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Frequently Asked Questions (FAQ)


U.S. State Separation Questions:

Our Service:

Types of Separations we do:

General Separation Questions:

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U.S. State Separation Questions:

What are the Court Costs in my State?
The Court Costs are NOT included with our Service. When you first take your papers to the Court, there will be a Court fee, which pays for the Judge and the Court Clerks. It is usually around $75-150 dollars. Also, if you have children, there is a usually a fee associated with a Children's Office. That fee is usually around $75. All states and counties are different. Call the Court in your County to check on the exact fees. Your County Courthouse's phone number should be available in the County Government section of the phone book.
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My Spouse and I now live in different States?
This doesn't matter in a separation for the most part. Just make sure you fulfill the Residency Requirement in the State that you currently live in. You can get separationd in the State where you live. However, if your spouse is out of the Country, you will either need that Spouse to sign the separation papers or you can do a Missing Spouse Separation if you cannot locate him/her.
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We were Married in one State and now Live in another State?
This doesn't matter in a separation for the most part at all. Just make sure you fulfill the Residency Requirement in the State that you currently live in. You can get separationd in the State where you live.
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Residency Requirements:

Residency plays an important part in all the separations. Residency requirements are State mandated and therefore out of our hands.

  1. You Do Qualify for Residency
    You would file in the county and state where your feet are on the ground at the moment, provided you qualify for residency in that State. "Your home is where you hang your hat."
  2. You Don't Qualify for Residency
    If you don't qualify for residency in the State where you are currently living, you most likely would file in the prior state where you lived (qualified for residency). But, you must travel there a couple times. At least once to file the forms at the court initially and at the end to attend your final hearing. Traveling like this is not the preferred method, for obvious reasons.
  3. You Wait Until You Qualify for Residency
    If you don't qualify for residency in the State where you are currently living and you don't want to travel to your old State, then you can wait until you obtain residency in the current State. Many of our customers are in this situation. You can still use our service now and then file your separation forms on the day you qualify for residency. Remember, we have unlimited adjustments to the forms. So, if you move or change situations, while you are waiting for residency, we can still do the adjustments for you. No problem.


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Our Service:


What is the price?

Visit the State Prices Pages for the answer.

How long until I get my separation forms, after I submit the Questionnaire?
The separation forms and paperwork take 2-3 business days or sooner to process, excluding weekends and holidays. Then they will be emailed to you. We can also mail them to you for a one time printing and mailing fee of $25. Faxing is not available, because they have to be original documents. (Note: These are our goals and standards for processing times - not promises. Your particular processing time may be slightly longer or shorter, of course.)
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Is "Service" to the Defendant covered in the price?
"Service" to your Spouse is not covered in the price of our service. However we give you instructions on how it can be done for FREE in an Agreed Separation. Also, a process server, like a County Sheriff, could do the service for a small fee, usually around 30-40 dollars. Call your local Sheriff's Office for "Servicing" information.
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How does it work?
After the ordering process, fill in the Portable Separation Questionnaire and submit it back to us by email, fax, or regular mail. We complete your state specific separation paperwork in 2-3 business days and email it to you for your review. Once you have what you want, then sign and print your paperwork and take it down to your local county courthouse. You attend your final hearing and read the "Sample Courtroom Statement" that comes FREE with our service. The judge rubber-stamps your separation paperwork and you are separationd.
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/ See our Separation Service Overview


What are the free gifts?

Gift 1 Sample Courtroom Statement ($49 Value):

Wouldn't it be nice to know what to say when you are in the Courtroom with the Judge? Of course it would. That is why we give you a "Sample Courtroom Statement" to read from, when it is your turn to speak. It is jam packed with the specific information that the Judge wants to hear to complete your separation case. Our competitors don't even come close to offering this level of service. Only the Separation Do It Yourself Service offers a Sample Courtroom Statement.


Gift 2 Marital Settlement Agreement ($179 Value):

The MSA is a court document that describes exactly how the property will be divided as well as it deals with how to handle any children involved in the separation. With our Separation Service the Marital Settlement Agreement is NOT an add on, like with many other services. We give it to our customers FREE OF CHARGE. It is our free gift to you.


Gift 3 Name Change ($139 Value):

In many separations the wife would like to have a name change to that of her former maiden name. This can be accomplished through using our Separation Service FOR FREE.

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Types of Separations we do:

Can you help me get an Annulment?
Yes we can. Annulments are more narrowly defined than a separation, so you must qualify. see: get an annulment.
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Separation with Children:
Child support, custody, and visitation issues are part of many separations that we do. You don't need a lawyer to do your separation if you have children. That is just a popular misconception. As long as the separation is uncontested, meaning you and your spouse can find common ground and agree to the arrangements/terms of the matter, we can help. Or, if you have a Default Separation, where one of the spouses defaults on his/her side of the case, we can help you. We are very familiar with the issues governing child support, custody, and visitation for separations with children.
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Separation with Property:

"Property" includes the house, cars, furniture, pets, and many other things. Don't hesitate if some of the big ticket items still have outstanding debt on them. We can help you divide up any assets and debt between you and your spouse. You just tell us how you want things split up and we will prepare the forms accordingly. The judge will typically honor all your requests without a problem (as long as you both agree).
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Default Separation:
A default separation is any separation that results in the defending party defaulting on their end of the case due to inactivity or lack of involvement in the case. In simple terms: Your Spouse doesn't do anything and you automatically win by default. Agreed separation implies that the spouse agrees to the separation and participates in it. We do uncontested cases of both types. Also, see "Missing Spouse" for information on how to do a separation if your spouse is missing.
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Missing Spouse Separation:

Don't let the fact that you don't know where your spouse is stop you from getting a separation. There are ways, such as "service by publication", to serve your spouse even without knowing their whereabouts.

If your spouse has abandoned you and you can't find him/her, or you simply lost contact with your spouse over time, the "Missing Spouse Separation" is your solution to the problem. Normally, in a separation, you would know where your spouse is located so that you can serve them with the separation papers. However, if you don't know where your spouse is, you have to show the separation court that you have made a diligent effort to find them. The way the court will accept your special situation, is if you run a newspaper ad informing your spouse that there is a separation proceeding against them. This is called Service By Publication. To be more specific, this is the order of how things happen:

  • First you gather all the separation forms and get them completed.
  • Then you file the separation forms at the court like you would with a normal separation.
  • Once you've filed the separation, you run the ad in the newspaper.
    • Feel free to shop around. Which local newspapers to run your ad in is your choice.
    • Sometimes the court clerk can recommend which paper to use (they do it all the time).

And to complete that aspect of the separation, you will also be signing an affidavit (statement) stating that you looked for your spouse to the best of your ability.

If after a mandatory waiting period your spouse does not respond to the outstanding legal matter (separation) and you can show to the court that you have made diligent efforts to find your spouse, then the separation can proceed in a regular Default Separation manner. Your spouse automatically defaulted on his/her end. If any or all of this isn't making any sense to you... don't worry. Most of our clients learn as they go. However, remember we do NOT give legal advice on what anyone should do in their particular circumstances.
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Military Separation:

Military Separation means that you or your spouse are a member of the military and on active duty. Unlike much of our competition, we actually do separations for military members or spouses of military personnel. But, we can only do them under the following circumstances:

  • The separation is uncontested and both parties will sign the separation documents. No problems with the Soldier and Sailor Relief Act.
  • One spouse has to be in the US and willing to do the footwork (file the separation and appear in court for the hearing) if the other is stationed outside the US. That allows the spouse who is in the military (overseas) to not have to appear in court at all.
  • The spouse who is in the military must have a way to sign the forms (typically by mail).

If the Military Spouse is filing, keep in mind that in regards to Residency Requirements:

You can file where your boots are on the ground at the moment or, if you don't qualify for residency in that State, you can file where the Military says your "home state " is. Most of the time, our customers like to file where they are currently living, rather than the State the Military says is their "home state" or where they have a drivers liscence.

Bottom Line: Most of the time, if the spouse in the military is in agreement to the terms of the separation, you can use our service to get your separation done.
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What is the Soldiers/Sailors Relief Act?

Divorcing a person who is in the military or filing separation while in the military has its own special provisions. The following information applies to Army Separation, Navy Separation, Air Force Separation, and Marines Separation. None of it is "said or implied legal advice". If you need legal advice, see an authorized legal professional such as a lawyer.

The recently amended soldiers and sailors relief act allows the military defendant (person being filed against who is in the military) in a separation to put a temporary "stay" on the proceedings. This means that if you file for separation and serve your military spouse, the spouse can choose to respond and and hold up the case from proceeding for a "reasonable amount of time", therefore prolonging the whole process. The wait is typically 30 to 60 days. And although not indefinite, the "stay", under special circumstances, can be even longer.

And just to further clarify all angles, the soldiers and sailors relief act does not automatically put a hold on any proceedings concerning military personnel. The military person in question simply has the option to do so. Therefore, if they choose not to respond at all (which happens), they can still default on their end and you can get your separation granted based on the Default.

In conclusion, the soldiers and sailors relief act puts military personnel at an advantage by giving them certain privileges and protection. That is the main reason we only do agreed military separations as opposed to uncertain ones (even if there is a good chance the military person might default on their end of the case).
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General Separation Questions:


My Spouse is in Prison or Jail?
Yes, we can still do your separation. But, in this situation, it is better if your spouse is in agreement with the separation and signs the separation papers. We can still do your separation if it is a Default Separation, but it is more difficult. Just make sure it is not a Contested Separation.
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Not a US Citizen?
Yes, we can still do your separation if you or your spouse are not a US Citizen. But, you must fulfill the Residency Requirement for the US State you live in.
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Can I get Separationd in Canada?
Yes, we can do your separation if you are Canadian and living in Canada. Call us first 1-800-743-9236
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Can I do a Bankruptcy in a Separation?
Yes, but you should try to do them separately if you can.
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Frequently Asked Questions

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We live in different States?
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My Spouse is in Prison or Jail?
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