Natalie Maximets is a certified life transformation coach with expertise
in mindfulness and sustainability. She is a published author focused on the most progressive
solutions in the field of Psychology. Natalie helps people go through fundamental life challenges,
such as divorce, and build an entirely new life by reframing their personal narrative.
There are so many reasons why a husband might want to divorce a wife. However, it can get complicated at times because there are two people who are taking part in the process of separation, and sometimes a spouse might simply be unwilling to end the marriage. What should you do if you want a divorce but your wife doesn't?
Did you know that most men need approximately two years to decide whether they want to file for divorce? They need a lot of time to weigh the pros and cons of the decision; this is why it takes so long from when the thought about separation first came to their mind to the eventual separation. Men tend not to make the decision to split up with their official partner on impulse. Thus, you probably have robust reasons to divorce your wife.
Suppose you’ve finally decided to tell your spouse that it’s over – what's next? What if she refuses to divorce you and doesn’t even show up in court? How should you react if she makes desperate attempts to save the marriage, but your love is gone? What if your arduous conversation ends with a fight? Or, if you’ve already talked to your wife and found out that she hates the idea of separation – what steps should you take to get a divorce?
In this article, we’ve prepared an ultimate action plan for men like you whose wives are unwilling to get divorced. However, before you read all the tips on how to handle this situation, we suggest that you double-check your intentions to part ways.
Did you know that both women and men tend to be unrealistically optimistic about their expectations regarding their marriage? According to research conducted by Lin and Raghubir in 2005, this is indeed the case. Expectations that are too high can lead to disappointment, but this isn’t necessarily a reason to part ways.
What’s more, you might also fantasize about being free again, but once it happens, you feel so lonely that you totally regret your decision. Sometimes you just need to put in a little bit of effort, like having an honest conversation with your spouse to make your marriage work, even if you think it is over.
So, what went wrong from that time where you were fond of each other's company 24/7? Let's deal with the most common reasons why men usually want a divorce.
10 Most Popular Reasons Why Men Want a Divorce
1. Your Wife Doesn’t Take Good Care of Herself Anymore
There are cases where a woman might put on some weight – after pregnancy, for instance. She might also have less time to look after herself the way she did before giving birth to a child. Furthermore, women get older, but changes such as new wrinkles usually don’t scare men off – unless the woman lets herself go completely.
Indeed, there is a significant difference between being slightly overweight and becoming like Rosie O’Donnell. It's quite predictable that a man might physiologically react to such changes and lose affection towards a woman who doesn't take good care of herself. Some men also find themselves steering clear of the bedroom when their wife stops waxing or doing her nails, doesn’t dye grey roots or wears old pants. A lot of people might say that appearance is not important if you’re in love.
But take note! Sherry Amatenstein, a therapist for couples in New York, claims that most men take it personally when their wives don't attempt to look good. It happens because they subconsciously think that the woman doesn't care about them. So, don't put the blame on yourself if you no longer feel sexual desire for your wife due to the factors mentioned above. Neither on your wife. Nevertheless, this is not necessarily a reason to divorce your wife right away.
Can't forget about your marriage to start a new life? Read about how to get your ex-wife back and whether it is worth doing it at all
How to Fix It
Firstly, make sure not to blame your wife for letting herself go, and do some research before you talk to her. Think about her daily routine – maybe she needs help with the household chores or is tired of looking after the children? Or maybe your wife is suffering from postpartum depression and could benefit from consulting a therapist?
What you can definitely do is have an honest conversation with your wife to find out what's going on. But whatever the reason, please don't address this issue bluntly until you've tried softer approaches. Your number one goal is to help your spouse open up and tell you sincerely what's up with her. So please avoid being too straightforward, as it might hurt her feelings and spoil your relationship.
It's essential to treat your wife with understanding and love if you want to see changes. Maybe she lacks your attention due to being busy, and you just need to spend more time with her. However, if you directly blurt out how you can’t stand her hairy legs, she might be embarrassed and even take offense. Remember, the main goal is to find the reason and help – only if she wants that help.
If you want your wife to look great again, don't criticize her but compliment her instead on any attempts in a positive direction. Tie in physical health and activity, because these things are intimately tied with looks. For example, go on a morning run with her or praise healthy meal choices that she makes.
However, if your spouse doesn't seem to acknowledge the issue in spite of your little hints, it's time to be completely honest with her. Tell her that your sexual interest has gone down due to her appearance, but still ask whether she feels bad or needs any support. Remember, women rarely stop caring about themselves without a good reason, so be compassionate!
2. Your Wife Is Too Critical or Acts Like a Mother
Men tend to think about divorce when their wives view their actions in a negative light and complain about life too much. This kind of woman can easily become a “killjoy” because it may be hard to have fun with her.
Numerous husbands also find it challenging to be constantly having to fulfill idealistic expectations from their wives. As a result of negative feedback from their wives, the men end up dealing with low self-esteem issues.
What’s more, some women take on the role of a mother who teaches, criticizes, shows you the “right” way, and punishes. She might be overly protective as well or take too much care of you, as though you're a fragile snowflake rather than a man.
It may be hard to maintain healthy feelings for this kind of woman due to psychological reasons. The fact is, men subconsciously avoid having sexual contact with women like this, above because they remind them of their mothers. After all, no man wants to feel like a child that needs guidance or too much protection.
How to Fix It
If you've noticed that your spouse often behaves like a mom rather than a romantic partner, talk to her directly. Explain that you are a grown-up person who is capable of making his own decisions and bearing responsibility for his actions. Your wife might be unaware of her behavioral patterns so once she realizes them, she might attempt to change.
Moreover, it's crucial to ask your spouse whether she feels resentful or neglected, and what the reason is. Also, ask her whether she wants you to do something that you might have forgotten about. Sometimes, women don't clearly state their expectations but they can become more hostile because they still want you to fulfill them. This might also happen if you don't always keep your promises.
Additionally, you have to act differently to evoke a totally new reaction on the part of your spouse. Simply don't let her judge and criticize you next time she starts a big thing. Be patient and stay respectful to her and yourself by outlining personal boundaries that shouldn't be crossed. If this doesn't help, consider family therapy before splitting up officially. It might help you restore balance in your relationship.
According to Tracy Thomas, a psychologist from San Francisco, men aren’t likely to consider divorce when they feel valued and wanted in their relationship. If you’ve lost that feeling, ask your spouse how you can contribute to the well-being of your family and help her personally, provided that you want to revive the marriage.
Rosalind Sedacca, couples therapist from Florida, claims that security and confidence serve the basis for any marriage. However, she says that men tend to lose connection with their wife once she compromises their self-esteem. Thus, if you realize that your relationship is entirely toxic and full of disrespect, it's better to leave.
3. You Have a Bad Mentor
Is there anyone who you consult whenever you come across serious issues in your marriage? Well, your unmarried friends might sometimes take a wretchedly selfish point of view. They might confuse you by telling their single-life stories full of adventure. Nevertheless, when you truly need mature advice, they might mislead you because they don’t have this kind of experience. Actually, no one does. Only you know what your experience is and what’s best for you.
How to Fix It
Get yourself a good mentor (this does not necessarily have to be a therapist!). It can be a male or female friend who has been married for a long time and can give you some wise advice. A friend like this will never tell you what to do, but they can suggest a couple of options so that you can make your choice.
Don Nations, a relationship coach from Florida, claims that men also need a married buddy who will listen attentively and be able to offer good suggestions on how to mend the marriage. However, men generally tend to avoid talking sincerely with each other on sensitive matters because society often frowns upon it.
You don’t have to be that man who never cries. On the contrary, you have the right to feel what you feel and ask for advice if you truly need it! If you don't have a reliable and mature mentor, you can subscribe to a relationship blog for men, see a therapist or visit a discussion group or a marriage workshop.
Maintaining a good relationship with other couples that are happily married will also help you and your spouse learn how to enhance your relationship without making radical decisions.
4. Your “Spark” Is Gone
A lot of men mistakenly think that their marriage has reached the point of no return when they lose the “spark.” However, the “spark” is just a state, and it can thus go away and then come back again. It's quite normal not to feel attracted to your wife from time to time, so don't be afraid if it's not there – your relationship is probably going through an important phase. It's crucial to find out the true reason why there is no “spark” before divorcing your spouse.
The fact is, your relationship transforms over time, especially if you have children or bear mutual financial responsibilities. Sometimes both the man and the woman can be so focused on their careers that no energy is left for romance. Even household management can put out the spark, but is it a valid reason for divorce?
How to Fix It
Try not to put the blame on yourself or your spouse. Ask yourself instead: “would I feel different in different circumstances?” If so, might you be able to initiate changes and offer your wife a more romantic setting to revive your attraction? What does your spouse like and what would make her happy?
Reflecting on these questions won't take much time but the answers could become game changers for your entire marriage. So don't let the daily routine loosen your family bonds – many couples go through the same issues you’re facing at the moment, and they get through it!
It would be also a huge mistake to think that a woman should be the one who always “takes care” of the relationship. We live in the twenty-first century and often split numerous responsibilities, including household chores and finances. Therefore, if you were the first one to notice the absence of a “spark,” don't hesitate to act. Your wife will be grateful if you put in some effort to make your marriage stronger and healthier. After all, you had the “spark” at some time before, so it's only a matter of time before you enjoy it again.
5. You Argue Over Money
There are a million reasons to argue over finances in a couple, but there are common root causes that might affect your relationship. For instance, you might have different comfort zones regarding financial security. Another reason can be spending too much money on things that one of the partners doesn't approve of. Thirdly, one of you might simply disapprove of contributing financially to the family due to your cultural background or personal beliefs. Your wife might also accuse you of earning too little. However, avoid making secret purchases or pretending that everything is okay. Those aren’t good options, as they will eventually ruin your relationship.
How to Fix It
If you are facing one of these conflicts, it won't be easy to reach an agreement, but you should definitely try. There isn't a panacea for all the situations described above. Nevertheless, you should sit and talk with your wife on financial matters, like business partners.
Ideally, it's better to reject or at least question beliefs or superstitions that you inherited regarding gender roles. The most important thing is to decide how much money your family needs to prosper and what each of you can do to reach this goal.
What’s more, you should discuss common goals that both of you are interested in. This might be buying a bigger house or an RV to travel full time – it depends on your specific preferences. Don't limit yourself only to practical purchases – dream big!
But in any case, be straightforward and put all the issues on the table. Your wife should understand the true state of things and be aware of the opportunities you can explore together to achieve your goals.
Being open-minded and accepting that the world is full of opportunities is much better than constantly arguing over money. Those are the criteria that comprise a growth mindset that the two of you can develop, if you don't possess one yet. But make sure that your wife is eager to be your partner and is ready to accept the challenge instead of blaming you.
Please also mind that splitting responsibilities correctly can immensely help restore your marriage. For instance, even if your wife doesn't work, she can optimize her household chores so that she can spend more time with you. This will make you feel more empowered, and you'll be able to bring money to the family.
Just make sure that you reach a compromise where both you and your spouse feel at peace with the mutual decision you’ve made. Last but not least, consider consulting a financial advisor if you find it difficult to reach an agreement regarding financial matters.
6. You Can’t Stand Her Style of Raising Children
It's hard to predict what style of raising children your spouse has until the kids are actually born. However, when they appear, it’s too late to argue about the best way to raise them. It would be so much more productive to focus on splitting parenting responsibilities efficiently rather than quarrel.
Nonetheless, if you are getting by with joint parenting but still argue over the best way to bring up your children, look into the “ideology” behind it.
You might be a proponent of strict discipline and think that kids ought to value what they have and shouldn’t be given too much money. Or you might be a softie who thinks that giving allowances won’t spoil a child. In either case, if you’re quite passionate about how things should be, this is a red flag that you lack flexibility. Try to be more open-minded instead!
If your wife doesn't do anything that would hurt your children, the problem likely lies with you, in that you are able to accept only one side of truth; there are tons of other approaches to how you can raise a happy and healthy child.
How to Fix It
The first thing you should do is to ask yourself what beliefs make your point of view the right one. Once you've done that, think about where these beliefs are rooted and who in your life has told you that they were true.
Did you blindly trust that authority or make those decisions based on your life experience? If so, is your child going to repeat your life scenario? If you don't want it, what other approaches can you apply to raise a child who would be happier than you used to be? Please ask your wife those questions, too, if she has a rigid approach towards raising children.
Additionally, what are you afraid of when you see how your wife treats children? Are those threats real? If so, discuss them with your wife and ask for her opinion on how to deal with them. Furthermore, does your wife's approach have positive sides in addition to the negative ones? If so, what are they? Can you make a compromise by applying the best features of both approaches? What other methods can help you enhance your parenting experience?
You'll be surprised that there are more viewpoints and options to make your children happy without going to extremes. All you need to do is just address all the concerns, beliefs and fears that you have regarding your controversial parenting styles. And if both of you are willing to compromise, divorce will no longer be an option.
7. Your Wife's Kids from Her Previous Marriage Hate You
Parents are attached to their children no matter how complicated their divorce was. Your current relationship might be threatened if your wife's kids don't like you or if you quarrel about them with her.
It's not always easy to build a smooth line of communication with children who would rather be seeing their dad instead of you with their mother. However, it's worth the effort, though it might take a great deal of time.
How to Fix It
There is one thing you should never do if your wife's kids express antipathy towards you. Never ever attempt to take their father’s place, and avoid blaming him in front of them. It would be better to play on the safe side and remain either neutral or emphasize all the positive things their father does.
Additionally, avoid criticizing your wife for having to meet her ex due to parenting responsibilities. It's anything but a reason to be jealous – after all, your spouse stays with you. Moreover, it's great that your wife and her former husband were mature enough to find common ground and give their children enough love and care without starting big fusses or even applying for court. If you still have some second thoughts, discuss them with your spouse – maybe they are the result of miscommunication or lack of trust on your behalf.
The situation might be slightly different if your wife blames her former husband in front of the children and you are unable to stop her. If this is the case, remember that it's not only her bad habit or a lack of mindfulness – it’s also chronic emotional pain that needs to be addressed.
If you consider your wife’s behaviour inappropriate, have an intimate talk with her and suggest that she visit a psychotherapist. Explain that children should never choose between two parents, as they love both of them unconditionally. For this reason, they might be going through enormous pain each time she badmouths their father.
8. Your Wife Cheated On You
Bradford Wilcox, Director of the National Marriage Project in Virginia, claims that 14% of official wives are cheaters. Infidelity often brings terrible consequences to couples and often results in divorce. However, the context and the reason for cheating are key to determining whether you should forgive her and stay together or split up.
Some women might be lacking something important in a relationship and thus look for other ways to get it. Others might be looking for emotional support that they aren’t getting from their husbands. Although cheating is an awful way to solve problems in a marriage, it's still possible to restore your relationship afterwards.
How to Fix It
You should be well-prepared to talk to your wife about cheating, so it's better to consult a therapist before confronting her. You might experience the fear of losing your significant other, ruining your marriage or unloading tons of negative emotions on your partner or the person she cheated with. A therapist will help you deal with those hard feelings and get ready for a difficult talk, so that you address the issue with a cool head and avoid acting on impulse.
Cheating is a particularly heartbreaking experience, but you have to address it and find out why your wife did it and what's missing in your marriage. Although it is possible to save the relationship, it will be really hard to overcome stress without a therapist. Family therapy is highly recommended for couples who have suffered from a breach of trust, as it will help both partners deal with frustration and emotional pain to regain ?onfidence in each other.
9. You Met Someone Else
There are cases when a man feels that he and his wife are not close anymore due to her excessive criticizing or different interests in life. He might meet another woman with whom he shares common interests and feels really good. If this has happened to you and you're quite sure that you want to have a relationship with that woman, do everything possible not to hurt your wife or your new girlfriend.
How to Fix It
Before you file for divorce, make sure that you’ve done everything possible to restore the damaged relationship with your wife. However, if it's too late and there is a great woman by your side that you want to be with, don't hesitate to make things official.
Please consider that you might face trust issues with your lover in the future, because she was the one who you cheated with and thus knows you're capable of it. Long-term infidelity isn’t a suggestion in this case, as it would significantly hurt both your wife and your new girlfriend. It's better to visit a therapist and proceed with legal divorce as soon as possible to eliminate the damage to the mental health of your wife and your new female soulmate.
10. You Think You’ll Be Happier After Divorce
Will you be happier after divorce? People sometimes overestimate the desired consequences of their possible divorce and think that freedom will bring them more benefits than staying in an unhappy marriage. Nevertheless, the National Survey of Families and Households shows that in most cases, those estimations are wrong.
According to the survey, 645 partners out of 5,232 married people labeled their marriage as unhappy. In 5 years, many couples separated and were asked whether it helped them to overcome depression or increase their self-esteem. Surprisingly, divorced couples didn't get any emotional or psychological benefits from the separation compared to how it would be in an unsuccessful marriage. Their assumptions proved wrong – these people were no happier than the ones who didn't divorce.
Other surprising results show that 3 out of 4 people who weren't happy with their marriage had partners who were totally satisfied with it. 86% of people dissatisfied with their marriage claimed that there was no violence or abuse; they had other reasons to file for divorce.
What’s more, 2 out of 3 people who didn't want to divorce but had to do it happily remarried in 5 years. At the same time, only 1 in 5 people who were unhappy with their previous marriage were able to happily marry someone else in the following five years.
Although it's only an assumption, the survey might indicate that some people blame their spouse for things both partners are actually responsible for. It might also be a warning sign that many people shift their responsibility onto their partner or external circumstances. They ought to acknowledge this instead and act like grown-ups, not children.
This can also mean that a lot of individuals run away from problems and prefer separating to dealing with issues and saving their marriage. Otherwise, there wouldn't be so many people unhappy with their divorce decision – a decision that gave them the freedom they so craved.
How to Fix It
As mentioned above, numerous individuals overestimate their future happiness once they set themselves free from their marriage. And you don't want to be a person who ends up being lonely and broken inside, do you? So here’s a simple mental exercise to figure out whether you're ready for divorce. It’s very important to do it now, before you make a decision that would change your entire life.
Firstly, make sure that you're doing it with a level head, so calm down to think clearly. Now imagine your life without your wife and your home (even if you stay in it, it will never be the same after divorce!) What does your life look like without them? What can those things be replaced with, and is it worth the effort?
Now mentally take yourself out of your current relationship – what do you feel? Try to avoid thinking about your wife but focus on yourself instead. Do you feel relief, emptiness, satisfaction or, maybe, fear? Do you feel secure enough in a state where you no longer have a wife? Are you ready to bid farewell to the parts of life that are strongly associated with her?
Please also note that you and your spouse might be unable to part ways completely due to mutual responsibility or children. So it's crucial to imagine right here, right now whether you are at peace with the possibility of dealing with your ex-wife after divorce on friendly or neutral terms. If so, separation might be an option. However, if you are eager to split up with your spouse due to the emotional trauma she has caused you, it's not the right time yet.
Psychologists say that it is only when you feel peaceful while thinking about divorce that you are truly ready for it. On the other hand, if you’re overwhelmed with negative emotions so much that it slowly chips away at your sanity, don’t rush to detach. It's essential to work through your emotional state, because you'll be able to think straight again and make rational decisions only after you cure your pain. This easy exercise will help the two of you separate your emotions from the real state of things.
Here are answers to frequently asked questions that can help you learn about ways to divorce your wife even if she is unwilling to separate.
FAQ: How Can I Divorce My Wife Even If She’s Against Separation?
If you went through all the above-mentioned steps and realized that there is no hope for marriage revival, it's time to deal with the divorce hurtle. But let's be optimistic here – even if your spouse refuses to divorce you, you can still do it without her, despite the widely-held belief that it's impossible.
1. What is the Least Harmful Way to Divorce My Wife Against Her Will?
Unlike marriage, divorce does not necessarily have to be a mutual decision. If one partner files for divorce, the marriage will end after being granted by the courts. You'll have to go through the necessary financial issues and get all your paperwork ready for divorce.
Although your wife is unwilling to split up, you can still get by without a lawyer, especially if you want to make the divorce as friendly as possible. In this case, you can significantly benefit from mediation, as it will help you:
Shift the perspective from the past to the future for both of you.
Build a line of communication between you and your wife to reach a mutual agreement.
Act in the best interests of your children.
Come up with a win-win solution on how to separate without causing much pain to each other.
An experienced mediator can help you treat each other peacefully and get your divorce done cheaper and faster than it would be if you hired a lawyer. So, take your time to convince your spouse to participate in mediation in order to decrease the stress caused by divorce.
2. How do I Convince My Wife to Divorce?
You have to understand how your wife feels before you begin convincing her to separate. Don't forget that it was you who thought about splitting up for the past few years – your spouse didn't! This news is hard to accept and process, because it literally means the end of a relationship that she probably worshiped. In other words, it’s the death of her hopes and dreams, so she might find it extremely difficult to cope with the fact that you are going to split up.
Give your wife as much time as she needs to acknowledge that it's impossible to avoid divorce. Make her understand why you no longer want to stay together, and don't be too hard on her. Even if you want to separate as soon as possible, hold on, be patient and let her accept the reality as it is; otherwise, you could seriously hurt the person who you’ve spent so much time with.
Sometimes a woman might think that her husband isn't serious about divorce, which is a sign that she is unable to cope with the truth. In this case, suggest visiting a family therapist or a marriage counselor who could help get your message across to her and assist both of you in overcoming the crisis. You should also be compassionate, so don't steer away from the emotional turmoil, no matter how tiresome it may be. Remember, your wife might be extremely scared of the possibility of being left alone and dealing with the things you used to take care of before.
3. How do I Convince My Wife to Do It Without a Lawyer?
Even though your wife might be unwilling to end your marriage, there are still ways to convince her that it will be better for the both of you. If you are dead sure that divorce is inevitable, tell her sincerely that you won't change your decision but you hate the idea of hurting her. If you have children, say that you don't want them to suffer as well. Their mental health could be deteriorated by time spent in a lawyer's office or a courtroom. In fact, your children are likely to suffer from the long-lasting consequences of separation, and this could affect their relationships when they grow up.
Even though your wife might be reacting emotionally, she will get your point and will probably consider giving you her consent. Nevertheless, you shouldn't use children as a tool to manipulate your spouse’s decision. Don't put too much pressure on your wife if you see that she just isn't ready to talk yet and it's hard for her to accept the bitter truth.
4. What Should I Say to My Wife Before Divorce?
There are things that you must tell your spouse as early as possible before you split up.
Firstly, tell your wife that the children will remain your biggest priority despite the circumstances, and that you are going to take care of them and support them regardless.
Secondly, tell your spouse that you will help her handle the new responsibilities she will have after the divorce. Assure her that you will be there to provide her with advice on how to take care of the car and solve any financial issues until she comes to terms with doing it herself.
So, make sure that you aren't leaving your wife totally unprepared for the changes, and that you are helpful and supportive. This will increase your chances of getting a divorce without a lawyer.
5. What if My Wife Doesn't Arrive in Court?
If you were unable to persuade your wife to go through with an amicable divorce, you’ll have to prepare for court. Consult a lawyer to get the necessary documents and be ready for trial. However, your wife might not show up in a courtroom if she is reluctant to sign the divorce papers.
In this case, the judge will still proceed with the divorce, but you mustn’t think that you can get everything while leaving nothing to your spouse just because she didn't come. The judge will decide who gets what and finish the procedure according to the law.
Hopefully, you'll succeed in making your divorce as friendly as you can if it's impossible to avoid it. May your future life and the life of your former wife be filled with joy and happiness!
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initial membership term of a subscription.
Renewals. For your automatically renewing subscriptions, your subscription will renew at
the end of the initial membership term (the “Billing Date”) and at the end of each successive
membership term, until you notify us that you want to terminate your subscription under these
Terms or your subscription is otherwise terminated. If you do not notify us, your credit card will
automatically be charged for the renewal term of your subscription on your Billing Date. If your
purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months
with fewer days will fall on the last day of the month. Company may adjust your Billing Date in
subsequent renewal periods without notice. This will be reflected by a charge to your account on a
prorated basis according to the number of days that have passed since the Billing Date of your latest
renewal charge. Unless Company otherwise notifies you in advance under these Subscription Terms, the
renewal charge will be equal to the original purchase price for the subscription. Company may obtain
automatic updates for any expiring credit cards you have provided.
You must pay Company the fees associated with your subscription. Additional discounts may be available
for members purchasing multiple months up front or as part of certain promotions.
Notice of Automatic Renewal. We may send a reminder email to your account’s email address of
record before your Billing Date. Unless required by law in the state where you reside, Company is not
obligated to provide this notice. You acknowledge that (i) your failure to read, (ii) your inability
to receive, or (iii) Company’s failure to send the email creates no liability for Company.
Promotional Trial Memberships.We sometimes offer customers trial memberships, all of which
are subject to these Subscription Terms (unless otherwise stated in the offer). For a trial or other
promotional membership with no initial charge, you agree we may authorize a charge of up to one dollar
($1) to your method of payment to verify your payment source.
AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CALLING
1 877 503 0262 OR THROUGH
MY PROFILE YOUR SUBSCRIPTION WILL
RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL MEMBERSHIP TERM.
Responsibility for Misuse. You may not: (i) license, sublicense, sell, resell, transfer,
assign, distribute, or otherwise make available to any party the benefits granted to you by or any
content in your subscription; or (ii) change, reproduce, reverse engineer, make derivative works
based on or referring to, or in any way exploit the licenses you have been granted with your
subscription, or content or source code in your subscription
You are responsible for all expenses incurred or other actions that may occur through your use of a
subscription. You must alert us immediately of any fraudulent, unauthorized, illegal, or suspicious
use of a subscription or subscription benefits, or any other breach of security or unauthorized or
illegal activity that you reasonably suspect.
Changes to Subscriptions.
General Changes. Company may discontinue the offering of a subscription, including the
functionality, content, or availability of any features of subscriptions or Third-Party Services,
at any time in its sole discretion. We may also impose limits on features and services or restrict
your access to all or part of the subscription. However, you have the right to cancel your membership
should we materially decrease benefits. If we add new features to a subscription, the new features
will be subject to these Subscription Terms. If you add a product or service to your subscription,
Company has the discretion to charge you a prorated portion of the costs to align your renewal date
with your current subscription. Company will provide you notice before doing so.
Fee Adjustments. Company may increase subscription fees by notifying you of new fees at least
30 days before the beginning of a renewal term. The new fees will be effective on the first day of
the renewal term. If you do not cancel your subscription, you will be deemed to have accepted the
new fees for the renewal term and subsequent renewal terms (unless the fees are increased in the
same manner for a subsequent renewal term). Reductions in fees become effective on the first day of
the next renewal term without a pro rata adjustment for the period covered under the prior fee schedule.
Renewal Term Adjustments. Company offers subscriptions of various lengths. Company may
increase the renewal term from monthly, quarterly, or otherwise, to quarterly, annually, or otherwise
at our discretion by notifying you of the new renewal term at least 30 days before the beginning of a
renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new
renewal term moving forward (unless the renewal term is changed in the same manner for a subsequent
renewal term).
Discontinuation and Replacement of Subscriptions. Should Company cease to offer your
subscription, we can discontinue your subscription, continue to provide it to you, or provision
a replacement (similar or comparable product) at the then-current price. Additional fees may be
charged for such replacement subscription. Company will notify you of new fees at least 30 days
before they become effective.
By Subscriber. You may upgrade or downgrade your subscription to other available options
at any time by calling our Customer Care Center at
1 877 503 0262 or by cancelling online at
My Profile.
Termination or Cancellation.
By Company. Company may terminate your use of all or part of the subscriptions in its sole
discretion. As your sole remedy, we will refund to you any prepaid fees specifically related to
the current term of that subscription.
Your right to use a subscription is subject to any limits established by Company or by your
credit card issuer. If payment cannot be charged to your credit card or your charge is returned
for any reason, including through a chargeback, Company may, in its sole and absolute discretion,
suspend or terminate your access and account, which will terminate these Subscription Terms and our
obligations under them. If a charge made to your credit card is declined, Company may, but is not
obligated to, contact you and may make multiple attempts to bill that card over a thirty-day period.
If you wish to reactivate your account after a termination, the new term begins on the
reactivation date.
By Subscriber. You may cancel your subscription at any time by calling our Customer Care
Center at 1 877 503 0262 or by cancelling online at
My Profile. After you have cancelled,
your subscription will remain active until the end of then-current period.
Services After Termination. After your subscription is terminated or your membership term
has ended, you will not be able to access the corresponding subscription offerings.
2. Privacy Policy. Company respects your privacy and permits you to control the treatment of your personal
information. A complete statement of Company’s current Privacy Policy can be found by
clicking here
Company’s Privacy Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site, Applications, or the Services,
you must provide complete and accurate information as requested on the registration form and on the divorce
questionnaire. You will also be asked to provide a user name and password. You are entirely responsible
for maintaining the confidentiality of your password. You may not use a third party's account, user name
or password at any time. You agree to notify Company immediately of any unauthorized use of your account,
user name or password. Company shall not be liable for any losses you incur as a result of someone else's use of
your account or password, either with or without your knowledge. You may be held liable for any losses incurred by
Company, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone
else's use of your account or password.
In connection with the use of certain Company products or services, you may be asked to provide personal information
in a divorce questionnaire, application, form or similar document or service. This information will be
protected pursuant to our
Privacy Policy.
In addition, you grant Company a worldwide, royalty-free, nonexclusive,
and fully sub licensable license to use, distribute, reproduce, modify, publish and translate this personal
information solely for the purpose of enabling your use of the applicable service. You may revoke this license and
terminate rights held by Company at any time by requesting deletion of your data pursuant to the procedures in our
Privacy Policy.
3. Ownership. This Site and Applications are owned and operated by Company. All right, title and interest
in and to the materials provided on this Site and Applications, including but not limited to information,
documents, logos, graphics, sounds and images (the "Materials") are owned either by Company or by our respective
third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by
Company, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed,
transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer
any license under any of Company’s intellectual property rights, whether by estoppel, implication or otherwise.
Contact us at
support@onlinedivorce.com
if you have any questions about obtaining such licenses. Company does not
sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being
provided by Company. Any rights not expressly granted herein are reserved by Company.
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. CompletePrenup 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.
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
1 877 503 0262. In the unlikely event that the Company Customer Care Center is unable to resolve
your complaint to your satisfaction (or if Company has not been able to resolve a dispute it has with you
after attempting to do so informally), we each agree to resolve those disputes through binding arbitration
or in small claims court rather than in a court of general jurisdiction.Arbitration is less formal
than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury,
allows for more limited discovery than a court does, and is subject to very limited review by courts.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and
class actions are not permitted. While in some instances, upfront costs to file an arbitration
claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000,
Company will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from
Company to the same extent or more as you would in court. The arbitrator shall apply the same limitations
period that would apply in court.
Under certain circumstances (as explained below), Company will pay you more than the amount of the
arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the
arbitrator awards you an amount greater than what Company offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
Arbitration Agreement:
(a) Company and you agree to arbitrate all disputes and claims between us before a single arbitrator.
The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted.
It applies, without limitation, to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract,
tort, statute, fraud, misrepresentation, or any other legal theory;
claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member
of a certified class;
and claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to " Company," "you," and "us" include our
respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders,
predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or
beneficiaries of services or products under these Terms or any prior agreements between us.
Beneficiaries include, but are not limited to, spouses, children, dependents, or others named in divorce
documents.
Notwithstanding the foregoing, either party may bring an individual action in small claims court.
This arbitration agreement does not preclude your bringing issues to the attention of federal,
state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by
jury or to participate in a class action. These Terms evidence a transaction or website use in interstate
commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this
provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute
("Notice") to the other party. A Notice to Company should be addressed to: Notice of Dispute, General Counsel,
OnlineDivorce.com LLC, 200 Continental Drive, Suite 401 Newark, DE 19713 (the "Notice Address"). The Notice must (a) describe the nature and basis of the
claim or dispute and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an
agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an
arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you
shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or
Company is entitled.
(c) After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly
reimburse you for your payment of the filing fee, unless your claim is for more than $75,000.
(Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by
the arbitration provider. If you are unable to pay this fee, Company will pay it directly after receiving
a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules
(the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, for all
claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000,
and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the
AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide,
except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and
the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Company and
you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the
basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established
by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by
telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right
to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for
preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any
dispute or claim to which Company was a party. Except as otherwise provided for herein, Company will pay
all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the
notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the
relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set
forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA
Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise
your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief
valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed
by the AAA rules.
(d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim,
the arbitrator issues you an award that is greater than the value of Company's last written settlement
offer made before an arbitrator was selected, then Company will:
pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater;
and pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses
(including expert witness fees and costs), that your attorney reasonably accrues for investigating,
preparing, and pursuing your claim in arbitration (the "attorney's payment").
If Company did not make a written offer to settle the dispute before an arbitrator was selected, you and your
attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the
arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to
the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any
time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling
on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the
value of Company’s last written settlement offer, the arbitrator shall include in his or her calculations
only the value of any attorney’s fees or expenses you reasonably incurred in connection with the arbitration
proceeding before Company’s settlement offer.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's
fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under
applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you
may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may have a
right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, Company will
not seek such an award for claims under $75,000.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only
to the extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE
THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS
OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY
GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than
one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
The arbitrator may award any relief that a court could award that is individualized to the claimant and
would not affect other customers. Neither you nor we may seek non-individualized relief that would affect
other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's
limitations as to a particular claim for relief, then that claim (and only that claim) must be severed
from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party
may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty
(30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed
during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules.
The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of
the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding,
subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any
future change to this arbitration provision (other than a change to any notice address, website link or
telephone number provided herein), that change will not apply to any dispute of which we had written notice
on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such
termination will not be effective until at least thirty (30) days after written notice of such termination
is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
8. Additional Terms. Some Company Services may be subject to additional posted guidelines, rules or
terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement
to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the
Additional Terms will control for that Service, unless the Additional Terms expressly state that these
Terms of Use will control.
9. Reviews, Comments, Communications, and Other Content. At various locations on the Site or through
Applications, Company may permit visitors to post ratings, reviews, comments, and other content
(the "User Content"). Contributions to, access to and use of the User Content is subject to this
paragraph and the other terms and conditions of these Terms of Use.
Rights and Responsibilities of Company.
Company is not the publisher or author of the User Content. Company takes no responsibility and assumes no
liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, Company takes reasonable steps to maintain
security. If you have reason to believe system security has been breached, contact us by email for help.
If Company’s technical staff finds that files or processes belonging to a member pose a threat to the proper
technical operation of the system or to the security of other members, Company reserves the right to delete
those files or to stop those processes. If the Company technical staff suspects a user name is being used
by someone who is not authorized by the proper user, Company may temporarily disable that user's access in
order to preserve system security. Company will attempt to contact the member as soon as feasible.
Company has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove,
re-categorize to a more appropriate location or otherwise change any User Content.
Company may post User Content on any of our family of sites and User Content on this site may have been collected
from any of our family of sites.
Rights and Responsibilities of Company Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that
you post or transmit using any Company service that allows interaction or dissemination of information.
In posting User Content, you agree that you will not submit any content:
that is known by you to be false, inaccurate or misleading;
that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy. Please see Compliance with Intellectual Property Laws below;
that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing
export control, consumer protection, unfair competition, antidiscrimination, or false advertising).
Please see Compliance with Export Restrictions below;
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously
biased or offensive, unlawfully threatening or unlawfully harassing, invades another’s privacy, or advocates or
encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
that includes advertisements, spam, or content for which you were compensated or granted any consideration
by any third party;
that includes information that references other websites, addresses, email addresses, phone numbers,
or other contact information;
that promotes or provides instructional information about illegal activities, or promoting physical harm or
injury against any group or individual;
that displays nudity or pornographic material of any kind, or material that exploits children under 18 years of age;
that contains any computer virus, worms, or other potentially damaging computer programs or files;
do or say anything to injure or cause harm others;
that otherwise violates these Terms of Use.
Attorneys that submit User Content and provide advice do so at their own risk.
Under United States federal law, you retain copyright on all works you create and post as User Content,
unless you choose specifically to renounce it. In posting a work as User Content, you authorize other
members who have access to that service to make personal and customary use of the work, including creating
links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such
dissemination.
You grant Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify,
delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or
incorporate such content into any form, medium, or technology throughout the world without compensation to you.
You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of Company. Company permits anonymous or
pseudonymous accounts. Any user may request that such member's email address be hidden to provide for additional privacy.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that Company may use your
email address to contact you about the status of your review and other administrative purposes.
10. NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH
YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
(B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE
BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED
THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON
THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR
OWN RISK. COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
NOTWITHSTANDING THE ABOVE, COMPANY OFFERS A GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE
HERE.
THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS OR
WHERE OTHERWISE PROHIBITED BY LAW.
11. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD COMPANY AND ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS
INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY
DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES,
RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS
PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR
THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
12. Unsolicited Submissions. Except as may be required in connection with your use of Company Services,
Company does not want you to submit confidential or proprietary information to us through this Site or any
Applications. All comments, feedback, information or material submitted to Company through or in association
with this Site shall be considered non-confidential and Company’s property. By providing such submissions
to Company you hereby assign to Company, at no charge, all worldwide right, title and interest in and to
the submissions and any intellectual property rights associated therewith. Company shall be free to use and/or
disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible
for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
13. Compliance with Intellectual Property Laws. When accessing Company or using the Company legal document
Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use
of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and
other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise
distribute any information or content in violation of any third party's copyrights, trademarks or other
intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of
intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any
infringements of third party rights caused by any content you provide or transmit or that is provided or
transmitted using your Company user account.
Company has adopted a policy that provides for the immediate removal of any content, article or materials that have
infringed on the rights of Company or of a third party or that violate intellectual property rights generally.
Company’s policy is to remove such infringing content or materials and investigate such allegations immediately.
Copyright Infringement:
Notice. Company has in place certain legally mandated procedures regarding allegations of copyright infringement
occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate
suspension and/or termination of any Site or Service user who is found to have infringed the rights of the
Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company's policy
is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable
access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your
rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable
the material in question, you must provide the Company with the following information in writing
(see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at that site; (3) Identification of the
material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled and information reasonably sufficient to permit the service provider to
locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an
address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief
that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or
the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
Copyright Agent
c/o OnlineDivorce.com LLC
200 Continental Drive
Suite 401 Newark, DE 19713
copyright@onlinedivorce.com
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the material in your Content, you may send a written counter-notice
containing the following information to the Copyright Agent: (1) Your physical or electronic signature;
(2) Identification of the Content that has been removed or to which access has been disabled and the
location at which the Content appeared before it was removed or disabled; (3) A statement that you have
a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification
of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent
to the jurisdiction of the federal court in Seattle, WA, and a statement that you will accept service of process
from the person who provided notification of the alleged infringement. If a counter-notice is received by the
Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing
that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright
owner files an action seeking a court order against the Content provider, member or user, the removed Content may
be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at
the Company's sole discretion.
14. Inappropriate Content. When accessing the Site, any Applications, or using Company's Services,
you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:
(i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages
conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits
funds or is a solicitation for goods or services. Company reserves the right to terminate or delete such
material from its servers. Company will cooperate fully with any law enforcement officials or agencies in
the investigation of any violation of these Terms of Use or of any applicable laws.
15. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications,
or the Materials in violation of United States export laws or regulations or in violation of any other applicable
laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States
or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export
as may be required. You acknowledge and agree that the Materials are subject to the United States Export
Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom
is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed
or embargoed countries or their nationals or used for any prohibited purpose.
16. Metrics. Metrics displayed on this Site may include timeframes, quantities, and other numbers combined from
across our family of sites.
17. Standardized State Forms. Many states have standardized forms for divorce and other matters. Unfortunately,
many people find completing them difficult. As part of our mission to simplify and provide affordable access to
legal protections, we provide an automated process that allows you, our customer, to prepare your own forms more
simply. We do not charge you for the form. In fact, sample versions are available to view without charge.
We charge for use of our Site, educational resources, and the related materials and services we provide.
18. Personal Use. The site is made available for your personal use on your own behalf.
19. User and Authorized Contact Access to Order Information. The Company will give you, or anyone you designate
as allowed “spouse access,” information about your order. This may include information about the nature and status
of your order, information you provided to process your order, payment information, and contact information. If you
want someone to have access to your order, you must provide him or her spouse access or they may not obtain
information. You can confirm who is authorized for access to your account, add new authorized contacts, or remove
authorized contacts by clicking first on "My Profile", and then on "Spouse Access." You can then designate the
individual as having edit or only view access.
20. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit
any personal information to us.
21. Customers Needing Extra Assistance. Company aims to provide full access to its website and product
offerings regardless of disability. If you are unable to read any part of the Website, or otherwise have
difficulties using the Website, please call 1 877 503 0262 and our customer care team will assist you.
22. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site,
an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 7 of these
Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts
for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise
involving this Site or an Application.
24. Trademarks. OnlineDivorce.com LLC, OnlineDivorce, all images and text,
and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of
Company. All other trademarks, product names and company names or logos cited herein are the property of their
respective owners.
25. Inquiries. BY USING COMPANY'S SERVICES OR ACCESSING THE COMPANY SITE OR APPLICATIONS, YOU ACKNOWLEDGE
AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER OR EMAIL ADDRESS TO COMPANY VIA THE COMPANY SITE OR APPLICATIONS
CONSTITUTES AN INQUIRY TO COMPANY, AND THAT COMPANY MAY CONTACT YOU AT THE NUMBER SUBMITTED OR EMAIL ADDRESS EVEN
IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME
FRAMES AS APPROPRIATE).
26. Right to Refuse. You acknowledge that Company reserves the right to refuse service to anyone and to
cancel user access at any time.
27. Acknowledgement. BY USING COMPANY’S SERVICES OR ACCESSING THE COMPANY SITE OR APPLICATIONS,
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. Company is
located at OnlineDivorce.com LLC, 200
Continental Drive,
Suite 401, Newark,
DE 19713.
Updated 01/11/2022
1. I understand and agree that OnlineDivorce.com (“Company” or “Site”) is not a law firm or an
attorney,
may not perform services performed by an attorney, and its forms or templates are not the substitute
for the advice or services of an attorney. Rather, I am representing myself in this legal matter.
No attorney-client relationship or privilege is created with Company.
2. If, prior to my purchase, I believe that Company gave me any legal advice, opinion or recommendation
about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed
with this purchase, and any purchase that I do make will be null and void.
3. I understand that these Terms require the use of arbitration on an individual basis to resolve disputes, rather
than jury trials or class actions, and also limit the remedies available to me in the event of a
dispute as described in the Company Arbitration Agreement, contained in Paragraph 15 of these
Terms of Service.
4. Subscriptions.
I understand that my purchase provides access to the platform and support services for thirty days.
After thirty days, access automatically renews monthly and my card will automatically be charged the
current rate, as indicated at my time of purchase (rate subject to change). Cancel renewals anytime
by visiting My Profile
Storage Subscription. If you have purchased the Company Storage subscription, Company will
electronically store your documents and data for easy data recovery. Customers using Company Storage
are encouraged to keep original copies of their documents in a secure location. Notice that by canceling
Storage subscription you give Company permission to delete all your data from our storage.
Fees. When you purchase a subscription, you will be charged in accordance with the billing
terms in effect at the time of your initial purchase. If you purchase a subscription that is
charged in full on purchase, in each renewal period for that subscription, you must pay the
total cost of the next subscription period by the first day of that period. For each subscription,
your charge remains for each subscription period no matter if you access the services or
Site during any subscription term. In other words, EVEN IF YOU DO NOT USE THE SUBSCRIPTION,
INCLUDING ACCESSING QUESTIONNAIRES, SUPPORT SERVICES, OR OTHER BENEFITS, YOU ARE RESPONSIBLE
FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
Billing. You must provide valid credit card information at the time of purchase to allow payment
for the initial membership term of a subscription.
Renewals. For your automatically renewing subscriptions, your subscription will renew
at the end of the initial membership term (the “Billing Date”) and at the end of each successive
membership term, until you notify us that you want to terminate your subscription under these
Terms or your subscription is otherwise terminated. If you do not notify us, your credit card
will automatically be charged for the renewal term of your subscription on your Billing Date.
If your purchase date is on the 29th through 31st day of any month, your Billing Date for
renewals in months with fewer days will fall on the last day of the month. Company may adjust
your Billing Date in subsequent renewal periods without notice. This will be reflected by a
charge to your account on a prorated basis according to the number of days that have passed
since the Billing Date of your latest renewal charge. Unless Company otherwise notifies you in
advance under these Subscription Terms, the renewal charge will be equal to the original purchase
price for the subscription. Company may obtain automatic updates for any expiring credit cards you
have provided.
You must pay Company the fees associated with your subscription. Additional discounts may be available
for members purchasing multiple months up front or as part of certain promotions.
Notice of Automatic Renewal. We may send a reminder email to your account’s email address of
record before your Billing Date. Unless required by law in the state where you reside, Company
is not obligated to provide this notice. You acknowledge that (i) your failure to read, (ii)
your inability to receive, or (iii) Company’s failure to send the email creates no liability for
Company.
Promotional Trial Memberships. We sometimes offer customers trial memberships, all of
which are subject to these Subscription Terms (unless otherwise stated in the offer).
For a trial or other promotional membership with no initial charge, you agree we may
authorize a charge of up to one dollar ($1) to your method of payment to verify your payment source.
AT THE COMPLETION OF A TRIAL MEMBERSHIP, UNLESS YOU CHOOSE TO CANCEL BY CALLING
1 877 503 0262 OR THROUGH
MY PROFILE
YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR
INITIAL
MEMBERSHIP TERM.
Responsibility for Misuse. You may not: (i) license, sublicense, sell, resell, transfer, assign,
distribute, or otherwise make available to any party the benefits granted to you by or any content
in your subscription; or (ii) change, reproduce, reverse engineer, make derivative works based on
or referring to, or in any way exploit the licenses you have been granted with your subscription,
or content or source code in your subscription
You are responsible for all expenses incurred or other actions that may occur through your use of
a subscription. You must alert us immediately of any fraudulent, unauthorized, illegal, or
suspicious use of a subscription or subscription benefits, or any other breach of security or
unauthorized or illegal activity that you reasonably suspect.
Changes to Subscriptions.
General Changes. Company may discontinue the offering of a subscription, including
the functionality, content, or availability of any features of subscriptions or
Third-Party Services, at any time in its sole discretion. We may also impose limits on
features and services or restrict your access to all or part of the subscription.
However, you have the right to cancel your membership should we materially decrease
benefits. If we add new features to a subscription, the new features will be subject to
these Subscription Terms. If you add a product or service to your subscription, Company
has the discretion to charge you a prorated portion of the costs to align your renewal
date with your current subscription. Company will provide you notice before doing so.
Fee Adjustments. Company may increase subscription fees by notifying you of new
fees at least 30 days before the beginning of a renewal term. The new fees will be
effective on the first day of the renewal term. If you do not cancel your subscription,
you will be deemed to have accepted the new fees for the renewal term and subsequent
renewal terms (unless the fees are increased in the same manner for a
subsequent renewal term). Reductions in fees become effective on the first day of
the next renewal term without a pro rata adjustment for the period covered under
the prior fee schedule.
Renewal Term Adjustments. Company offers subscriptions of various lengths.
Company may increase the renewal term from monthly, quarterly, or otherwise, to quarterly,
annually, or otherwise at our discretion by notifying you of the new renewal term at
least 30 days before the beginning of a renewal term. If you do not cancel your
subscription, you will be deemed to have accepted the new renewal term moving forward
(unless the renewal term is changed in the same manner for a subsequent renewal term).
Discontinuation and Replacement of Subscriptions. Should Company cease to offer your
subscription, we can discontinue your subscription, continue to provide it to you, or
provision a replacement (similar or comparable product) at the then-current price.
Additional fees may be charged for such replacement subscription. Company will notify
you of new fees at least 30 days before they become effective.
By Subscriber. You may upgrade or downgrade your subscription to other available
options at any time by calling our Customer Care Center at 1 877 503 0262 or
by
cancelling online at My Profile.
Termination or Cancellation
By Company.
Company may terminate your use of all or part of the subscriptions in its sole discretion.
As your sole remedy, we will refund to you any prepaid fees specifically related to the
current term of that subscription.
Your right to use a subscription is subject to any limits established by Company or by
your credit card issuer. If payment cannot be charged to your credit card or your charge
is returned for any reason, including through a chargeback, Company may, in its sole and
absolute discretion, suspend or terminate your access and account, which will terminate
these Subscription Terms and our obligations under them. If a charge made to your credit
card is declined, Company may, but is not obligated to, contact you and may make
multiple attempts to bill that card over a thirty-day period.
If you wish to reactivate your account after a termination, the new term begins on the
reactivation date.
By Subscriber. You may cancel your subscription at any time by calling our Customer
Care Center at 1 877 503 0262 or by cancelling online at
My Profile. After you have
cancelled, your subscription will remain active until the end of then-current period.
Services After Termination. After your subscription is terminated or your
membership term has ended, you will not be able to access the corresponding
subscription offerings.
5. Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, I WILL HOLD COMPANY AND ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION
IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR
PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY ME OF ANY FEDERAL, STATE, OR LOCAL LAWS,
STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT
PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR
LIMITATION OR EXCLUSION MAY NOT APPLY TO ME. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CUSTOMERS.
6. Terms of Use. I understand that the Site's general terms of use (the "Terms of Use") also apply
to these Terms of Service and in agreeing to these Terms of Service, I acknowledge that I have read and
agree to those
Terms of Use,
which are incorporated herein by reference.
7. Platinum Service. If you choose to purchase our Platinum Service (sometimes called our Premium
Service), the following provisions apply to you:
You are responsible for paying court filing fees.
You may make unlimited changes to your paperwork prior to the initial shipment to you.
You must review and approve forms for use and confirm your and your spouse’s mailing addresses
prior to transmission or shipment for signature.
Once fully signed, we will make your initial filing with the court and either serve the divorce
papers on your spouse or arrange for your spouse’s signature, varying by state. Your spouse must
be willing to sign the paperwork for us to complete this service. Because significant work will
have been performed, your spouse declining to sign the paperwork is not grounds for a refund.
Once your spouse has signed and returned all required paperwork, we will file the spousal
documents with the court.
While we provide instructions, future court filings are your responsibility.
We will attempt to notify you if the documents you or your spouse are due to return are not
received or are received but incomplete. We will retain incomplete documents or documents that
cannot continue in the process for a minimum of 180 days, but may destroy them after that time
as we consider the signatures stale. We will retain only electronic copies. This will necessitate
repeating the signature process if you desire to move forward. Once we destroy documents we
consider stale, we will return associated money orders to you absent you providing and our
accepting contrary instructions. Company is not responsible for the cost of money orders lost
in return shipping. As a courtesy, we will extend the time we retain stale paperwork for our
subscribers, but cannot file them absent fresh signatures.
8. MEDIATION TERMS. If you are offered and/or choose to purchase mediation services, the following
provisions apply to you:
Mediators providing services through this site are not attorneys and do not provide legal advice.
Our Mediators are professionals with a wide variety of backgrounds, who are intended to serve as
neutral third parties who can assist with navigating disputes with your spouse. Although some
Mediators may have professional certifications in law, counseling and similar fields, communication
with a Mediator does not establish an attorney-client, therapist-client or doctor-patient relationship.
The Company makes no representations or warranties regarding the background, licensure,
competency or abilities of the Mediators.
Chat-Based Mediation: A chat-based Mediation Session is a fast paced text exchange between users
and Mediators for the purpose of helping parties reach agreements. If you enable a chat-based
Mediation Session, you and your spouse will be connected with a Mediator in a live chat. You
understand that if you and your spouse are unresponsive for over 8 hours during a Mediation
Session, the Mediator may close the session due to inactivity.
Live Mediation: A telephone or video conference Mediation session is a limited-time conversation
between users and Mediators for the purpose of helping parties reach agreements.
YOU HEREBY EXPRESSLY AGREE THAT ALL COMMUNICATIONS DURING THE MEDIATION SESSION WILL BE
CONFIDENTIAL AND THAT YOU WILL NOT PROVIDE SCREENSHOTS, PHOTOS, COPIES, OR THE CONTENT OF ANY
COMMUNICATIONS DURING A MEDIATION SESSION IN ANY COURT PROCEEDING INVOLVING YOUR CO-PARENT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO THIS SECTION, YOUR SPOUSE IS A THIRD
PARTY BENEFICIARY OF THESE TERMS WITH FULL RIGHT AND AUTHORITY TO SEEK AN ORDER ENJOINING YOUR
DISCLOSURE IN VIOLATION OF THIS SECTION. The Company may, but is under no obligation to, bring
an action to enforce your compliance with this Section. For clarity, the foregoing
confidentiality commitment extends only to Mediation Sessions involving you, your spouse, and a
Mediator, and does not extend to any other communications on the Site.
If you are represented by an attorney, you are solely responsible for contacting, communicating
and receiving any advice from your attorney before entering into an agreement or communication
while engaged with a Mediator.
IF YOU ENGAGE WITH A MEDIATOR, YOU MUST INFORM THE MEDIATOR IF YOU HAVE A CURRENT CIVIL OR CRIMINAL
PROTECTIVE ORDER IN PLACE EITHER PROTECTING YOU OR PROHIBITING YOU FROM CONTACT WITH YOUR SPOUSE.
The Company reserves the right to report to law enforcement and other appropriate state agencies
if the Company has a reasonable suspicion that a child is suffering from emotional abuse,
physical abuse or neglect, or if a Mediator has a reasonable suspicion that an identifiable
person is a danger to himself or herself or to another. Safety is of the utmost importance and
violence or threats will not be tolerated. The Company, however, has no legal obligation to
monitor communications. If you receive threats from your spouse or any other user of the Platform,
or if you suspect a child is being harmed, you should report this to the appropriate authorities
immediately.
To protect their privacy, mediators may not use their real names.
You expressly agree to pay any and all attorney’s fees and costs incurred by the Company or any
of its officers, employees, agents or representatives, if you seek to compel any of them to
testify, respond to discovery, authenticate communications or produce documentation.
9. ATTORNEY ADVERTISEMENTS. Attorneys advertised on this site are independent attorneys.
See the attorney in your area who's responsible for these
advertisements. Company is not an "attorney referral service" or a law firm.
Notice to Alabama customers: No representation is made that the quality of the legal services
to be performed is greater than the quality of legal services performed by other lawyers.
Notice to Missouri customers: The choice of a lawyer is an important decision and should not
be based solely upon advertisements.
Notice to New York customers: Prior results do not guarantee a similar outcome.
10. Additional Terms. I understand that my purchase may be subject to additional terms and conditions.
Any additional terms provided to me are incorporated herein by reference.
11. Third Party Services. If I purchased a product that involves third party services, I understand that
I may be required to accept additional terms located on the third party’s site. The third party may contact me
by email and/or phone with instructions on how to access my benefits. COMPANY HEREBY DISCLAIMS LIABILITY FOR
ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. COMPANY
IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY
HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF COMPANY AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY
THAN THE COMPANY SITE.
12. Future Products and Services. If I choose to add a product or service to my order subsequent to this
initial purchase, these Terms of Service will apply to that additional product or service purchase as well.
13. Abandoned Orders. My purchase allows me to create my own legal documents. I understand that, other
than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store
credit other than as described by the Company
Guarantee.
Both parties acknowledge that Company is out of
pocket time and money for undertaking the work and both parties fully intend to complete the order.
Abandoned orders will result in liquidated damages equal to the amount paid to Company for reimbursement of our
commitment to service this order.
14. Suspended Accounts. If Company encounters evidence of suspicious activity in connection with my account,
including, but not limited to, evidence that my account is being used by someone who is not authorized to do so,
I acknowledge that Company, in its sole discretion, may opt to temporarily disable my account for a
reasonable amount of time in order to investigate. In the event that Company disables my account,
I understand that, absent a subpoena or court order, no information about my account will be provided
to anyone outside Company, including me or any authorized contact, until the investigation is complete.
Additionally, I understand that Company, in its sole discretion, may decide not to send any documents
associated with my account to me or file any such documents with any government authority, while my account
is disabled. I acknowledge that Company will not be liable for any delays caused by these policies and procedures.
15. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care
Center at 1 877 503 0262. In the unlikely event that the Company Customer Care Center is unable
to resolve your complaint to your satisfaction (or if Company has not been able to resolve a dispute it
has with you after attempting to do so informally), we each agree to resolve those disputes through
binding arbitration or in small claims court rather than in a court of general jurisdiction.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or
jury, allows for more limited discovery than a court does, and is subject to very limited review by courts.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class
actions are not permitted.
While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a
case in court, for any non-frivolous claim that does not exceed $75,000, Company will pay all costs
of the arbitration. Moreover, in arbitration you may recover attorney's fees from Company to the same
extent or more as you would in court. The arbitrator shall apply the same limitations period that would
apply in court.
Under certain circumstances (as explained below), Company will pay you more than the amount of the arbitrator's
award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards
you an amount greater than what Company offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
Arbitration Agreement:
(a) Company and you agree to arbitrate all disputes and claims between us before a single arbitrator.
The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies,
without limitation, to:
claims arising out of or relating to any aspect of the relationship between us, whether based in
contract, tort, statute, fraud, misrepresentation, or any other legal theory;
claims that arose before these or any prior Terms (including, but not limited to, claims relating to
advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a
certified class;
and claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to " Company," "you," and "us" include our respective
subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest,
successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products
under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, spouses,
children, dependents, or others named in divorce documents.
Notwithstanding the foregoing, either party may bring an individual action in small claims court.
This arbitration agreement does not preclude your bringing issues to the attention
of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by
jury or to participate in a class action. These Terms evidence a transaction or website use in
interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement
of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of
Dispute ("Notice") to the other party. A Notice to Company should be addressed to: Notice of Dispute,
General Counsel, OnlineDivorce.com LLC, OnlineDivorce.com LLC, 200
Continental Drive,
Suite 401, Newark,
DE 19713 (the "Notice Address").
The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief
sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the
Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount
of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the
arbitrator determines the amount, if any, to which you or Company is entitled.
(c) After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly
reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the
filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider.
If you are unable to pay this fee, Company will pay it directly after receiving a written request at the
Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules")
of the American Arbitration Association (the "AAA"), as modified by these Terms, for all claims under
$75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and
will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling
the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for
the arbitrator to decide, except that issues relating to the scope, enforceability, and
interpretation of the arbitration provision and the scope, enforceability,
and interpretation of paragraph (f) are for the court to decide. Unless Company and
you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address.
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis
of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by
the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by
telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right
to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for
preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any
dispute or claim to which Company was a party. Except as otherwise provided for herein, Company will pay all
AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice
requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief
sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth
in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.
In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your
obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief
valued at more than $75,000 (excluding attorney’s fees and expenses), the payment of these fees will be governed
by the AAA rules.
(d) For claims under $75,000, if, after finding in your favor in any respect on the merits of your claim, the
arbitrator issues you an award that is greater than the value of Company's last
written settlement offer made before an arbitrator was selected, then Company will:
pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater;
and pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert
witness fees and costs), that your attorney reasonably accrues for investigating, preparing,
and pursuing your claim in arbitration (the "attorney's payment").
If Company did not make a written offer to settle the dispute before an arbitrator was selected, you and your
attorney will be entitled to receive the alternative payment and the attorney's fees, respectively,
if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve
disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and
the attorney's fees at any time during the proceeding and upon request from either party made
within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that
includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer,
the arbitrator shall include in his or her calculations only the value of any attorney’s fees or expenses
you reasonably incurred in connection with the arbitration proceeding before Company’s settlement offer.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees
and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under
applicable law, this provision does not preclude the arbitrator from awarding you that amount. However,
you may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may
have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding,
Company will not seek such an award for claims under $75,000.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN
ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless
both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may
not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief
that a court could award that is individualized to the claimant and would not affect other customers. Neither
you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable
law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that
claim (and only that claim) must be severed from the arbitration and may be brought in court.
(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party
may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty
(30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed
during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The
three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the
appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding,
subject to any right of judicial review that exists under the FAA.
(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future
change to this arbitration provision (other than a change to any notice address, website link or telephone
number provided herein), that change will not apply to any dispute of which we had written notice on the
effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such
termination will not be effective until at least thirty (30) days after written notice of such termination
is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
16. Installment Plan.
(a) Offering. The Company Installment Plan (the "Installment Plan") is available as a purchase
option for certain products. Upon receipt of my initial payment, I will have access to
the post-purchase questionnaires and other support services, but will not be able to
complete my order or receive my final documents until I complete my Installment Plan payments.
(b) Billing. By opting into the Installment Plan, I agree to make an initial payment
(the "Initial Installment Payment") immediately when I place my order or as otherwise agreed.
I hereby authorize Company to charge my credit card for additional installments (each an "Installment Billing Date")
on the dates arranged with my authorization. If we select a monthly Installment Plan and my purchase date is
on the 29th through 31st day of any month, an Installment Billing Date for months with fewer days will
fall on the last day of the month. Each payment will be of the same amount unless otherwise agreed,
except that if the total purchase price does not divide evenly into the agreed number of parts, my
final installment payment will include all outstanding amounts. I understand that I may pay my
outstanding balance at any time without incurring additional charges.
(c) Default. If my credit card is declined, I agree that Company may make multiple attempts to
bill that card. If I remain in default on a payment when a subsequent payment is due, I authorize
Company to charge any due payment amounts to my credit card. I understand that Company may restrict
my ability to use its service, including continuing work on questionnaires, or purchase other Company
products if I am delinquent on any payment. I understand that Company may accept late or partial payments,
as well as payments that reflect "paid in full" or other restrictive endorsements, without limiting any of
its rights under these Terms of Service. I acknowledge that Company is out of pocket time and money for
servicing partially paid orders, and fully intend to complete my Installment Plan payments and the order.
Abandoned Installment Plans will result in liquidated damages equal to the amount paid to Company for
reimbursement of its commitment to service the order.
(d) Notice of Automatic Billing. Company may send a reminder email to the email address of record for
my account before my Installment Billing Dates. I acknowledge and agree that this notice is provided as
a courtesy only, and Company is not obligated or required to provide such notice. I acknowledge and
agree that (i) my failure to read, (ii) my inability to receive, or (iii) the failure of Company to
send the email does not create any liability on the part of Company or any third-party service provider.
(e) Disputed Charges. I understand that if I dispute a charge to my credit card, I should call the Company
Customer Care Center immediately at 1 877 503 0262 and Company will investigate the matter.
(f) Account Information. I agree to notify Company immediately of any changes to my credit card number,
its expiration date, and/or my billing address, or if my credit card expires or is cancelled for any reason.
17. Delivery. For products delivered via physical shipment, I understand that Company uses a variety
of carriers for each shipping option and will choose a delivery method for the shipping option and address
I designate. If I select overnight delivery or two-day delivery, I agree that Company may use air or
ground shipping as necessary to get my items to me within the promised time frame. The shipping fee
indicated does not necessarily represent the actual amount paid by Company to the carrier chosen for
the delivery of my order. It may include, in addition to the fees paid to the carrier, Company or
third party handling and processing fees. For products delivered electronically, I understand that
I will be notified via email when my product is complete and available for download. I understand that
I may access my product by logging in to
My Account.
18. Reviews. After your purchase, you may receive an email survey request from Company. You may also
write a review on the Site. If you complete the survey or submit a review, your opinions may be posted,
in whole or in part, on the Site or used in marketing material. The review may be accompanied by
limited identifying information, such as your first name and last initial, the product you purchased,
your gender, city and/or state, and age range.
19. Access to World Wide Web; Internet Delays. To use Company services, I must obtain access to the World
Wide Web, either directly or through devices that access web-based content, and pay any service
fees associated with such access. I am responsible for providing all equipment necessary
to make such connection to the World Wide Web, including a computer and Internet access. Access
to certain Company services may be limited or delayed based on problems inherent in the use of
Internet and electronic communications. I understand that Company is not responsible for delays,
delivery failures, or other damage resulting from such problems.
20. Notice to California Residents. Under California Civil Code Section 1789.3, California users of
our Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of
the Division of Consumer Digital Services of the California Department of Consumer Affairs may be contacted
in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
21. Force Majeure. Company shall not be considered in breach of or default under these Terms of Service
or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the
performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought,
landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic,
famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict,
labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen
(each a "Force Majeure Event"). If a Force Majeure Event continues for more than 60 days in the aggregate,
Company may immediately terminate these Terms of Service and shall have no liability to me for or as a
result of any such termination.
22. Right to refuse. I acknowledge that Company reserves the right to refuse service to anyone.
23. I acknowledge that Company is not a registered or bonded legal document assistant under California
Business and Profession Code, sections 6400 et seq. Company is located at OnlineDivorce.com LLC, 200
Continental Drive,
Suite 401, Newark,
DE 19713.
24. I acknowledge that I have had the opportunity to view sample templates of Company documents and may
call Company Customer Care at 1 877 503 0262 with questions or for assistance locating sample
templates.
25. By proceeding with my purchase, I agree to these Terms of Service.
26. Reviews and metrics compiled across our family of Divorce for All websites.
Updated 01/11/2022
Effective Date: 1/1/2021 Last Revised on: 12/22/2021 Last Reviewed on: 12/22/2021
OnlineDivorce.com, and its affiliates and subsidiaries, (collectively,
“OnlineDivorce”, “Company”, “Us”, “Our”, or “We”) recognize that you may be concerned about our
collection, use, and disclosure of your personal information. We respect your privacy and are committed to providing
a transparent notice of our privacy practices.
This policy describes the types of information We may collect from you when you visit our website(s), including
www.onlinedivorce.com,
and/or our mobile application(s) (collectively, our "Site"). This policy also covers information We collect about you offline, from third parties, or when you
visit one of our locations or contact us by phone. This policy describes our practices for collecting, using,
maintaining, protecting, and disclosing that information.
Please read this policy carefully to understand our policies and practices regarding your information and how We will
treat it. This policy may change from time to time (see Changes to Our Privacy Policy).
INFORMATION COLLECTION
We collect several types of information from and about you, including:
Information provided by you, such as name, address, email address, telephone number, and other personally
identifying information. For example, We collect information from you when you register online or fill out a
questionnaire on our Site;
Information provided by third parties about you. As part of our services, We may also collect information
from your attorneys, your current or former spouse, and third-party reporting services, including, for example,
information about your marriage, properties, debts, assets, and contact information; and
Information collected automatically as you navigate through the Site. Information collected automatically
may include usage details, domain address, IP addresses, internet browser, operating system, your internet
connection, the equipment you use to access our Site, and information collected through cookies.
SOCIAL SECURITY NUMBER PROTECTION POLICY
Social Security numbers are classified as “Confidential” information under Our Information Security and Privacy
Policies. As such, Social Security numbers may only be accessed by and disclosed to Our associates and others with a
legitimate business purpose in accordance with applicable laws and regulations. Social Security numbers, whether in
paper or electronic form, are subject to physical, electronic, and procedural safeguards. These restrictions apply
to all Social Security numbers collected or retained by Us in connection with customer, current or former spouse
of customer, employee, or other relationships.
INFORMATION USE
We use information that We collect about you or that you provide to us:
to present our Site and its contents to you and to improve our Site (We continually strive to improve our Site
offerings based on the information and feedback We receive from you);
to provide you with information or services that you request from us;
to fulfill Our obligations to you as a customer;
to provide you with notices about your account and to improve customer service (your information helps us to
more effectively respond to your customer service requests and support needs);
to carry out Our obligations and enforce our rights arising from any contracts entered into between you and Us,
including for billing and collection;
to notify you about changes to our Site or any products or services We offer or provide through it;
to allow you to participate in interactive features on our Site and to personalize your experience (your
information helps us to better respond to your individual needs);
to enable communications to you regarding our services such as email and text;
to work with marketing partners to provide you with products or services that may be of interest to you;
to fulfill any other purpose for which you provide it and in any other way We may describe when you provide the
information; and
for any other purpose with your consent or authorization.
DISCLOSURE OF YOUR INFORMATION
We may disclose information that We collect about you or that you provide us directly as described in this privacy
policy:
to our subsidiaries and affiliates;
to contractors, service providers, and other third parties We use to support our business;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution,
or other sale or transfer of some or all of Company's assets, whether as a going concern or as part of bankruptcy,
liquidation, or similar proceeding, in which personal information held by Company
about our Site users is among the assets transferred;
to fulfill the purpose for which you provide it. For example, to process your inquiry regarding your product
purchased, a divorce, parenting classes, or name change services;
for any other purpose disclosed by us when you provide the information;
with your consent or authorization.
We may also disclose your personal information:
to comply with and/or respond to any court order, law, or legal process, including to respond to any government,
regulatory, or law enforcement request;
to enforce or apply our Terms of Use, Terms of Service, and other agreements, including for billing and
collection purposes; and
if We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our
customers, or others. This includes exchanging information with other companies and organizations for the
purposes of fraud protection and credit risk reduction.
We may disclose aggregated information about our users and deidentified data or information that does not identify an
individual.
SECURITY
We have implemented reasonable measures designed to secure your personal information from accidental loss and from
unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on
you. Where We have given you (or where you have chosen) a password for access to certain parts of our Site, you
are responsible for keeping this password confidential. We ask you not to share your password with anyone.
LINKS
This Site may contain links to other sites. Please be aware that We are not responsible for the content or privacy
practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy
statements of any other site that collects personally identifiable information.
CHILDREN UNDER THE AGE OF 13
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or
on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not
use or provide any information to or on this Site or through any of its features. If We learn We have collected
or received personal information from a child under 13 without verification of parental consent, We will delete that
information. If you believe We might have any information from or about a child under 13, please contact us in one
of the ways provided in the Contact Information section, below.
DO NOT TRACK
We do not respond to Web browser “do not track” signals or other mechanisms. Other parties may collect personally
identifiable information about your activities over time and across different Web sites when a consumer uses our Site or service.
CHANGES TO OUR PRIVACY POLICY
It is our policy to post any changes We make to our privacy policy on this page.
CONTACTING US
If there are any questions regarding this privacy policy you may contact us via telephone
1 877 503 0262 or at
support@onlinedivorce.com
or via mail at Attn: General Counsel at , 200
Continental Drive,
Suite 401, Newark,
DE 19713.
Effective Date: 1/1/2021 Last Revised on: 12/22/2021 Last Reviewed on: 12/22/2021
OnlineDivorce.com (“we,” “our”, or “Company”) respects your privacy and is committed to providing
a transparent Notice at Collection and Privacy Policy for California Residents. This Notice and Privacy Policy for
California Residents applies solely to those who reside in the State of California (“consumers” or “you”).
The purpose of this notice and privacy policy is to provide California residents, at or before the time we collect
your personal information, with a comprehensive description of our online and offline practices regarding the
collection, use, disclosure, and sale of personal information and of the rights of consumers regarding your personal
information:
Notice at or before the point of collection, about the categories of personal information to be collected
from you and the purposes for which the personal information will be used.
A comprehensive description of our online and offline practices regarding the collection, use, disclosure,
and sale of personal information and of your rights regarding your personal information, including:
Your right to know about personal information collected, used, disclosed or sold:
Categories of personal information we collected in the preceding 12 months
Categories of sources from which personal information is collected
Categories of personal information, if any, we disclosed or sold in the preceding 12 months
For each category identified as disclosed or sold, categories of third parties to whom the
information was disclosed or sold
Notice that we do not sell your personal information
Your right to request deletion of your personal information
How to submit a verified consumer request for your Right to Know or Right to Delete
How to use an authorized agent to submit a verified consumer request
Your right to non-discrimination for the exercise of your privacy rights
Other California privacy rights
Changes to our privacy notice
Our contact information
Notice at Collection and Privacy Policy for California Residents
Notice at Collection
The purpose of this Notice at Collection is to provide you with timely notice, at or before the point of collection,
about the categories of personal information to be collected from you and the purposes for which the personal
information will be used.
Do We collect?
Categories of Personal Information
[ x ]
A. Identifiers: For example, a real name, alias, postal address, unique personal identifier,
online identifier, Internet Protocol address, email address, account name, social security number,
driver’s license number, passport number, or other similar identifiers.
[ x ]
B. Personal Information Categories from Cal. Civ. Code § 1798.80(e): For example, a name,
signature, Social Security number, physical characteristics or description, address, telephone number,
passport number, driver’s license or state identification card number, insurance policy number,
education, employment, employment history, bank account number, credit card number, debit card number,
or any other financial information, medical information, or health insurance information.
[ x ]
C. Characteristics of CA or Federal Protected Classifications: For example, race, religion,
national origin), age (40 and over), gender, sexual orientation, medical condition, ancestry, pregnancy
(includes childbirth, breastfeeding and/or related medical conditions), familial status, disability,
veteran status, or genetic information.
[ x ]
D. Commercial Information: For example, records of personal property, products or services
purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
[ _ ]
E. Biometric Information: For example, physiological, biological or behavioral characteristics,
including an individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with
each other or with other identifying data, to establish individual identity. Biometric information
includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein
patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae
template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or
rhythms, and sleep, health, or exercise data that contain identifying information.
[ x ]
F. Internet or Other Similar Network Activity: For example, browsing history, search history, and
information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
[ x ]
G. Geolocation Data: For example, information that can be used to determine a device’s physical
location.
[ _ ]
H. Sensory or Surveillance Data: For example, audio, electronic, visual, thermal, olfactory, or
similar information that can be linked or associated with a particular consumer or household.
[ x ]
I. Professional or Employment-Related Information: For example, compensation, evaluations,
performance reviews, personnel files and current and past job history.
[ x ]
J. Education Information (defined as information that is not publicly available personally
identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C.
section 1232g, 34 C.F.R. Part 99)): Education records directly related to a student maintained by an
education institution or party acting on its behalf, for example, non-public information that can be
used to distinguish or trace an individual’s identity in relation to an educational institution either
directly or indirectly through linkages with other information.
[ x ]
K. Profile Data: For example, inferences drawn from personal information to create a profile
about a consumer reflecting the consumer’s preferences, characteristics, psychological trends,
predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Please note that Personal Information does not include:
Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CCPA's scope, like:
health or medical information covered by the Health Insurance Portability and Accountability Act of 1996
(HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit
Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act
(CalFIPA), and the Driver's Privacy Protection Act of 1994.
We use the personal information we collect for one or more of the following business purposes:
To fulfill or meet the reason for which the information is provided.
With your consent or authorization.
For our internal operation purposes.
For auditing relating to consumer transactions including ad impressions and compliance with regulations.
Fraud and security detection.
Debugging to identify and repair errors.
Short-term data use for the current interaction that is not used to build a profile.
Servicing transactions and accounts (e.g., customer service, maintaining and servicing accounts, customer
verification, payment processing) and providing services on behalf of business or service provider (e.g.,
financing, advertising or marketing, analytics).
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or
transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or
similar proceeding, in which personal information held by us is among the assets transferred.
Undertaking internal research for technological development and demonstration.
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned,
manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service
or device that is owned, manufactured, manufactured for, or controlled by the business.
To share the personal information with service providers to carry out other business purposes.
We will not collect additional categories of personal information without providing you a new Notice at Collection
disclosing those categories.
Privacy Policy
The purpose of this privacy policy is to provide you with a comprehensive description of our online and offline
practices regarding the collection, use, disclosure, and sale of personal information and of your rights regarding
your personal information.
Your Right to Know
You have the right to request that we disclose what personal information we collect, use, disclose, and sell. You can
do this through a verified consumer request. That process is described below in the section, “Submitting a Verified
Consumer Request.”
We collect personal information, which means information that identifies, relates to, describes, is capable of being
associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household
(“personal information”). The following table includes disclosures for the preceding 12 months of: categories of
personal information we have collected about consumers, the categories we have disclosed for a business purpose, and
categories of third parties with whom we shared the personal information during that period.
Category
In the preceding 12 months this category was:
Categories of third parties to whom the information was disclosed
Collected
Disclosed
A. Identifiers
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Cloud storage providers
Payment processors
Web hosting service providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Cybersecurity service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
B. Personal Information Categories from Cal. Civ. Code § 1798.80(e)
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Cloud storage providers
Payment processors
Web hosting service providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Cybersecurity service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
C. Characteristics of CA or Federal Protected Classifications
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Cloud storage providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
D. Commercial Information
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Cloud storage providers
Web hosting service providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
E. Biometric Information
[ _ ]
[ _ ]
F. Internet or Other Similar Network Activity
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Web hosting service providers
Help Desk service providers
Financial, legal, and accounting service providers
Cybersecurity service providers
Customer relationship management tool providers
Product fulfilment service providers
G. Geolocation Data
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Web hosting service providers
Help Desk service providers
Financial, legal, and accounting service providers
Cybersecurity service providers
Customer relationship management tool providers
Product fulfilment service providers
H. Sensory or Surveillance Data
[ _ ]
[ _ ]
I. Professional or Employment-Related Information
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Cloud storage providers
Web hosting service providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
J. Education Information
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Cloud storage providers
Web hosting service providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
K. Profile Data
[ x ]
[ x ]
Advertising and marketing service providers
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Cloud storage providers
Web hosting service providers
E-mail distribution service providers
Help Desk service providers
Financial, legal, and accounting service providers
Logistics and planning tool service providers
Customer relationship management tool providers
Product fulfilment service providers
The categories identified as collected in the table above were collected from the following categories of sources:
You directly
Your current or former spouse
Advertising networks
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Social networks
Data brokers
We Do Not Sell Personal Information
We do not sell personal information. We do not have actual knowledge that we sell the personal information of minors
under 16 years of age.
Your Right to Request Deletion of Your Personal Information
You have the right to request that we delete any of your personal information collected by us, subject to certain
exceptions. You can do this through a verified consumer request. That process is described below in the section,
“Submitting a Verified Consumer Request.”
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you
requested, take actions reasonably anticipated within the context of our ongoing business relationship with you,
or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute
those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise
another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that
adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render
impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship
with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you
provided it.
Submitting a Verified Consumer Request
You have the right to submit verified consumer requests to know information or for deletion. The request to know can
be for any or all of the following:
Specific pieces of personal information that we have collected about you;
Categories of personal information we have collected about you;
Categories of sources from which the personal information was collected;
Categories of personal information that we sold or disclosed for a business purpose about you;
Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
The business or commercial purpose for collecting or selling personal information.
The response to a request for any of the categories above will cover the preceding 12 months. Please note that we are
not required to provide personal information to you more than twice in a 12-month period. We cannot respond to your
request or provide you with personal information if we cannot verify your identity or authority to make the request.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity
or authority to make the request.
If you submit a request that is not through one of these designated methods or is deficient in some manner unrelated
to verification, we will either treat it as if it had been submitted in accordance with our designated methods or
provide you with information on how to submit the request or remedy any deficiencies.
Your request will be verified by matching the information you provide to information that we have collected.
Categories may include, but are not limited to, name, address, telephone number, last 4 digits of your social
security number, last 4 digits of the credit card you used to pay for your order, a prior order number, or similar
types of data we hold.
Once we receive your verifiable consumer request, we will confirm receipt of the request within 10 business days
describing our verification process. We will respond to your request within 45 calendar days, if we are able to
verify your identity. Requests for deletion will require a separate confirmation that you want your information
deleted.
If requests from you are manifestly unfounded or excessive in particular because of their repetitive character, we
may either charge a reasonable fee or refuse to act on the request, notifying you of our reason for refusing to act.
If we determine that the request warrants a fee, we will notify you of the reason for that determination and provide
you with a cost estimate before completing your request.
Please note that, in responding to your request, we are not permitted to disclose or provide you with your Social
Security number, driver’s license number or other government-issued identification number, financial account
number, any health insurance or medical identification number, an account password, security questions and
answers, or unique biometric data generated from measurements or technical analysis of human characteristics.
However, we will inform you with sufficient particularity that we have collected the type of information without
disclosing the actual data.
Requests to Know or Delete for Child Under the Age of 13: We accept requests for minors under the age of 13 if we can
determine that it was submitted by a parent or guardian. If submitting such a request, please provide sufficient
documentation to demonstrate that relationship.
Using an Authorized Agent to Submit a Request
Only you, or a natural person or a business entity registered with the Secretary of State to conduct business in
California that you have authorized to act on your behalf, may make a verifiable consumer request related to your
personal information. You may also make a verifiable consumer request on behalf of your minor child. If you use an
authorized agent, you may provide a power of attorney executed pursuant to California Probate Code sections 4000 to
4465. If a power of attorney that meets those provisions is not submitted, you will be required to provide the
authorized agent signed permission to submit a request, verify your identity directly with us, and directly confirm
with us that you provided the authorized agent permission to submit the request.
If you’re an authorized agent making a request you need to do the following:
(a) provide a copy of a power of attorney provided to you by the consumer pursuant to Probate Code sections 4000 to
4465; or
(b) provide proof of signed permission along with a copy of your ID and have the consumer confirm with us that they
provided you permission to submit the request by sending an e-mail.
Requests to Access or Delete Household Information
We will not comply with a request to know specific pieces of information or a request to delete household personal
information unless (i) the request is made by the account holder or (ii) all consumers of the household jointly
request access to specific pieces of information or deletion, we can individually verify all members of the
household and we can verify each is currently a member of the household. If a member of a household is a minor under
13, we must obtain verifiable consent before complying with a request for specific pieces of information for the
household or deletion of household personal information.
Your Right to Non-Discrimination for the Exercise of a Privacy Right
You have a right not to receive discriminatory treatment by the business for the exercise of the privacy rights
conferred by the CCPA. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other
benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of
goods or services.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California
residents to request certain information regarding our disclosure of personal information to third parties for their
direct marketing purposes. You can submit requests by calling
1 877 503 0262
or using our
webform.
Company does not respond to Web browser “do not track” signals or other mechanisms.
Other parties may collect personally identifiable information about your activities over time and across different
Web sites when a consumer uses our Site or service.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this
privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your
continued use of our Website following the posting of changes constitutes your acceptance of such changes.
Contact for More Information
If you have any questions or comments about this notice, the ways in which we collect and use your information, your
choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate
to contact us at:
OnlineDivorce.com
Attn: General Counsel
, 200
Continental Drive,
Suite 401, Newark,
DE 19713
Our refund policy:
At OnlineDivorce, we care about our customers and stand by the quality of our services -
so we’ll refund our fees, 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 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 others
that we cannot get back. For example, if you purchase the electronic filing of your documents, complete
the documents, and we pay to file with a court, the court will not refund those fees to us and we cannot
refund them to you. Similarly, if you purchase a package with prepaid shipping labels, we cannot obtain
a refund for those labels. Finally, fees paid directly to lawyers or for mediation services are not covered
by this guarantee.