Category : Divorce Papers

Home»Archive by Category "Divorce Papers" (Page 4)

Online Divorce Forms; This week in Divorce News


As we approach the summer there has been a bevy of recent divorce news that can be found on the internet. This week we will tray and recap the news for our blog. As one of the leading providers on online divorce forms and divorce information we try to provide as much current how to get a divorce information as possible spanning all parts of the globe and all genres of divorce and the impact it has on our society.

From the world of sports we have a couple of divorce related stories. NFL All-Pro cornerback Quentin Jammer of the San Diego Chargers had one of the least productive seasons since joining the National Football League. Jammer, known as one of the NFL’s premiere cornerbacks recently admitted in an interview that his recent California divorce had without question impacted his on the field performance. When we think of professional sports sometimes we overlook the fact that these players are no different then a dentist or an auto mechanic, they have personal lives that sometimes will impact their professional lives. That is not weakness-that is humanist.

Also in the world of sports, or pseudo sports comes news of professional wrestler John Cena’s divorce. Yahoo Sports is reporting that the cause of the rift between Cena and wife Elizabeth, was tension that started over a home remodeling project. As the leading producer of Online Divorce Forms, we can clearly state that while they might cite the remodeling project as the spark, these issues generally stem from much larger issues that are not being effectively communicated. Much like the straw that broke the camel’s back and without knowing anything about the Cena’s, we have seen it all too often where a silly excuse for divorce which, at the surface seems ludicrous, is actually just the band aid on a much larger situation. In the case of Cena, his case is a bit different then Jammers, as Jammer actually is competing in a legitimate athletic endeavor.

From the Huffington Post we saw a story about celebrities who most people probably did not know were divorced. At the top of list comes Hollywood Playboy and all around ladies man George Clooney. Indeed the legendary bachelor was once married to Mad Men star Talia Balsam. Indeed, Clooney was married to Balsam from 1989 to 1993. We wonder if this news was simply not important enough to report or Clooney’s management felt that this news maybe would hurt his image as the swinging bachelor. We will go on record as saying, that while we are leaders of providing online divorce forms and not movie critics, we look forward to the day when Clooney can convincingly play a man who has problems attracting women and is not particularly clever not witty.

And finally from the Wall Street Journal we learned of the perils and pitfalls of dividing a 401K account during the divorce process. According to the story there is something known as Qualified Domestic Relation order which establishes a former spouses right to a portion of the ex’s retirement benefits. These type of legal claims states that spouses can mutually agree on how to split the account, and if they cant the court will step in and decide on their behalf with each state having different rules regarding the distribution.

Heidi Klum: Too Soon with new Beau?


Supermodel  Heidi Klum has gone through a very public divorce since her announcement in late January, of a split between her and now ex-husband Seal. The pair had been married for 7 years, and have 4 children together. Irreconcilable differences were cited as the reason for the split and ever since then, the two have not been out of the headlines.

Just weeks after the split, Seal was quoted as saying to celebrity gossip giants, TMZ, that Heidi had sparked a new relationship with “the help”. This remark was in reference to Heidi’s bodyguard Martin Kristen, who has worked for the family for four years.

These remarks made by Seal, ignited a firestorm of back and forth rants between both Heidi and Seal in the media over the last 7 months. Soon after Seal accused Heidi of infidelity, Heidi quickly released a scathing statement denying any such relationship with Martin Kristen. Seal then retracted his previous statement, claiming that he only meant the relationship had formed after the split and before the divorce was finalized.

I however, am not so sure. Seal seemed all too convincing in his first statement, almost adamant on the fact that Heidi had committed adultery.

Fast forward to today. How the story has come full circle. Klum, appeared on the Katie Couric talk show early Wednesday morning, where she announced that was indeed seeing her bodyguard of four years. So it begs the question, “why lie about it in the first place?” and better still, “is this too soon after the rumors and the divorce proceedings to date?”

From the outside looking in, one would have to lab towards yes, this is a little too soon. Klum has four children under the age of 8, and her divorce as well as the issues of child support and child custody have yet to be finalized. But, who are we to judge?

Alas, the ugly side of divorce has reared its head once again. Even when divorce papers are filed and signatures have been put on the dotted line, theres always something that comes back around. The celebrity world seems to have this in the headlines every week. Are there really any “amicable” divorces anymore?

Social Media Divorce: Facebook [Dis]Connecting Couples


Social networking giant, Facebook, has been shown to be the biggest home wrecker since Marilyn Monroe in a recent United Kingdom study. In Divorce Online’s survey of 5,000 people, 33% of the divorces cited Facebook to be a contributing factor. A similar survey in 2009 recorded only 20% of divorces citing Facebook or social networking websites as a cause for divorce.

Online networking websites are influencing divorces more and more, and here is why: With one fell click, wandering eyes can turn into flirty instant messaging and more. New friends, and lovers, can be collected by the hundreds in a matter of minutes. The most common cause cited in Facebook-induced divorce was inappropriate messaging with someone of the opposite sex. As it turns out, the most wonderful aspect of social media is turning out to be too much to resist for couples.

However, on a more basic level, Facebook and social media have been shown to apply new stresses to relationships. Jealousy is an age-old vice, but with constant input over significant other’s statuses, check-ins, new friends, and conversations, it’s difficult to put that nagging suspicion to rest. The two most common stresses on relationships due to social media are sharing too much personal information on profiles, and the tagging of ex-boyfriends or ex-girlfriends in photos. Another root of the social media wedge between modern couples leading to more filing for divorce is the ease one can discover information about a person’s past. But people unsuspecting of their double-timing spouse can sometimes come across heartbreaking discoveries on social media sites, too.

The O’Neils, a Tacoma, Washington couple, found themselves in a news flurry when Mrs. O’Neil found her husband’s second wife in the “People You Might Know” column on Facebook. In March 2012, the first Mrs. O’Neil reported her husband to the police. Mr. O’Neil was then charged with a gross misdemeanor (no pun intended) for bigamy. According to Mr. O ‘Neil, he filed for divorce from the first Mrs. O’Neil and left the paperwork with a neighbor to file, who forgot to do so.

More and more, Facebook and other social media platforms have been shown to still cause problems for couples even after divorce. Ex-spouses are known to vent their frustrations and anger over Facebook statuses or Twitters. In 2012, 20% of Twitter users petitioned courts with behavior allegations against spouses or ex-spouses for publishing insensitive or snide material about them online.

Social media sights were implemented and touted as great pathways for communication and keeping family, friends, and significant other’s closer. So far this is proving true: Facebook is allowing communication to go both ways, both the good and bad communication. Yet it’s also allowing the ugly to come along for the ride. And on a side note, we should not be surprised that with more use of social media interaction and the convenience on the internet, more people are filing their divorce forms online.

Disability & Divorce

The law has often been behind the times as far as rulings go on specific cases. Family Law is no exception. Many of the laws do not account for special and rare circumstances. There are many disability laws and regulations implemented in other areas of law, however, there are next to none when it comes to the matter of divorce. That is until now. The Illinois Supreme Court opened the door to divorce for people who need guardians because of mental disabilities just this month, and the realm in which Family Law now covers has broadened because of it.

For years, Illinois has been against guardians seeking a divorce on behalf of the mentally disabled people under their protection. That meant the disabled person could not get a divorce unless his or her spouse started the process. To say that this is a double standard would be an understatement. However, guardians were still looked upon as just that, and in no way were they an extension of the disabled person in question.

Before the Law was Implemented

The ban, when in place, affected people with severe brain damage, but it also covered those who could make their wishes known; for example those with Alzheimer’s, or anyone with a mental illness whose effects are not 100% permanent on a daily basis.

The court’s new ruling said an outright ban is no longer appropriate. It could leave vulnerable people “at the complete mercy” of spouses who abuse them or exploit them financially. Guardians will now be able to file for divorce and then a judge will decide if there is clear and convincing evidence that it would be in the disabled person’s best interests. In some cases, that will mean weighing the evidence without any help from the person directly affected. But in others, the people with disabilities will be able to speak for themselves. This obviously depends on the type of mental illness and the severity.

Who is Affected?
At first the restriction on divorce was meant to only affect people with severe brain damage, such as might be sustained in an accident, but ultimately the law affected people who had the ability to make their wishes known. Such individuals’ mental illness may come and go, or perhaps the person’s condition was Alzheimer’s disease. Mental disability rights advocates say that those conditions in themselves should not automatically bar people’s guardians from filing for divorce on their behalf.

Many of the advocacy groups feel that this recent ruling is a step in the right direction toward fully protecting the rights of the disabled. Under the new rules, the guardian of a disabled person will be able to file for divorce on that person’s behalf, and it will be up to a judge to determine on an individual basis what is in the best interest of the disabled partner.

Incorporating disability into laws, such as the ones under the Family Law statute, is a sign that the laws are coming into their own and becoming more adaptive to everyone. With a broader scope under the law, more and more people will have equal rights when it comes to the dissolution of marriage.

Divorcing an Absent Spouse

200259869-001Divorce is a difficult enough process between the court fees and dealing with your spouse. However, divorce without a spouse is just as difficult, if not more stressful. No, you didn’t read that wrong, divorce can be done without knowing where your spouse is.

While some people may be thinking “If only I didn’t know where my spouse was…” those who are in this unique situation are wishing it were otherwise. But the American judicial system is not that cruel as to deny a person a divorce just because their spouse is nowhere to be found.

Search for the Absent Spouse

It is easier to complete divorce process with an absent spouse in some states than others. Most states with the no-fault option, like California, have provisions for spouses seeking a divorce who do not know the whereabouts of their spouse.

It is recommended to make all efforts of locating your spouse, and record your efforts before filing the divorce forms. Essentially, you will have to prove to the court you have exhausted all options of finding your spouse. If you’re at a loss for where to begin, we have compiled a list of the recommended ways of attempting to locate your spouse.

  • Search the phone book

  • Contact their last known employer for information about their current whereabouts

  • Check with the post office to see if they left a forwarding address

  • Check at their last known residence

  • Contact any and all friends or relatives you can for information

  • Send emails or social media messages to their email or profile

  • Check with the DMV, voter registry, and other public records offices

  • Hire a private investigator, if absolutely necessary

File the Divorce Petition

If you have exhausted your search options and still have not found your spouse, then their is one option left: Divorce by publication. The filing process is very similar to a regular divorce proceeding, except for a few things. Included in the regular paperwork is an application for a divorce by publication. To proceed with the divorce by publication, you must provide the court with the evidence of your extensive search.

If the judge accepts the proof of your search, they will grant you a divorce by publication. Then, the court will place an ad in the local newspaper in the area where your spouse is either believed to be or in your spouse’s last known location. The ad will be of the divorce summons, and will include all information about your case, including where your spouse should respond to the divorce summons.

The ad will run in the newspaper for a certain number of weeks, depending on which state the search is taking place. In California, the divorce by publication ad will run in the newspaper once a week for 4 weeks in a row. After the running of the ad, your spouse has 30 days to respond to the court regarding the divorce.

If the spouse does not respond within the grace period, you will be granted a default divorce. However, in California, the courts will not make judgements about any joint property, assets, or child-related matters.

Can I Use an Online Divorce Forms Service?

The divorce by publication process can be completed by an online divorce forms service, like, as long as the aforementioned steps are taken. However, it is advised to research the divorce by publication process in your specific state before beginning the divorce process.

How to Serve Divorce Papers

document serverThe whole divorce process is kind of a headache, but hopefully we can alleviate some of the pain by providing you with helpful information. Today, we are going to delve into the mysterious business of serving divorce papers and how it works.

Can I Serve My Spouse?

Most people think they can serve their spouse with divorce papers by simply handing them over. However, there are legal guidelines that must be observed when serving legal documents to proceed with the divorce. Because you are an “interested party” (meaning you are directly involved in the case), you cannot be involved in serving the divorce papers.

Luckily, there are a few other ways to serve the divorce papers without having to pay someone to do so, or by paying a minimal cost.

Served By Mail

One of the most common ways to service your spouse is by mail, which usually doesn’t cost more than a few dollars. Service by mail is very simple, but to do this you have to include an affidavit of service in the divorce papers. The affidavit is named different things, and sometimes is included in various forms within the divorce forms. The served spouse must sign the affidavit of service, which verifies the spouse was served with the papers by mail.

Mail the divorce papers via first-class U.S. mail with a return receipt. If you ask the post office for a return receipt they will put a slip on the envelope, which must be signed by the recipient upon delivery. Then, the signed receipt of delivery is sent to your address for you records. Keep the return receipt for your paperwork as proof that your spouse received and was essentially served with the divorce papers.

Served By Third Party

Another common, yet free way to service your spouse is by a third party. A third party is basically anyone other than you, your spouse, and any child or person not immediately involved in the divorce proceedings. A third party can be a friend, relative, or neighbor.

The third party must, however, be over 18 years old and must sign the affidavit of service document as well. In some states it is required by law that the third party sign the affidavit in front of a notary public. This option only requires payment for the notary public, which varies from each notary.

Served By Official Service Officer

If neither of these options is agreeable with you, it is possible to hire a service officer to serve your spouse with the papers. A sheriff can be contracted to deliver the divorce papers to your spouse, or you can hire a professional process server.

The official server will know exactly how to complete the little paperwork required from them, like signing the affidavit of service. This option is pricier than the other two, but it is recommended in contested divorce cases where the spouse is trying to delay the divorce by avoiding being served with the divorce papers. A process server can cost anywhere from $30 to $100.

Can I Serve My Spouse With an Online Divorce Company?

With the online divorce forms service, you are able to decide how to serve your spouse, and are provided with all the necessary paperwork to legally prove your spouse was served. However, you must provide your spouse with the divorce papers, either by mail, third party, or process server. | Uncontested Divorce Questions Answered

uncontested divorce questionsContrary to popular belief, not every divorce has to be a drawn-out court affair with dramatic statements and ruthless negotiations. In fact, there are many ways to go about getting a divorce nowadays, and only a few of them involve nasty courtroom brawls. One of the easiest, pain-free ways to get a divorce is by getting an uncontested divorce.

What is an uncontested divorce?

An uncontested divorce does not involve lawyers, court battles, or rulings handed down by judges. Instead, an uncontested divorce involves the divorcing spouses sitting down and deciding for themselves how to divide their marital estate.

This is how it works: The spouses going through an uncontested divorce must either agree or be able to agree on how to resolve the issues brought up in the marital settlement agreement.

Points in the marital settlement agreement in need of resolution include:

  • division of assets (like checking and saving accounts, and profits from a shared business)

  • personal property (like home furnishings, electronics, and cars)

  • real property (like houses, condos, and apartments)

  • debts (credit card debt, mortgages, etc.)

  • whether or not to award spousal support, and how much to award

  • child issues (like child support, child custody, visitation schedules, and more)

How much does an uncontested divorce cost?

The cost of an uncontested divorce is quite minimal, since the divorcee doesn’t have to pay for a lawyer. In an uncontested divorce, you must only pay the filing fee (which varies from state to state).

However, the cost of an uncontested divorce can vary based on how you go about pursuing the divorce. These are your choices:

  • Fill out the forms yourself: The upside to filling out the divorce forms yourself is there is no additional cost. But the downside is that the slightest mistake or inconsistency in your paperwork can lead to your divorce forms being rejected, which would delay the divorce process.

  • Hire a lawyer: Some divorcees choose to hire a lawyer to fill out the divorce papers for them, which drives up the cost of an uncontested divorce quickly. True, the divorce papers will be completed correctly, but the cost is usually not worth the minimal labor.

  • Use a divorce forms service: A divorce forms service is not a legal advisory center or other type of legal aide; it is a company that specializes in completing divorce forms. These companies are usually a good option because the services do not cost as much as a lawyer, and the forms are completed by professionals.

However, be wary of false divorce forms services. Scammy divorce forms service companies usually do not have a method of contact on their website (like a phone number, address, or live customer support module). Before making payments to an online divorce forms service, make sure the website has a method of securing your payment.

Can we get an uncontested divorce if we don’t get along?

You and your spouse may not be the best of friends during your divorce, and that’s okay, even in an uncontested divorce. The divorcing couple may not stand the sight of each other, but as long as they can agree on how they want to settle the matters discussed in first section (division of assets, child issues, and more), they can get an uncontested divorce.

If during the divorce, the spouses find an area they cannot agree on, negotiate, or otherwise overcome, then they may have to seek mediation. If the divorce is at a standstill because of certain issues, then the divorce is considered contested, and the couple will have to hire a lawyer.

Is this helpful information, or is there a question about uncontested divorces we missed? Let us know in the comment box below.

Collaborative Divorce: Stuck Between Contested and Uncontested

78630844The availability of the collaborative divorce process is gaining steam as more states sign it into law. A less adversarial form of divorce, collaborative divorce still allows the couple to make all separation agreements without sitting, or heatedly standing, in a courtroom.

Although uncontested divorce is the most ideal case in which spouses can settle things peacefully on their own, a collaborative agreement involving two lawyers keeps the situation out of any court drama that often ensues during contested cases. Thankfully, a new collaborative divorce law was just passed in Washington, solidly making available a more peaceful divorce experience for all involved.

Terminology Lesson

Just so we’re all on the same page, here are definitions of most kinds of divorce:

Uncontested Divorce: A divorce in which the couple agrees on all allocations of marital property, child custody, child support, and/or alimony. Uncontested divorce essentially eliminats the need for lawyers or a judge in court. An uncontested divorce usually gives a no-fault grounds for divorce.

Contested Divorce: The opposite of uncontested, contested divorce means the couple cannot make a settlement agreement on their own due to disputes. Lawyers and a judge are needed to make the settlement for them. The process is longer and more expensive.

Mediated Divorce: A divorce where the couple hires a mediator, who is usually a divorce attorney trained in mediation, to help them settle allocations agreeably.

Collaborative Divorce: Similar to mediated divorce, except the couple hires two lawyers, one for each spouse, to help them come to an agreement and draft the divorce settlement.

Good News for Washington

Despite its effectiveness, the collaborative divorce option is only enacted in a few U.S. states. One state that just made it available and signed it into law is Washington, to the joy of many supporters.

Called the Uniform Collaborative Law Act, it enables couples to utilize mental health professionals and child specialists as well as lawyers to make the out-of-court option run even smoother. Child therapist Kristin Little remarks, “You’re helping people to be good parents through the divorce, so you’re actually preventing a lot of the damage that can occur during the divorce.”

Indeed, going through divorce is especially hard on children, who tend to be caught in the eye of the storm. “I have been doing family law litigation 25 years and court is no place for families,” says Washington based lawyer, Cynthia First. When disputes need to be resolved themselves, leaving them out of the court’s hands means less hassle and more peace.

Amicable Splitting

The best way to settle any conflict or disagreement is through reasonable compromise and speedy resolution. That kind of attitude and problem-solving leads to feelings of goodwill for the ex-spouse and life after divorce. Even though spouses often have serious disagreements over what will happen to their life’s possessions during divorce, they can find a way to temper them independently through options like collaborative divorce. The collaborative divorce process frees up more time and resources for the divorcee to focus on other things, like moving on.