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Uncontested VS Contested Divorce in South Dakota
In South Dakota, divorce can be both contested or uncontested. It’s clear from the term that contested divorce implies a competition, litigation, and notorious trial battles in order to win the divorce case and gain more than the other spouse. Such divorce cases can take many months and cost great sums of money. The spouses hardly talk to each other during the hearings, and the main roles are played by their attorneys.
In comparison, an uncontested divorce is a great bargain for those who do not have much assets that are difficult to divide, and for those who are just able to cooperate with their spouse in order to arrange a calm and easy divorce. An uncontested divorce in South Dakota doesn’t assume any of the court hearing (even the "final hearing", typical for uncontested cases in other states). So if you have children, there is no need to interview them before the court. Also, you can go through the uncontested divorce without an attorney, which makes this type of divorce much cheaper.
Uncontested Divorce in South Dakota
The main condition of an uncontested divorce is both spouses’ mutual intention to terminate the marriage as well as their willingness to negotiate and cooperate for the common benefit.
The aim of both spouses is to reach an agreement on all the most important terms of their case such as property and debt division, alimony, child custody, support and visitation. All these decisions should be inscribed in the settlement agreement, which must be signed by the parties and approved by the court.
Grounds for Divorce in South Dakota
In South Dakota, you can file for divorce based on both fault and no-fault grounds.
The only no-fault ground sounds like “Irreconcilable differences” and covers all the possible reasons for separating which you don’t want to explain. You just tell the court that the marriage is irreparably broken and so you want a divorce. There is no need to prove anything or to blame anyone. You should consider the cheaper and easier no-fault divorce first, and keep the fault grounds only as a last resort.
Fault grounds for divorce lead to a contested case. It’s not enough just to blame your spouse and wait for benefits from the court. Pointing any of the fault grounds, you must prove the fact of your spouse’s misconduct. Your evidence must be convincing, and you should be ready for your spouse to fiercely defend (likely with the help of a good attorney).
Fault grounds for divorce that are recognized in South Dakota include:
Adultery.
Extreme cruelty.
Willful desertion.
Willful neglect.
Habitual intemperance.
Felony conviction.
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South Dakota Residency Requirements to File for Divorce
Before filing the divorce, make sure that the Circuit Court has jurisdiction over your case. It means that you must meet the relevant residency requirements of the state.
In South Dakota, you or your spouse must be a current resident of the state and particular county but unlike most states, there is no need to prove some certain length of your residency or wait for several weeks before filing a Petition.
However, you must remain a resident of South Dakota till the end of the proceeding (which can take at least 61 days).
How to File for an Uncontested Divorce in South Dakota
There is no such concept as a joint petition in South Dakota. As a result, even if the spouses agree to their intention to divorce, one of them is considered as a Plaintiff and the other as a Defendant. The main steps of any uncontested case are the following:
The Plaintiff files the Complaint for divorce, the Summons, and other paperwork, and submits it to the circuit court.
It is the Plaintiff’s responsibility to serve the Defendant with the Complaint and Summons. After receiving the copies, the Defendant should confirm the delivery with an Admission of Service form.
After the Defendant is served with the documents and agrees with the terms of the divorce, the case is officially considered as uncontested.
The spouses should prepare the Stipulated Agreement and sign it before the notary.
At the same time the paperwork is filed, the waiting period begins. The spouses should wait 60 days (the mandatory waiting period in South Dakota) for the judge to sign the Final Judgment or Decree of Divorce. It’s good news that uncontested divorce in South Dakota doesn’t require any court hearing.
Do-It-Yourself Divorce in South Dakota
South Dakota welcomes DIY divorces. If the case is pretty simple, there is no need to spend extra money & time to deal with it. You can rely on the self-help section of the South Dakota Judicial System site or use the help of our company.
All that you need is to gather some necessary information about the divorce rules in the state and prepare your documents correctly without missing any details.
Also, be ready to negotiate with your spouse as you have a lot to decide. And if there are some difficulties with children-related issues, please don’t ignore mediation.
How Much Does an Uncontested Divorce Cost?
In South Dakota, the cost of an uncontested case starts with $95 of a filing fee. In addition, you may need a mediation. Mediators’ fees vary between $300 and $1,000, depending on the mediator and the length of the session. Typically it takes between 2-4 hours, and one session is enough.
How Long Does It Take to Get Divorced in South Dakota?
The time needed to finalize an uncontested divorce in South Dakota is determined by the 60-day waiting period after filing the petition. So the divorce cannot be granted for at least 61 days after the paperwork is completed.
A contested divorce can last much longer, typically from 6 to 12 months.
How to Serve Your Spouse in South Dakota
When you serve your spouse with the divorce documents, you should make sure you have evidence that the delivery was successful.
For example, you are allowed to send the papers by mail but in return, you must get a receipt confirming that your spouse accepted the delivery.
The other way is to serve your spouse personally, but you can’t do it by yourself. You may hire the sheriff or private process server. Note that these services are not free.
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Documents You Need to Get a Divorce in South Dakota
Every divorce case is unique, and you may need some special documents according to your certain situation, but below are some basic forms which are necessary for almost each uncontested divorce in South Dakota:
UJS 310 - Complaint (without Minor Children), or UJS 312 - Complaint with Minor Children.
UJS 304 A - Financial Affidavit.
UJS 311 - Summons.
UJS 324 - Stipulation and Settlement Agreement (without Children), or UJS 325 - Stipulation and Settlement Agreement (with Minor Children).
The forms which are assumed to be filed by the defendant as evidence that they were served with the divorce paperwork and want to respond are “UJS 317A - Admission of Service of Summons and Complaint” and “UJS316 Answer & Affidavit of Mailing”.
The form that finalizes the case is called “Judgment and Decree of Divorce”. It may have different codes depending on the case. The full list of forms is available on the state Judicial System website.
Online Divorce in South Dakota
Speaking of an uncontested divorce, preparation is half the battle. Although you cannot file for divorce without attending the courthouse, you can still complete the major steps online.
You can use the guidelines provided by the Unified Judicial System of South Dakota or our service can prepare your documents quickly and correctly. You do not have to learn all the legal information, laws, and rules just in order to sort out what forms need to be filled out according to your case. Fill in a short questionnaire, and we will be able to gather the unique paperwork kit, which will definitely be approved by the court. All you have to do is sign the papers.
Rules for child support and visitation in South Dakota
South Dakota has a special child support calculator to estimate the amount that needs to be paid as child support in a certain case. Typically, only the non-custodial parent has to pay child support. Nevertheless, it is assumed that the parent with whom the child lives and who is responsible for the child’s daily care contributes as well. Supporting the child is a common duty of both parents in South Dakota.
As for custody, it can be joint or split in the state of South Dakota. Joint custody means that both parents have the right to make some important decisions that affect the child’s life and spend a lot of time with them. According to the state family law, joint custody is the preferred option as it reflects the best interests of the child.
But even when split custody is committed, the non-custodial parent has the right to view the medical and school records of the child.
Parenting time can be arranged (and should be arranged) by the parents as they want. The point is, the South Dakota Visitation Guidelines provide only the minimal requirement for the parenting time schedules that can seem rather dry and not always reasonable. For example, for kids between 3 and 5 years, one overnight visit and one midweek visit are required of the non-custodial parent on alternate weekends. The law does not force you to follow the schedule, especially if your child is very attached to the other parent.
Rules for spousal support in South Dakota
Spousal support, also called alimony or spousal maintenance, is payment made from one spouse to the other in order to maintain the habitual way of life as it was prior to the divorce. Alimony can be requested by either spouse, but the court is empowered to award it only after taking into account a number of factors like the length of marriage, health condition of each party, both spouses' income and earning capacity, their contribution to the family welfare during the marriage, and others.
There are three main types of alimony that can be ordered in South Dakota:
Temporary.
Temporary alimony is paid until the divorce process is completed.
Permanent.
Permanent spousal support is usually monthly payment that should be paid until the recipient remarries or no longer requires support.
Restorative Alimony.
The time frame of such a payment may vary. Restorative alimony is earmarked for education, training, and obtaining some new job skills. Though this type of payment may provide less than the usual standard of living, it is quite reasonable and just. The so-called rehabilitative support is designed to help the recipient learn how to earn enough to support themselves and reach the desired level.
Division of property in South Dakota
South Dakota is an equitable distribution state, which means that property must be divided equitably and fairly. Meanwhile, "equitable" doesn’t mean "equal", so the proportions can actually vary.
When dividing property, the court must consider numerous factors and conditions. However, if you decide to write a Stipulation, property division turns out to be a main responsibility of both parties.
Anyway, you should can allocate between separate and marital property.
Separate property includes all that each spouse had prior to marriage, and some valuable gifts or inheritances given to them personally.
Marital property refers to all the real estate, assets, income, and benefits earned or acquired during the marriage regardless in whose name they are.
Marital property refers to all the real estate, assets, income, and benefits earned or acquired during the marriage regardless in whose name they are.
Division of Debt in South Dakota
Debts are considered to be part of property in South Dakota, so they are also subject to equitable division, and you probably won’t pay the debt you didn’t cause. But if you and your spouse decide to file for an uncontested divorce, you’d better regulate the property and debt issues independently by working on your written agreement (Settlement Agreement and Stipulation).
Divorce Mediation in South Dakota
Divorce mediation is aimed to help the spouses to negotiate during the divorce in order to reach a constructive agreement about all the significant terms of their post-divorce life.
According to the state laws, South Dakota courts should order mediation for every divorce case if there are some misunderstanding and disputes of child-related issues (parenting time, custody, child support).
During the session, the neutral qualified mediator guides the spouses through their divorce, helping to compromise and understand each other. Mediation is half a therapy and half a legal support, and the mediator is not allowed to give legal advice or order anything.
Though serving your spouse with the divorce paperwork is considered to be a mandatory step of the divorce proceeding, there is no need to worry if you fail. No one can force you to stay married. Even if you have no idea where your spouse is, you still can get a divorce.
This divorce option is known as Service by Publication.
After the unsuccessful attempts to locate the spouse in order to deliver the documents, you should get an Affidavit of Diligent Search form and submit it to the court. This paper must show the court all your efforts of searching for your missing spouse and prove that they really cannot be found.
If the court approves this Affidavit, you should request a Service by Publication. It implies that with the court’s permission, you publish a notice about your divorce case in a local newspaper of the county that is most likely to be your spouse's place of residence. The notice should be placed once a week for 4 weeks. Afterwards, if there is still no answer, you can seek for a default judgment, and the divorce will be granted without your spouse’s participation.
Default Divorce in South Dakota
A default judgment can take place both when the Defendant (the non-filing spouse) cannot be located (as mentioned above), and when they are served with the forms but still refuses to respond to the divorce Petition. In the second case, after 61 days after the documents were delivered, the Petitioner can file an Affidavit for Default.
If the default divorce occurs, the filing spouse can request the court of everything they specified in the Petition. Issues such as alimony, child custody, and support, property division will be resolved in the Petitioner’s favor.
Annulment of Marriage in South Dakota
The difference between divorce and annulment is subtle and significant at the same time. Whiles a divorce terminates the valid marriage, an annulment just cancels the marriage and considers it to be void and illegal from the very beginning.
However, the non-recognition of an annulled marriage doesn’t affect the kids of this union. The children born during the marriage are legitimate, and custody and support can be awarded as in the case of regular divorce.
In South Dakota, a marriage can only be annulled on the following grounds:
Bigamy.
Incest.
Impotence.
Underage marriage.
Duress (one of the spouses was forced to the marriage).
Fraud (the consent to the marriage was obtained by lies).
Mental incapacity or insanity of the spouse.
Legal Separation in South Dakota
Legal separation is another way to end your marriage in South Dakota. The whole procedure of legal separation is quite similar to a divorce. You file the Complaint and Summons, and you can resolve issues such as child custody, support, and alimony. You can also split your marital property as well, and you should sign a separation agreement with your spouse.
The main difference is that the spouses officially remain married and are not allowed to remarry.
The point is, there may be different reasons why people don't want to be officially divorced even when they live separate and apart for a long time - from religious views to some special insurance benefits and so on. Furthermore, legal separation can be a reasonable option if you don't meet the state residency requirements for divorce now, but want to separate as soon as possible. In order to file for legal separation, you must currently reside in the state and remain there until the action finalizes.
Same-Sex Divorce in South Dakota
Same-sex marriage and divorce were recognized in the state of South Dakota since the Supreme Court decision in June 2015. The governor of South Dakota was one of the first governors who expressed their intention to comply with this ruling.
Nowadays, same-sex divorce is governed by the same laws and rules as any dissolution case, regardless of whether the spouses got married prior 2015 or later, and where they got married. The South Dakota residency requirements for divorce are equal for all citizens.
Military Divorce in South Dakota
Speaking of uncontested divorce in South Dakota, there are some special features if one of the spouses is a military member.
First, you can file for divorce in South Dakota even if you are not a resident of the state. It is enough if you or your spouse is stationed there.
Second, the divorce proceedings can be postponed for the whole period of military member spouse’s active duty plus an additional 60 days after that. This way, the federal law (Soldiers and Sailors Civil Relief Act) protects military members from a default judgment against them.
Other filing rules are the same as for civil divorce, and the military spouse must be personally served with the divorce paperwork.
As for alimony and child support, these issues are regulated by Uniformed Services Former Spouses’ Protection Act in case of military divorce. According to this law, the military pension can be divided along with the other property only if the spouses were married for more than 10 years (and the spouse was an active duty military during these years). Furthermore, child support or alimony amount cannot be over 60% of the military member’s pay.
How to Divorce a Spouse in Jail in South Dakota
As the South Dakota usual template of an uncontested divorce doesn’t include any mandatory court hearing, to divorce an incarcerated person is not a big issue.
You should serve your inmate spouse with a sheriff’s service, and wait for a response. If they refuse to answer, the divorce can be granted by default.
If the spouse is convicted of a felony, it can be considered as a fault ground for divorce in South Dakota, but you should ask for legal advice for such a case.
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South Dakota 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?
If you can’t afford to pay the filing fee, the court may take it upon itself, but you should present evidence of your financial hardship.
In South Dakota, there is a special Motion & Order to Waive Filing Fee & Service of Process Fee. This form is related to your Financial Affidavit and explains your current financial condition. With this form you can ask the court to waive the fee.
How We Can Help
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specifically identified as being provided by DivorceFiller.com. Any rights not expressly granted herein are reserved
by DivorceFiller.com.
4. Limited Permission to Download
Company hereby grants you permission to download, view, copy and
print the Materials on any single, stand-alone computer (or, for Microsoft Agave users, one copy of the
Application on up to five devices affiliated with your Marketplace Windows Live ID account) solely for
your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark
notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other
website or in a networked computer environment and (iii) the Materials are not modified in any way, except
for authorized editing of downloadable forms for personal use. This permission terminates automatically without
notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to
immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this
Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and
communications
regulations and statutes.
5. ATTORNEY ADVERTISEMENT.
Attorneys advertised on this site are independent attorneys.
See the attorney
in your area who's responsible for
these advertisements. DivorceFiller.com 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.
6. Links to Third Party Sites
This Site and Applications may contain links to websites controlled by
parties other than Company (each a "Third Party Site"). Company works with a number of partners and affiliates
whose sites are linked with Company. Company may also provide links to other citations or resources with whom
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 OR SMALL CLAIMS
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 in small claims court or 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, or, where the amount at issue is within the venue’s small claims court’s jurisdiction, either party may demand small claims court in lieu of arbitration upon receipt of a Notice of Dispute.
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,
DivorceFormsFiller
16192 Coastal Hwy
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 or demand that the matter proceed in small claims court in lieu of arbitration, should the Demand be within the venue’s small claims jurisdiction. During an 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) Should neither party demand small claims court, 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 Company will not reimburse you for arbitration fees should you commence arbitration after it submits a demand for small claims court in lieu of arbitration. 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 that proceed in arbitration, 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 an 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) An 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, DivorceFiller.com 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 DivorceFiller.com.
DivorceFiller.comis not the publisher or author of the User Content. DivorceFiller.com
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, DivorceFiller.com takes reasonable steps to maintain
security.
If you have reason to believe system security has been breached, contact us by email for help.
If DivorceFiller.com'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, DivorceFiller.com reserves the right to delete those
files or to stop those processes. If the DivorceFiller.com technical staff suspects a user name is being used by
someone who is not authorized by the proper user, DivorceFiller.com may temporarily disable that user's access in
order to preserve system security. DivorceFiller.com will attempt to contact the member as soon as feasible.
DivorceFiller.com 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.
DivorceFiller.com 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 DivorceFiller.com 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 DivorceFiller.com 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,
anti-discrimination, 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 DivorceFiller.com 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 DivorceFiller.com.
DivorceFiller.com 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 DivorceFiller.com 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, DIVORCEFILLER.COM 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.
DIVORCEFILLER.COM 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.
NOTWITHSTANDING THE ABOVE, DivorceFiller.com 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 DIVORCEFILLER.COM 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 DIVORCEFILLER.COM HAS BEEN
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NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
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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 DivorceFiller.com Services, DivorceFiller.com 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 DivorceFiller.com through or in association with this Site shall be
considered non-confidential and DivorceFiller.com's property. By providing such submissions to DivorceFiller.com you hereby
assign to DivorceFiller.com, at no charge, all worldwide right, title and interest in and to the submissions and any
intellectual property rights associated therewith. DivorceFiller.com 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 DivorceFiller.com or using the DivorceFiller.com 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 DivorceFiller.com
user account.
DivorceFiller.com has adopted a policy that provides for the immediate removal of any content,
article or materials that have infringed on the rights of DivorceFiller.com or of a third party
or that violate intellectual property rights generally. DivorceFiller.com's policy is to remove
such infringing content or materials and investigate such allegations immediately.
Copyright Infringement:
Notice. DivorceFiller.com 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 DivorceFormsFiller 16192 Coastal Hwy Lewes DE 19958
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
DivorceFiller.com'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. DivorceFiller.com reserves the right
to terminate or delete such material from its servers. DivorceFiller.com 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.
DivorceFiller.com aims to provide full access to
its website and product offerings regardless of disability. If you are unable to read any part of the
DivorceFiller.com website, or otherwise have difficulties using the DivorceFiller.com 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.
Divorce Filler, LLC, DivorceFiller.com, all images and text,
and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of
Divorce Filler, LLC. All other trademarks, product names and company names or logos cited herein are the
property of their respective owners.
25. Inquiries.
BY USING DIVORCEFILLER.COM'S SERVICES OR ACCESSING THE
DIVORCEFILLER.COM SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR
TELEPHONE NUMBER OR EMAIL ADDRESS TO DIVORCEFILLER.COM VIA THE
DIVORCEFILLER.COM SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO
DIVORCEFILLER.COM, AND THAT DIVORCEFILLER.COM 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 DivorceFiller.com reserves the right to refuse
service to anyone and to cancel user access at any time.
27. Acknowledgement.
BY USING DIVORCEFILLER.COM'S SERVICES OR ACCESSING THE
DIVORCEFILLER.COM SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE
AND AGREE TO BE BOUND BY THEM. DivorceFiller.com is located at
16192 Coastal Highway,
Lewes, DE 19958.
Updated 03/08/2023
Please read these terms of service carefully before using this site.
1. I understand and agree that Divorce Filler, LLC (“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
Certain DivorceFiller.com products include subscriptions for continued access to our platform, customer service, and other features. If your purchase includes a subscription, it will be disclosed at the time of or before you checkout. If your purchase includes such a subscription, your
purchase provides access to the platform and support services for the period of time specified.
After that period of time, access automatically renews for an indicated period of time and your card will automatically be charged the current rate, as indicated at your time of purchase (rate subject to change).
Cancel renewals anytime by visiting My Profile.
Storage Subscription.
If you have purchased the DivorceFiller.com Storage subscription, DivorceFiller.com will electronically store your documents and data for easy data recovery.
Customers using DivorceFiller.com Storage are encouraged to keep original copies of their documents in a secure location. Notice that by canceling Storage subscription you
give DivorceFiller.com permission to delete all your data from our storage.
Fees. If 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. DivorceFiller.com 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 DivorceFiller.com
otherwise notifies you in advance under these Subscription Terms, the renewal charge will be equal to the
original
purchase price for the subscription. DivorceFiller.com may obtain automatic updates for any expiring credit
cards you have provided.
You must pay DivorceFiller.com 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, DivorceFiller.com is not obligated to provide this notice. You acknowledge that (i) your failure to read, (ii) your inability to receive, or (iii) DivorceFiller.com’s failure to send the email creates no liability for DivorceFiller.com.
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 1.877.483.0117 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. DivorceFiller.com 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, DivorceFiller.com has the discretion to charge you a prorated
portion of the costs to align your renewal date with your current subscription. DivorceFiller.com will provide you notice before doing so.
Fee Adjustments. DivorceFiller.com 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. DivorceFiller.com offers subscriptions of various lengths. DivorceFiller.com 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 DivorceFiller.com 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. DivorceFiller.com 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 1.877.483.0117 or by canceling online at My Profile.
Termination or Cancellation
By DivorceFiller.com. DivorceFiller.com 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 DivorceFiller.com 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, DivorceFiller.com 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, DivorceFiller.com 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 1.877.483.0117 or by canceling online at My Profile. After you have canceled, 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. Filing Service.
If you choose to purchase our filing services with a divorce package (sometimes called our Platinum Service or Premium Service), the
following provisions apply to you:
You are responsible for paying court filing fees. Depending on your location, that may require that you
obtain money orders or we may invoice you for the fees and pay them on your behalf.
Except as otherwise noted, filing services may include all mandatory or otherwise applicable court fees, expedite fees,
certified copy fees, walk-in fees, courier fees, e-filing fees, service fees, delivery fees, credit card fees, and other
transactional fees we are charged or incur on your behalf. Where fees are estimated, the difference between the actual fees and the amount charged will be retained as a convenience fee.
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.
DivorceFiller.com is not responsible for the cost of money orders lost in
return shipping.
As a courtesy, we may 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. The Company cannot guarantee your Mediation session(s) will successfully resolve disputes.
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 SPOUSE OR CO-PARENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT, WITH RESPECT TO THIS SECTION, YOUR SPOUSE OR CO-PARENT 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 or co-parent, 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 OR CO-PARENT.
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 Access Terms.
Attorney access (the “Attorney Access Program”) is provided through Singular Law PLLC (“Singular”). Your
relationship with Singular is governed by their
Limited Scope
Representation Agreement.”) Sessions will be provided by Singular and/or a partnering firm (the “Firm”).
Attorney access is available to the purchasing spouse or individual. If the non-purchasing spouse, or another
family member, wishes to engage in a consultation, such consultation may be available at the discretion of the
Firm.
Please note that DivorceFiller.com does not provide legal services. Attorneys made available through the Legal
Plan are third-party independent contractors who agree to provide legal services directly to you, not through
us, via a separate retention agreement between you and the Firm. Their contact information is provided as
advertising. The attorneys have agreed to provide telephone consultations related to subject matters about which
they represent that they are qualified in jurisdictions where they are admitted to practice. A conflict check
will apply. We will not select an attorney for you. We make no guarantees as to the substance of the attorney's
advice.
Nothing shall be construed to limit your right to retain, at your own expense, an unaffiliated attorney. We
shall not be obligated to pay for any such services.
Exclusions; Conflicts. The following items and matters are specifically excluded from the Attorney
Access Program, and are not to be considered or treated as Plan Benefits in the case as of the Legal Plan
(defined below):
Any action that directly or indirectly involves DivorceFiller.com or any of its parents, subsidiaries,
affiliates, directors, agents, or employees;
Any action that directly or indirectly involves any Firm providing legal services under the Attorney
Access Program; provided, however,that a Firm may, at its sole discretion and risk, represent you in a
matter in which another affiliated Firm is representing another party as legal counsel;
Any matter involving the laws of jurisdictions outside of the United States;
Any matter that, in the Firm's opinion, is frivolous in nature or objective; or
Any case matter or requested service that is determined by the Firm to lack sufficient merit to
warrant pursuit, or that the Firm decides has been raised an inordinate or unreasonable number of times
without a change in circumstances.
If you have purchased or otherwise received attorney sessions, you will be eligible to schedule the number
and length of sessions described in your offer. Sessions will be provided by the Firm.
If you have purchased or received a trial of a legal plan, you will receive a flat fee offering marketed by
Singular (the “Legal Plan”) with sessions provided by the Firm.
Benefits of the Legal Plan. The Legal Plan provides the following benefits (collectively, the
"Plan Benefits"):
Telephone consultations with the Firm, during normal business hours, of up to forty-five
minutes each, limited to one consultation for each new family law legal matter. Telephone
consultations may not include discussion of tax or business-related matters.
Review by the Firm of DivorceFiller.com generated documents. The Firm shall provide one (1)
telephone consultation about the reviewed document, during normal business hours, and advise the
Plan Member on any areas of concern and the legal implications of those provisions and their
conformity to state law.
Review by the Firm of other legal documents of up to ten (10) pages in length. The Firm shall
provide one (1) telephone consultation about the reviewed document, during normal business
hours, and advise the Plan Member on any areas of concern and the legal implications of those
provisions and their conformity to state law.
If a Plan Member engages the Firm for services that are not included in the Plan Benefits
described herein, the Firm shall provide such legal services at a twenty-five (25%) discount
from such Firm's standard rates for representation, as such rates are reported to us;
Not Insurance. The Legal Plan is not a contract of insurance or indemnification insurance
plan, and is not regulated as such. It is a flat fee offering provided by Singular and marketing through
us. We are not an insurance company and does not guarantee legal representation in every situation. The
Legal Plan provides customers with access to free and discounted legal services from the Firm.
Use.
General Practices. You acknowledge that we may establish general practices and limits
concerning use of the Legal Plan, including without limitation the maximum number of
complimentary attorney consultations you may receive in a given period of time related to one or
all subjects.
Right to Change Practices. You acknowledge that we reserve the right to change these
general practices and limits at any time, in our sole discretion, with or without
notice. However, you have the right to cancel your membership should we materially decrease
benefits.
Responsibility for Misuse. You are responsible for all expenses incurred or other
actions that may occur through your use of a Legal Plan. You must immediately alert us of any
fraudulent, unauthorized, illegal, or suspicious use of a Legal Plan, or any other breach of
security or unauthorized or illegal activity that you reasonably suspect.
Payment
Legal Plan Membership Fees. You will be charged in accordance with the billing terms
in effect at the time of your initial purchase, unless you are notified of a fee change in
accordance with "Fee Adjustments" below. For any Legal Plan you purchase that is charged in full
upon purchase, you agree that for each renewal term for such Legal Plan, the amount due for the
next term will be due and immediately payable in full as of the first day of that renewed term.
For each Legal Plan, your charge remains for each term no matter if you access the Legal Plan
during that term. In other words,
EVEN IF YOU DO NOT USE THE LEGAL PLAN BENEFITS OR SPEAK WITH AN ATTORNEY, YOU WILL BE
RESPONSIBLE FOR ANY PLAN MEMBERSHIP FEES UNTIL YOU CANCEL YOUR MEMBERSHIP OR IT IS OTHERWISE
TERMINATED. For more information regarding canceling your Legal Plan subscription, see
the
"Termination or Cancellation" section below.
Billing.
To allow payment for the initial term of a Legal Plan, valid credit card information
is due at the time of purchase.
If you have purchased an automatic renewing plan, your Legal Plan subscription will
renew automatically at the end of the initial term (the "Billing Date") and at the end
of each term thereafter unless and until you give notice of your intention to terminate
your Legal Plan subscription pursuant to the terms of this Agreement. If you do not give
us notice of such intention, your credit card will be charged for the renewal term of
your Legal Plan 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. We may adjust your Billing Date in subsequent
renewal periods without notice. This will be reflected by a charge to your account on a
pro-rated basis according to the number of days that have passed since the Billing Date
of your latest renewal charge. Unless otherwise notified in advance pursuant to this
Agreement, the renewal charge will be equal to the original purchase price for the Legal
Plan.
You agree to pay the fees associated with your Legal Plan subscription. Additional
discounts may be available for members purchasing multiple months up front, as part of
certain promotions which may include additional terms and conditions presented with the
offer, or where limited by law.
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, we are not obligated to provide this notice. You acknowledge that (i) your failure to
read, (ii) your inability to receive, or (iii) our failure to send the email creates no
liability for us.
Promotional Trial Memberships. We sometimes offer certain customers various trial or
other promotional memberships, which are subject to this Agreement except as otherwise stated in
the promotional offers. AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL
VIA THE MY ACCOUNT PORTAL OR BY CALLING
877-483-0117, YOUR LEGAL PLAN
MEMBERSHIP WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR
INITIAL TERM.
Attorney Fees. Fees for non-complimentary attorney services provided pursuant to a
Legal Plan membership shall be paid directly to the providing Firm. Participating Firms and
attorneys are not our employees or agents.
Fee Adjustments. We may increase our fees for a Legal Plan membership effective the first day
of a renewal term by giving you notice of the new fees at least thirty (30) days before the beginning of
the renewal term. If you do not cancel your membership pursuant to these terms, you shall be deemed to
have accepted the new fee for that renewal term and any subsequent renewal terms (unless the fees are
increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the
next renewal term without any pro rata for the period covered under the prior fee schedule.
Termination or Cancellation.
By Us.
If payment is not made on the Billing Date, you have not made any payment on your
Legal Plan membership, your non-payment may result in suspension of service and
subsequent termination of your Legal Plan membership.
Your right to use a Legal Plan membership is subject to any limits established by us
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, we reserve the right,
in our sole and absolute discretion, to suspend or terminate your access and account,
thereby terminating this Agreement and all of our obligations hereunder. If a charge
made to your credit card is declined, we may make multiple attempts to bill that card
over a thirty-day period.
If you wish to reactivate your account after such termination, there will be no setup
or reactivation fees; provided, however, accounts terminated for non-payment will be
reactivated only on receipt of the full amount past due and a written request to
reinstate the account. When an expired account is reactivated, the new term begins on
the date of reactivation.
By You. You will have the right to cancel your Legal Plan membership by calling our
Customer Care Center at 877-483-0117 or by cancelling online through the My Account portal. After such cancellation, your
Legal Plan will remain active until the end of then-applicable period.
Services after Termination. After termination of your Legal Plan membership, either by
you or by us, you will not be able to access the corresponding Legal Plan offerings.
Dispute Resolution. The parties agree to arbitrate all disputes and claims pursuant to these Terms of
Service. You have the additional right to file a complaint with an attorneys’ state bar association concerning
the conduct of a Firm attorney.
Professional, Independent Attorney Judgment. Attorneys performing legal services under the terms of
this Agreement are not our agents or employees. Any attorney rendering legal services as part of the Attorney
Access Program shall maintain the attorney-client relationship with the customer, and is solely responsible to
the customer for all legal services provided. It is within the sole discretion of the attorney to determine
whether claims or defenses pertaining to any matter under this Agreement present a frivolous or otherwise
unmeritorious claim or defense. Participating attorneys reserve the right to make independent professional
judgments regarding such presentations. We will in no way influence or attempt to affect the rendering of
professional services of the participating attorneys.
Internal Revenue Service (IRS) Circular 230 Tax Advice Disclosure. To ensure compliance with
requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in
any communication from us (including information provided by a Firm or an attorney offering a free consultation)
is and was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties
under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters
addressed therein.
10. ATTORNEY ADVERTISEMENTS. Attorneys advertised on this site are independent
attorneys.
See the attorney
in your
area who's responsible for these advertisements. DivorceFiller.com 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. DISPUTE RESOLUTION BY BINDING ARBITRATION OR SMALL CLAIMS.
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 in small claims court or 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, or, where the amount at issue is within the venue’s small claims court’s jurisdiction, either party may demand small claims court in lieu of arbitration upon receipt of a Notice of Dispute.
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,
DivorceFormsFiller
16192 Coastal Hwy
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 or demand that the matter proceed in small claims court in lieu of arbitration, should the Demand be within the venue’s small claims jurisdiction. During an 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) Should neither party demand small claims court, 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 Company will not reimburse you for arbitration fees should you commence arbitration after it submits a demand for small claims court in lieu of arbitration. 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 that proceed in arbitration, 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 an 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) An 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.
17. Installment Plans.
(a) Affirm. When making a purchase, you may be offered the option to purchase through Affirm, Inc. (“Affirm”), a third party.
Purchases made through Affirm are subject to the Affirm Terms of Service and
Privacy Policy.
(b) Company Installment Offering. In the alternative, certain customers are offered a Company-sponsored installment payment plan.
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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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 canceled for any reason.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. Right to refuse.
I acknowledge that Company reserves the right to refuse service to anyone.
24. I acknowledge that DivorceFiller.com 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.
25. I acknowledge that I have had the opportunity to view sample templates of DivorceFiller.com documents and may
call Company Customer Care at 877-483-0117 with questions or for assistance locating sample
templates.
26. By proceeding with my purchase, I agree to these Terms of Service.
Updated 12/08/2023
Effective Date: 01/01/2021 Last Revised on: 03/08/2023 Last Reviewed on: 03/08/2023
DivorceFiller, 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 Privacy Policy is incorporated into Our
Terms of Use, and Our Terms of Use and
Terms of Service
also apply to information you provide to Us through the website or by using Our services.
If you are a California resident, please review Our
Notice at Collection and Privacy Policy for California Residents
and see the applicable state-specific section below. If you are a Colorado,
Connecticut, Nevada, Utah or Virginia resident, please see the applicable section below for state
privacy rights that may apply to you.
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
“Personal information” is information that identifies, relates to, or could reasonably be linked with you or your
household. The definition of Personal Information does not include publicly available information from federal,
state, or local government records, such as professional licenses and real estate or property records.
“Sensitive Personal Information” (“SPI”) is a subset of Personal Information that includes certain government
identifiers (such as social security numbers); an account log-in, financial account, debit card, or credit card
number with any required security code, password, or credentials allowing access to an account; precise geolocation;
contents of mail, email and text messages; genetic data; biometric information processed to identity a consumer;
information concerning a consumer’s health, sex life, or sexual orientation; or information about racial or ethnic
origin, religious or philosophical beliefs, or union membership.
As a general rule, We limit the Personal Information We collect to that which is necessary for Us to provide Our
services. We collect several types of Personal 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; We may also receive
information from third party websites and applications, such as payment processors or social media sites
that you may have used to “Share” or “Forward” information from or about Us; 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 device or equipment you use to access Our Site, location information, and information
collected through cookies, pixels, web beacons, or other tracking technologies.
Social security number protection policy
Social Security numbers are classified as “Confidential” information and SPI 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 process your payments;
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 engage in analysis, research, and reporting regarding the use of Our Site and Our services;
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; or
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. We may use this non-Personal Information for any purpose, including without limitation, for research and
marketing purposes, and may also share such aggregated, deidentified or anonymized data with third parties,
including advertisers, promotional partners, and others.
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. No data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of
information can be guaranteed 100% secure. 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. You provide Us with your information at your own risk.
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 age of 16
Our Site is not intended for children under 16 years of age. No one under age 16 may provide any information to or on
the Site. We do not knowingly collect personal information from children under 16. If you are under 16, 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 16 without verification of parental consent, We will delete that
information. If you believe We might have any information from or about a child under 16, please contact Us in one
of the ways provided in the Contact Information section below to request the deletion of that information.
Visitors of the site outside United States and Canada
This Site is not intended for visitors outside of the United States and Canada. We do not direct Our activities at
users outside of the United States and Canada. If you are visiting the Site from a location outside the U.S. or
Canada, your connection will be through and to servers located in the U.S. All information you receive from the Site
will be created on servers located in the U.S., and all information you provide will be maintained on webservers and
systems located within the U.S. The data protection laws of the U.S. or Canada may differ from those of the country
in which you are located, and your information may be subject to access requests from governments, courts, or law
enforcement in the United States, according to the laws of the United States. By using the Site or providing Us with
any information, you consent to the transfer to, and processing, use, sharing and storage of, your information in
the U.S.
Do not track
We will respect Web browser “do not track” signals. 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.
Global privacy controls
Certain web browsers or extensions may offer you the ability to turn on a global privacy control (“GPC”) signal that
will allow you to opt out of the sale of your data if it is activated. Other web browsers may not offer the GPC
signal. We recognize and honor global privacy control signals on browsers that support it, but your choice to opt
out may not be recognized if you subsequently use another browser or device that does not support GPC signals.
Please note that We currently do not associate your browser or device IP address with your email address or other
account information, so if you choose to opt out from the sale of your IP address by using a GPC signal, it may not
affect your advertising or marketing choices for your email address or account information. You may select your
communication preferences within your account and adjust your cookie settings through Our Do Not Sell My Personal
Information pop up.
Controlling your cookies
To sign up for information or services with Us, you must have cookies enabled on your internet browser. If you choose
not to enable cookies, you will still be able to browse Our Site, but it will restrict some of the functionality of
Our Site and what you can do.
We may use Tracking Technologies, including cookies, to provide you with a personalized experience. Cookies can be
used to do several things, for example, enabling certain functions of the Site, enhancing security, improving
functionality, remembering your preferences, or counting the number of people looking at Our Site (analytics). We
also may use them to keep track of what you’ve done on the Site, and how to get you back to where you were during
your last visit.
First party cookies originate from the same domain as the website you’re currently visiting. Third-party cookies
originate from a domain that’s different from the website being visited. For example, when you visit Our website, We
may link to another company’s website, or another company like Google Analytics, Bing Analytics, and/or Facebook,
may place cookies on your device to provide Us with analytics on Our website visitors, to let Us know if you view
Our content, or provide advertising to you. We don’t control how these third parties use their cookies, so We
suggest you check their website to see how they’re using them and how you can manage them. How Google/Doubleclick
uses Cookies is here;
Bing/Microsoft’s privacy policy is here;
and Facebook’s privacy policy is here
Information on controlling and deleting cookies, including on a wide variety of browsers, is also available at
allaboutcookies.org.
Some of the more popular browsers (and links to maintain your cookies on each) are:
Microsoft Edge Firefox Safari Google Chrome
It is not currently possible for you to synchronize your cookie settings between your browsers and devices (e.g.,
your computer and your smartphone), so you must manage your cookies on each browser and on each device you use.
Your choices about the information we collect
If you wish to change your marketing preferences, you may click the link on any email you receive from Us, or use the
information in Our Contacting Us section below to opt out of the sharing of your information for marketing purposes.
Your choice will not affect Our ability to share information in the other ways described in this Privacy Policy.
Certain states, as set forth below, may provide you with additional options regarding your Personal Information.
State specific privacy notices
California – If you are a California resident, you have the right under the California Consumer Privacy Act,
upon a verified request, to:
To know the categories of personal information being collected about you, the purposes for which the categories of information are collected or used, and whether that information is sold or shared;
To know the length of time We intend to retain each category of personal information;
To know whether your personal information is sold or disclosed and to whom;
To access your personal information;
To delete the information you have provided to Us, with certain exceptions;
To correct your personal information;
To reject automated decision making and profiling;
To access information about automated decision making;
To opt out of the sale of personal information;
To know if Sensitive Personal Information (“SPI”) is being collected about you, the categories of SPI being collected, the purposes for which the categories of SPI are collected or used, and whether the SPI is sold or shared;
To limit the use of your SPI if it is used for cross-contextual behavioral advertising or for the purposes of inferring characteristics about you; and
Not to be discriminated against, even if you exercise your privacy rights.
To exercise these California rights, you or your authorized agent may make a request to know, access, correct,
delete, opt out of the sale or sharing of your personal information, limit the use of your SPI, or reject automated
decision-making and profiling by sending Us a request using the information in the Contacting Us section below,
calling Us toll-free at 877-483-0117 or by using this
webform.
We have also provided Our California Notice at Collection for Consumers
here,
which contains additional information about the Personal Information we collect.
While We do not sell or share your information for monetary purposes, the definition of “sale” in California includes
the sharing of Personal Information for targeted advertising and analytics, so you may contact Us to opt out of the
“sale” of information for this purpose. You may contact Us to limit the use or sharing of your SPI, specifically,
your geolocation information, if you have enabled it. We never share your Social Security Number for any purpose
other than the purpose for which you have provided it to Us.
If you use an authorized agent to submit your request, We may require proof of the written authorization you have
given. We also may require you to confirm your identity and your residency in order to obtain the information, and
you are only entitled to make this request free of charge once per year. For additional requests within a 12-month
period, We may charge you an additional amount. For emails, please include “California Privacy Rights” as the
subject line. You must include your full name, email address, and attest to the fact that you are a California
resident. We will process your request within 45 days or let you know if We need additional time or cannot process
your request. If you make this request by telephone, We may also ask you to provide the request in writing so that
We may verify your identity. If We are unable to honor your request, We will notify you of the reason within the
request time period.
If you are a California job applicant, employee/former employee, or independent contractor for the Company, we
provide an additional California Notice at Collection for Employees and Job Applicants.
Colorado [Effective July 1, 2023] – If you are a Colorado resident, you have the right under the Colorado
Privacy Act, upon a verified request, to:
To confirm whether a controller is processing your personal data and to access such personal data;
To correct inaccuracies in your personal data;
To delete your personal data;
To obtain a copy of your personal data that you previously provided to Us in a portable, and if technically
feasible, readily usable format, if processing is carried out by automated means;
To opt out of the processing of your personal data for purposes of (i) targeted advertising, (ii) the sale of
personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant
effects concerning the consumer.
To exercise these Colorado rights, you or your authorized agent may make a request to confirm, access, correct,
delete, obtain a copy, or opt-out of the processing of your personal data for targeting advertising, sale, or
profiling by using the information in the Contacting Us section below.
If you use an authorized agent to submit your request, We may require proof of the written authorization you have
given. We also may require you to confirm your identity and your residency in order to obtain the information, and
you are only entitled to make this request free of charge once per year. For additional requests within a 12-month
period, We may charge you an additional amount. For emails, please include “Colorado Privacy Rights” as the subject
line. You must include your full name, email address, and attest to the fact that you are a Colorado resident. We
will process your request within 45 days or let you know if We need additional time or cannot process your request.
If you make this request by telephone, We may also ask you to provide the request in writing so that We may verify
your identity. If We are unable to honor your request, We will notify you of the reason within the request time
period. If We decline to take action on your request, you can appeal Our decision within a reasonable time period
after We’ve notified you of Our decision by submitting an email to the address in Our Contacting Us section below
entitled “Colorado Privacy Rights Appeal.” We will review your request and respond within 45 days of the receipt of
your appeal, along with a written explanation of the reasons for Our decision.
Connecticut [Effective July 1, 2023] – If you are a Connecticut resident, you have the right under the
Connecticut Data Privacy Act, upon a verified request, to:
To confirm whether or not a controller is processing your personal data and to access such personal data;
To correct inaccuracies in your personal data;
To delete personal data provided by, or obtained about, you;
To obtain a copy of your personal data that is processed by Us in a portable, and if technically feasible,
readily usable format, where the processing is carried out by automated means, as long as it does not require Us
to reveal any trade secret;
To opt out of the processing of your personal data for purposes of (i) targeted advertising, (ii) the sale of
personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant
effects concerning the consumer.
To exercise these Connecticut rights, you or your authorized agent may make a request to confirm, access, correct,
delete, obtain a copy, or opt-out of the processing of your personal data for targeting advertising, sale, or
profiling by submitting a written request to Us using the information in the “Contacting Us” section below.
If you use an authorized agent to submit your request, We may require proof of the written authorization you have
given. We also may require you to confirm your identity and your residency in order to obtain the information, and
you are only entitled to make this request up to twice annually. For emails, please include “Connecticut Privacy
Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a
Connecticut resident. We will process your request without undue delay, but within 45 days of your request, or let
you know if We need additional time or cannot process your request. If you make this request by telephone, We may
also ask you to provide the request in writing so that We may verify your identity. If We are unable to honor your
request for any reason, We will notify you of the reason.
If We have refused to act on your Connecticut request, you can appeal Our decision by submitting an email to the
address in Our Contacting Us section below entitled “Connecticut Privacy Rights Appeal” and We will review your
request and respond within 60 days of the receipt of your appeal with a written explanation of the reasons for Our
action or inaction. If your appeal is denied, you may submit a complaint to the
Connecticut Attorney General.
Nevada – If you are a Nevada resident, you have the right to request certain information from Us regarding
the collection and sale of your personal information (as defined in Nevada Revised Statutes 603A.320) during your
visit to Our websites or when you otherwise interact with Us online. If you have sought or acquired, by purchase or
lease, any goods or services for personal, family, or household purposes from Us, you may ask Us to disclose whether
We have sold for monetary consideration certain information about you (specifically, your first and last name,
physical address, email address, telephone number, social security number, an identifier that allows you to be
contacted either physically or online, or other contact information that allows us to identify you personally). We
do not “sell” Personal Information as that term is defined under Nevada law.
As a Nevada resident, you may also request to opt out of us sharing such information about you. To make this inquiry,
please submit a request in writing to Us using the information in the “Contacting Us” section below with “Nevada
Privacy Rights” in the subject line. You must include your full name, email address, and attest that you are a
Nevada resident by providing a Nevada postal address in your request. Please state whether you are requesting
information and/or opting out.
We will process your Nevada request within 60 days, or We will let you know if We need additional time. We may
require additional information to verify your identity before We can respond.
Utah [Effective December 31, 2023] – If you are a Utah resident, you have the right under the Utah Consumer Privacy Act, upon a verified request, to:
To confirm whether or not a controller is processing your personal data and to access such personal data;
To delete personal data provided by you;
To obtain a copy of your personal data that you previously provided to Us in a portable, and if technically
feasible, readily usable format, where the processing is carried out by automated means;
To opt out of the processing of your personal data for purposes of (i) targeted advertising, or (ii) the sale of
personal data.
To exercise these Utah rights, you or your authorized agent may make a request to confirm, access, correct, delete,
obtain a copy, or opt-out of the processing of your personal data for targeting advertising, sale, or profiling by
submitting a written request to Us using the information in the “Contacting Us” section below. We do not “sell”
Personal Information as that term is defined under Utah law.
If you use an authorized agent to submit your request, We may require proof of the written authorization you have
given. We also may require you to confirm your identity and your residency in order to obtain the information, and
you are only entitled to make this request up to twice annually. For emails, please include “Utah Privacy Rights” as
the subject line. You must include your full name, email address, and attest to the fact that you are a Utah
resident. We will process your request within 45 days of your request, or let you know if We need additional time or
cannot process your request. If you make this request by telephone, We may also ask you to provide the request in
writing so that We may verify your identity. If We are unable to honor your request for any reason, We will notify
you of the reason.
Virginia – If you are a Virginia resident, you have the right under the Virginia Consumer Data Protection Act,
upon a verified request, to:
To confirm whether or not a controller is processing your personal data and to access such personal data;
To correct inaccuracies in your personal data;
To delete your personal data;
To obtain a copy of your personal data that you previously provided to Us in a portable, and if technically
feasible, readily usable format, if processing is carried out by automated means;
To opt out of the processing of your personal data for purposes of (i) targeted advertising, (ii) the sale of
personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant
effects concerning the consumer.
To exercise these Virginia rights, you or your authorized agent may make a request to confirm, access, correct,
delete, obtain a copy, or opt-out of the processing of your personal data for targeting advertising, sale, or
profiling by submitting a written request to Us using the information in the “Contacting Us” section below. Please
note: We do not “sell” Personal Information as that term is defined under Virginia law.
If you use an authorized agent to submit your request, We may require proof of the written authorization you have
given. We also may require you to confirm your identity and your residency in order to obtain the information, and
you are only entitled to make this request up to twice annually. For emails, please include “Virginia Privacy
Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a
Virginia resident. We will process your request within 45 days or let you know if We need additional time or cannot
process your request. If you make this request by telephone, We may also ask you to provide the request in writing
so that We may verify your identity. If We are unable to honor your request for any reason, We will notify you of
the reason within the request time period.
If We decline to take action on your Virginia request, you can appeal Our decision by submitting an email to the
address in Our Contacting Us section below entitled “Virginia Privacy Rights Appeal” and We will review your request
and respond within 60 days of the receipt of your appeal with a written explanation of the reasons for Our decision.
If your appeal is denied, you may contact the
Virginia Attorney General.
to submit a complaint.
Canadian privacy notice
Canadian laws provide specific privacy rights to our Canadian customers. If you are a resident of Canada, this
section applies in addition to all other applicable rights and information contained in this Policy.
Where applicable, We follow applicable Canadian federal and provincial privacy laws ('Canadian Privacy Law'),
including:
The Personal Information Protection and Electronic Documents Act (PIPEDA)
Alberta’s Personal Information Protection Act (Alberta PIPA)
British Columbia’s Personal Information Protection Act (BC PIPA)
Québec's Act respecting the protection of personal information in the private sector (Québec Act).
Consent. In most cases, we rely on implied consent to collect, use, or disclose your personal information. In
some circumstances, including those involving sensitive personal information, we obtain express consent. Where you
have provided your consent to the collection, use, and transfer of your personal information (whether orally, in
writing, or electronically), you may have the legal right to withdraw your consent under certain circumstances. In
addition to the methods described above with respect to your privacy choices, you may withdraw your consent by
submitting a request using the information in the “Contacting Us” section below. Please note that if you withdraw
your consent, We may not be able to provide you with a particular product or service. We will explain the impact to
you at the time of your request to help you with your decision.
Use of Your Personal Information. We will not collect, use, or disclose personal information except for the
identified purposes identified above (See Disclosure of Your Information), unless we have received additional
consent or the processing is authorized without consent. Where we engage service providers who utilize the Personal
Information we provide to them, those relationships are governed by a written agreement regarding the
confidentiality of your information.
Canadian Access and Challenge Rights Canadian Privacy Law provides the right to receive information about the
existence, use, and disclosure of your personal information and be provided access to that information. You may also
challenge the accuracy and completeness of your personal information and have it amended as appropriate. Depending
on the nature of the challenged information, amendment may involve correction, deletion, or addition of information.
Exercising Your Canadian Privacy Rights. If you have an account with Us, you may view and update your account
information (as noted above) directly by logging into your account. To submit a request for access to information
not contained within your account, or to challenge the accuracy or completeness of your personal information, you
may also submit a written request using the information in the “Contacting Us” section below. When submitting a
request, We also may require you to confirm your identity and your residency in order to obtain the information.
For emails, please include “Canadian Privacy Rights” as the subject line. You must include your full name, email
address, and attest to the fact that you are a Canadian resident, and provide your province of residence. We will
begin processing your request once you have completed the verification process and will respond within the timeframe
required by law.
If We cannot substantively respond to your request in a timely manner, We will notify you and state the reason for
the delay. Under certain circumstances, We may not be able to fulfill your request, such as when doing so would
interfere with Our regulatory or legal obligations, where We cannot verify your identity, or if your request
involves disproportionate cost or effort. However, We will respond to your request within a reasonable time, as
required by law, and provide an explanation.
Additional information about how to exercise your rights under Canadian Privacy Law can be found here:
It is Our policy to post any changes We make to Our privacy policy on this page. Those changes will be effective the
next time you use Our services, so please check this policy periodically.
Contacting us
If there are any questions regarding this privacy policy you may contact Us via telephone
877-483-0117 or at
support@divorcefiller.com
or via mail at Attn: General Counsel at
16192 Coastal Highway,
Lewes, DE 19958.
Effective Date: 01/01/2021 Last Revised on: 03/08/2023 Last Reviewed on: 03/08/2023
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
For each category, how long we retain the personal information
Notice that we do not sell or share your personal information, if applicable
Your right to access your personal information
Your right to request correction of your personal information
Your right to request deletion of your personal information
Your right to opt out of the sale or sharing of your personal information
Your right to limit the sale or sharing of your sensitive personal information, if used for
cross-contextual behavioral advertising, if applicable
Your right to access information about automated decision making, if applicable, and your right to
reject automated decision making and profiling
How to submit a verified consumer request for your Rights to Know, Correct, or Delete, opt out, or limit
the sharing of sensitive personal information
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.
[ x ]
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
[ x ]
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.
[ x ]
L. Sensitive Personal Information: For example, social security number, driver’s license number,
account login, debit or credit card number in combination with password or PIN, precise geolocation
(less than 1850 sf radius), racial/ethnic origins, religious or philosophical beliefs, union membership,
contents of emails or texts to others, genetic/biometric data, health information, sex life/sexual
orientation data.
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 do not use any sensitive personal information you directly provide to us such as social security numbers or
government identification for cross-context behavioral advertising, but if you have enabled location services, your
geolocation information may be used for this purpose. You may limit the use of your geolocation information for this
purpose by making a request as outlined below, or by turning off location services on your device. We never collect
sensitive personal information for the purpose of inferring characteristics about you.
We will not collect additional categories of personal information without providing you a new Notice at Collection
disclosing those categories.
Privacy Policy
This Notice at Collection is for California residents only and supplements and is incorporated into our main Privacy
Policy.
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
[ x ]
[ x ]
In the context of customer care call recordings:
Help Desk service providers
Customer relationship management tool providers
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
[ x ]
[ x ]
In the context of customer care call recordings:
Help Desk service providers
Customer relationship management tool providers
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
Your Right to Correct Your Personal Information
You have the right to request that we correct any of your personal information collected by us that is inaccurate,
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 decline to process your correction request if we are unable to verify your identity, if the request is
manifestly unfounded or excessive, or if the information is publicly available information, certain medical
information, consumer credit reporting information, or other types of information exempt from the CCPA.
Your Opt-Out Choices
While we do not sell or share your personal information for monetary purposes, the definition of “sale” in California
includes the sharing of personal information for targeted advertising and analytics. Because we use companies like
Google Analytics and Facebook ads, our non-monetary uses of your personal information may be considered a “sale”
under the CCPA. You may contact us to opt out of the sharing of your information for this purpose. We do not
knowingly sell the personal information of minors under 16 years of age. You also may contact us to limit the use of
your sensitive personal information, specifically, your geolocation information, if you have enabled it. We never
share your Social Security Number for any purpose other than the purpose for which you provided it to us.
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, correct information, or for deletion. You
may also request to opt out of the sale or sharing of your personal information, or to limit the use of your
sensitive personal information.
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;
The business or commercial purpose for collecting or selling personal information;
The length of time we intend to retain each category of 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 16: We accept requests for minors under the age of 16 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, Correct, or Delete Household Information
We will not comply with a request to know specific pieces of information, correct personal 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
16, 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 honors Web browser “do not track” signals.
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.
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.
