browser “do not track” signals or other mechanisms.
Other parties may collect personally identifiable information about your activities over time and across different
Web sites when a consumer uses our Site or service.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this
privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your
continued use of our Website following the posting of changes constitutes your acceptance of such changes.
Contact for More Information
If you have any questions or comments about this notice, the ways in which we collect and use your information, your
choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate
to contact us at:
DivorceFiller.com
Attn: General Counsel
16192 Coastal Highway,
Lewes, DE 19958
Our refund policy:
At DivorceFiller, we care about our customers and stand by the quality of our services -
so we’ll refund our fees on divorce services, other than the activation fee, within the
first 30 days of purchase if you're unhappy with our services. Call or email us and
we'll process your refund.
What it doesn't cover:
We provide significant services beyond the generation of your divorce forms. Answers to
common questions, filing instructions, and customer care provided during the process of
using our site are just some of the valuable services we provide. For this reason, we
unfortunately cannot grant a refund in cases where a customer has accessed our post-purchase
services, including our post-purchase questionnaires, forms, instructions, and customer
care center, unless there’s a flaw in our underlying documents. If you have not accessed
our post-purchase services, however, you can request a refund within 30 days of purchase.
In addition, we cannot guarantee that a customer's spouse will sign the documents and cannot
provide a refund where the spouse refuses.
We cannot provide refunds for fees we collect on behalf of third parties. For example, if you
purchase the electronic filing of your documents, complete the documents, and we pay to file
with a court, we cannot refund the fees to you. Similarly, if you purchase a package with
prepaid shipping labels, we cannot offer a refund for those labels. Finally, fees paid directly
to, or for access to, lawyers or for mediation services are not covered by this guarantee.
