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How does the court take payment for their fees? Cash? Credit card? Something else?

Typically, if the papers are filed with the courts in person, you pay by check. However, this may vary county by county. Some counties in California allow e-filing of all divorce documents, and those fees are paid by credit card. When you enter your address, we’ll let you know how your county wants you to file.

Which one of us would be the petitioner and which one the respondent (and does it matter?)

You can decide which of you would like to be the petitioner and which one the respondent. There is no advantage or disadvantage to being the petitioner or the respondent. The petitioner is the person who files the initial petition for divorce. Both of you will work together to decide how property will be allocated and what the custody schedule (if applicable) will look like, no matter who is the petitioner or the respondent.

Would we be considered separate clients or treated as a couple?

You will be considered both separate clients and a couple. Both of you need accounts, because one of you needs to be the Petitioner and one the Respondent. You will negotiate and decide all property allocation, custody, etc in the platform.

Do we both need to register or would it just be me who does that?

You both need to register. However, the accounts need to be linked, so one person registers and invites the other to create their own login credentials and join. You cannot create accounts separately and merge them. If you register first, you will be the Petitioner, meaning you will file the divorce petition with the state of California. You will then click on the “invite my spouse” button, and your spouse will be the “Respondent.”

Do I have an advantage for filing for divorce before my spouse?

No. The Petitioner has no legal advantage over the Respondent just by virtue of being the first to file. The Respondent has no inherent disadvantage for being served a divorce petition. California is a “no-fault” divorce state, meaning that neither spouse needs to prove that the other spouse did anything wrong.

Do we split the costs of court fees?

The Petitioner (the person who initiates the legal proceeding) and The Respondent (the person who the petition is filed against) are each responsible for paying court fees. The Petitioner pays filing fees when the petition is filed with the court. The Respondent pays filing fees when he/she files the response.

How do I know if my spouse has accepted the invitation?

We will alert you when your spouse accepts your invitation to join It’s Over Easy. Additionally, in your dashboard, you will see a message that will either tell you that are still waiting for your spouse to accept your invitation, or that your spouse has joined.

Is there someone I can talk to if I have questions about a certain section?

For nearly every question in each section, we have included detailed information and insight geared towards clarifying confusing topics. Should you need further clarification, you can opt to consult one of the many experts we have standing by for a small fee. If you run into technical problems, you can chat with technical support at any time.

Do my spouse and I each have to pay separate fees to use It’s Over Easy? Can we split the cost?

Our package prices are the same whether you use It’s Over Easy together or if you choose to have your own account. If you would like to split that price with your spouse, you will have that option at checkout.

What happens if my spouse and I agree on almost everything except one issue?

If you and your spouse get stuck on a particular issue, you can consult any one of our experts to help you through it. We have a panel of professionals for you to choose from: mediators, accountants, family law experts, child custody experts and family counselors. To consult with these professionals, you will pay a small fee that is a fraction of the cost of outside professionals.

What do I do if I decide to hire an attorney after signing up for the program?

You can export all of the information you’ve put into our platform and print it for your attorney to review. We will save your progress, and you can return to It’s Over Easy at any time to continue your online divorce. Alternatively, you can consult one of the attorneys we have standing by, for a fraction of the cost of an outside professional. It’s Over Easy does not offer refunds after you’ve purchased a package and begun your online divorce.

Can I amend or change a form?

Yes. As you answer our questions in each section, we automatically fill-in the necessary family law forms for you. If you need to amend or change a form, simply amend or change the questions in the corresponding section.

What do I do if I have a few questions for a lawyer?

It’s Over Easy has a range of professionals you may consult with for a small fee, including lawyers. Our Pro package includes 30 minutes of consultation time with a family law expert. Our Premium package includes 90 minutes of consultation time with a Family Law expert.

Do you file my documents for me?

With our Pro and Premium packages, we will file all of your necessary forms with the court. Our filing service is not available in the Trial package.

How long is the process?

Many factors determine how long it takes for a divorce to be finalized. Our process is self-paced, meaning, you and your spouse are ultimately in control of the time it takes to complete each stage of the process. Generally speaking, in the state of California, an uncontested divorce will take around 6 months to be finalized, from the time the petition has been filed with the court, and a case number has been assigned.

Do I need my spouse to join in order to participate?

No. You can use It’s Over Easy by yourself, or you can invite your spouse to join you. It’s completely up to you.

How much does it cost to join?

The cost to join It’s Over Easy is free. Our Trial Package costs you nothing and allows you to begin inputting necessary information to get your online divorce process started. Additional features and benefits can be made available to you with package upgrades. Please visit our Pricing page for details.

Community Property and Debt in a Divorce or Legal Separation

Community property are things that belong to you and/or your spouse that can be bought or sold. You’re probably already thinking about things like house, car, boat, furniture, clothes, electronics, etc. But property is also anything that has value, like cash and banking accounts, security deposits on rentals, cash value in life insurance, a business, and a patent. Assets such as retirement plans, pensions, stocks, and the like, are also property that may be subject to division.

Unlike property, which are assets you own, debt is (usually) money you owe: mortgage loan, car loan, credit card debt, etc.

In California, the property and debt that a couple acquire during a marriage or domestic partnership is considered “community property” or “community debt.” California is a community property state, meaning that you and your spouse, in marriage or domestic partnership, are considered a “community.” Therefore the property and debts acquired during your marriage or domestic partnership belong to both of you.