California is a community property state. This means that any income earned by either spouse during the marriage, and all property bought with those earnings, are considered marital property that is owned equally by each spouse or partner. At divorce, the property is divided equally between the spouses or partners.
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.
it's over easy is a self-directed platform dedicated to helping users through the uncontested divorce process, without providing any legal advice. Unfortunately, our platform is not compatible to file annulments at this time.
The law of the state in which you choose to file for divorce will be the law that applies to your divorce. For example, if you meet the residency requirement to file your divorce in California, California law will apply. If your divorce is filed in another state, the other state's law will apply.
Our platform is currently only compatible to help those who are just beginning their divorce. If you have already filed your case or if your divorce has previously been granted but you are interested in amending the terms of your divorce, we recommend that you contact an attorney.
California is a no-fault divorce state, which means that citing the wrongdoing of your spouse when you file for divorce isn’t required or even permitted. Instead, most California divorces are granted on the grounds that the marriage bond has been broken, meaning you and your spouse have irreconcilable differences.
There are several grounds for divorce in New York. At this time, our platform is only compatible to process divorces arising out of "irretrievable breakdown of the relationship".
To be eligible to file for a divorce in California, either one or both parties must have been physically present in the State of California for at least 6 months AND in the county in which you are filing for at least 3 months.
To be eligible to file for a divorce in New York, you must meet at least one of the following requirements:
Our current process is only effective if you are in contact with your spouse, and if you both agree to use it’s over easy in order to settle the terms of your divorce. Knowing your spouse’s whereabouts is also necessary to serve him or her with the initial paperwork after it’s been filed with the court. If you are unable to contact your spouse, it’s over easy may not be a good fit.
If you meet the residency requirements for California, you can still use platform to file your divorce if your spouse resides outside the United States AND if your spouse is willing and able to accept service via mail.
However, if you are filing for divorce in New York, we can only serve your spouse within the United States as New York law requires your spouse to be personally served.
Yes! You can always start with our Basic Plan and later choose to upgrade to either our Pro or Premium Plan and only pay the difference. To upgrade, log in to your account and click the "Upgrade to File" button in the Basic Info or Kids section of your Dashboard.
Yes, if you or your spouse meet your state's residency requirement, you can file a divorce in that state, regardless of where you got married.
No. The filing of a response merely indicates that you acknowledge the divorce proceedings. The Response filed by you will reflect only the information that you provide via the platform, not what your spouse indicated on the Petition.
However, keep in mind, it's over easy is designed to help couples file an uncontested divorce and works best when both couples can negotiate and agree to the terms of the divorce. If you and your spouse have several significant differences in factual information or difficulty agreeing to the terms of the divorce, we recommend you contact an attorney.
The Date of Separation refers to the date on which there was an "irretrievable break" in the marital relationship. This date is used to establish the duration of the marriage and must precede the filing of the initial divorce petition.
A Legal Separation and an Uncontested Divorce are very similar in terms of their legal procedures. However, there are two main differences:
If you choose to file for a Legal Separation and later wish to get divorced, you will need to open a new case with the court and file for divorce.
No! In order to be officially divorced, you and your spouse will need to complete the entire process on the it’s over easy platform, provide all of the requested information, including the terms of your divorce, and complete and file the necessary divorce forms.
After the process has been completed, and all of the required court forms have been filed with the court, the judge must approve and execute the judgment in order for your divorce to be official.
The Pro Plan only covers the your state filing fees which are paid directly to the court. In California, the Respondent (your spouse) will also have to pay an additional $435.00 in state filing fees directly to the court when the Response is filed.
You spouse will be prompted to upgrade for a fee of $635.00 to cover his/her state filing fees of $435.00 which will be paid directly to the court, plus a $200 processing fee to cover the cost of the filing the Response.
In New York, there is no filing fee for the Defendant and therefore will not have any additional charges on top of the cost of the Pro Plan.