Divorce FAQs
	Are court filing fees included in LegalZoom’s services? What other fees will I be responsible for after using LegalZoom’s service? I cannot locate my spouse. Can I still use your service? Do you handle divorces in Canada? Do you handle annulments? What is an uncontested divorce? How long before the divorce is final? Do I have to go to court at any time during my divorce? Who needs to file the paperwork with the courts, and where do they file it? Does LegalZoom provide service in my state? What will happen to our children? How much will it cost to file for divorce? How is child support determined? What happens to retirement funds and 401(k) plans in a divorce? Do I have to pay alimony? What is a Marital Settlement Agreement? What happens if we reconcile and want to cancel the divorce? Is there a time limit as to when I have to return the questionnaire? Is the marital settlement agreement free? Are court filing fees included in LegalZoom’s services? The filing fees are not included in the LegalZoom fee and are the responsibility of the individual. What other fees will I be responsible for after using LegalZoom’s service? Court filing fees, which vary from area to area. You should check your local county courthouse for the exact amount. LegalZoom only provides document preparation services for divorce, not filing services. I cannot locate my spouse. Can I still use your service? If you do not know the whereabouts of your spouse, you will need to contact a lawyer. Do you handle divorces in Canada? Currently, LegalZoom does not handle divorce outside of the U.S. Do you handle annulments? Currently, LegalZoom does not handle annulments. What is an uncontested divorce? An uncontested divorce is one in which both parties agree to the divorce and the terms of the settlement without going to trial. This does not mean there are no arguments or disputes between the spouses - it simply means the spouses are able to reach an agreement without going to court and having the judge rule. Uncontested divorces move much faster through the court system and are therefore less expensive. In addition, by bypassing the lengthy litigation and trial process, an uncontested divorce typically leads to reduced hostility and resentment among the ex-spouses, and both are able to resume their lives more quickly. LegalZoom only offers divorce services if the divorce is uncontested. How long before the divorce is final? Oftentimes, divorces will not become final until a mandatory waiting period has passed. Waiting periods generally range from zero to six months after the initial divorce petition is filed and served on the other spouse. Although a judge may make a final ruling on the divorce prior to that date, and the order is effective immediately, the marriage is not finally dissolved, and the spouses may not re-marry until this waiting period expires. In states like California, during the period between the judge's order and the expiration of the waiting period, any action taken by either party during this period of continuation is a sole and separate act, and will not become community property. Of course, if the divorce cannot be resolved amicably and requires litigation or a trial, it could take a lot longer than six months to finalize. Do I have to go to court at any time during my divorce? The petitioner (spouse who files the papers) will have to go to his or her county courthouse of residence to file and pay the filing fee. In some states, both parties must appear before the judge. If your divorce is uncontested and if a marital settlement agreement is filed, in most cases, you will not have to go to court. In that situation, all of the legal documents can be filed with the court, and the judgment can be sent to you. However, the court may always request a formal or informal hearing. At a formal hearing, the divorce case must be presented from the beginning. At an informal hearing, the judge may ask questions about certain facts presented in the papers. Disputes regarding the division of property, child custody, spousal support or any other terms of the divorce do not automatically require court intervention. In many cases, they can be resolved through arbitration, mediation or third party negotiation (such as an attorney). Who needs to file the paperwork with the courts, and where do they file it? A couple can file their uncontested divorce in either the wife or husband’s state/county of legal residence. If the wife files in her state, she will have to petition for the divorce. If the husband files in his state, he will have to be the petitioner. If they are both residents of the same county, either of them can be the petitioner. The other spouse will be the respondent. Does LegalZoom provide service in my state? LegalZoom provides divorce document preparation services for all states except New Hampshire, Alabama, Tennessee, Louisiana and Virginia. What will happen to our children? The easiest solution is if you both decide on the custody of minor children. Custody is divided into physical custody, or determining where the children will live, and legal custody, or determining who will make important decisions regarding the children's health, education, etc. Both physical and legal custody can be either joint or sole. Even if one parent has sole physical custody, the other parent will typically have visitation rights if requested. This process is easier if both parents agree on the custody of minor children. Adult children are not part of the plan for divorce, and the adult children are free to make their own decisions. How much will it cost to file for divorce? The filing fee is roughly $100-$200 in most counties. If a response is filed, add another $100-$200. These fees are collected by the government and are in addition to any service or legal fees, including the amount charged by LegalZoom for preparing documents. Call your local county courthouse to obtain exact filing fees for your divorce. How is child support determined? Most states follow a standard uniform guideline to determine child support payment amounts. It is based on the incomes of both parents and the amount of time each parent spends with the children. The guidelines do provide for add-on amounts for the following: Child care costs Health care and health insurance cost Cost of special educational or other needs of a child Travel-related expenses for visitation However, parents can either increase or decrease the statutory guideline amount if the following conditions are met: Both parents acknowledge that they are fully informed of their rights pursuant to the law and that the amount of child support is being agreed to without coercion or duress, and Both parents declare that the agreed amount is in the best interest of the children and the children's needs will be adequately met by the agreed amount. For welfare recipients, the right to support has not been assigned to the county pursuant to Section 11477 of the Welfare and Institutions Code, and no public assistance application is pending by either parent. What happens to retirement funds and 401(k) plans in a divorce? In states that have community property, accrued or vested retirement benefits earned during the marriage are community property. Therefore, they are subject to division in a dissolution action, and each spouse is entitled to half. Retirement benefits subject to this community property application include military pensions, veterans educational benefits, ERISA funds, IRAs, Keoghs, Employee Stock Option Plans (ESOPS), 401K plans, etc. Certain retirement benefits are not considered community property. These include railroad retirement benefits, social security payments, compensation for military injuries, and worker's compensation disability awards. In all dissolution actions, no matter the length of the marriage, it is best to settle the issue of retirement benefits one way or the other. For example, the petition, marital settlement agreement, and judgment should all provide either for the spouse's waiver of retirement benefits or the division of any such benefits. A spouse should waive retirement benefits only if that spouse's share is worth very little. In the case of a division, there are two options: (1) the present-day valuation buy-out and (2) division into two accounts. In the former, the spouse without the retirement benefits takes the present-day value of his or her interest in the retirement benefit and trades it for something else of equal value, such as cash or other assets. Note that stock options and pension plans where a person must work for a certain number of years may be worth more than you think, and it may be advisable to retain a professional pension actuary or appraiser. This will cost $150 to $300 but may be well worth it. If the retirement account is divided, special attention must be paid so that the tax advantages of retirement benefits are not lost. A Qualified Domestic Relations Order (QDRO) will be required to transfer a share of retirement funds from the spouse participating in the retirement plan to the other spouse. Please contact the retirement plan administrator or a qualified attorney for more information regarding QDROs. Do I have to pay alimony? Spousal support, otherwise known as "alimony", is not required in all cases in most states, but should be considered and may even be ordered by the judge under certain circumstances. If the circumstances are such that a spouse will face hardships if he or she does not receive financial support, than spousal support should be considered. The deciding factor regarding spousal support is the need to maintain the spouse at his or her customary standard of living. In other words, the law recognizes that a wife (or husband) should not be forced to live at a level below that enjoyed during the marriage. However, other factors also need to be considered. For example, spousal support should most likely not be considered if: 1. The marriage was for a short duration (under two or three years), and 2. both spouses are employed and self-sufficient. This does not mean that the parties cannot agree on spousal support, which the court is, more or less, bound to accept. There is no firm dollar figure that is used for spousal support. This amount should be decided by both parties to the action. What is a Marital Settlement Agreement? A marital settlement agreement spells out the terms of the divorce and the relationship between the two spouses after the divorce. These agreements usually cover property division, child custody and child plans, debt division, spousal support, and any other relevant issues related to the divorce. LegalZoom’s Divorce Service includes a free marriage settlement agreement. Although not required, filing a martial settlement agreement has many advantages. First, because it lays out all of the agreements in writing, there are no ambiguities. Second, the spouses will probably never have to go to court because the judge will most likely honor the written agreement if it is written correctly and if it covers all material aspects of the divorce. Third, it shows the court that issues were thought out, allowing the case to move more quickly though the system. Marital settlement agreements can be entered into at any time before the final judgment and are typically filed with the final judgment. If a spouse is receiving welfare, the District Attorney's office may need to review and sign the marital settlement before it is filed with the court. What happens if we reconcile and want to cancel the divorce? You may cancel your divorce order with LegalZoom at any time. However, no refund will be issued if the cancellation occurs after the detailed questionnaire has been returned to LegalZoom by the customer. If you cancel your order before you return the detailed questionnaire, we will issue you a full refund minus $25. If you and your spouse are certain you do not wish to continue with the divorce after the divorce process has been filed and started, you can get a dismissal form from the county clerk anytime before a judgment has been entered. If no response has been filed, the petitioner alone can file the dismissal form. If a response was filed, both spouses must sign the dismissal form. You can consult the court or an attorney regarding divorce dismissals. Is there a time limit as to when I have to return the questionnaire? There is no time limit as to when you have to return the questionnaire. Is the marital settlement agreement free? The marital settlement is automatically included, free of additional charge, with the purchase of one of LegalZoom’s divorce packages. Point of origin credit for this file is given to LegalZoom.com, Inc., a registered and bonded legal document assistant, #0104, Los Angeles County. LegalZoom.com is not a law firm and is not a substitute for the advice of an attorney.