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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 users or treated as a couple?

You will be considered both separate users 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 contact a member of our support team, or check out the index to find a professional to suit your individual needs. 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, and require extra assistance from a professional, you can check out the index, which includes helpful resources in your area including mediators, accountants, family law experts, child custody experts and family counselors.

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 the questions in each section, the platform will generate the necessary family law forms for you. If you need to amend or change the information on any of the forms, you can simply change the information in the platform, or contact a member of the support team for extra assistance.

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

it’s over easy is not a law firm and cannot give legal advice. If you need to speak or consult with a lawyer, you can check out the index for a range of professionals for you to choose from in your area.

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?

Yes. it’s over easy is most effective when both spouses join the platform and work through the uncontested divorce process together.

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

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.

Can it's over easy file my annulment?

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.

If my spouse and I live in different states, which state's laws apply?

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. 

In California, there is a 6-month "cooling off" period. Can this process be expedited?

California law requires a 6 month "cooling off" period that begins on the date the Respondent (the spouse of the party filing the petition) is served. This is mandatory and cannot be expedited. While you can submit all of your paperwork with the court as soon as you’d like, the court will not finalize your divorce until the 6-month period has passed.

I already filed my divorce. Can it's over easy amend the terms of an existing divorce?

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. 

On what grounds can I file for divorce in California?

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.

On what grounds can I file for divorce in New York?

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".

What are the residency requirements to file a divorce in California?

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.

What are the residency requirements to file a divorce in New York?

To be eligible to file for a divorce in New York, you must meet at least one of the following requirements:

  • One or both parties must have been physically present in the State of New York for a continuous period of 2 years or longer
  • One or both parties must have been physically present in the State of New York for a continuous period of 1 year or longer AND must lived together as a married couple in New York State or had your marriage ceremony in New York State

I am unaware of my spouse's whereabouts or I am unable to contact my spouse. Can I still use the platform?

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.

Can I use it's over easy if my spouse does not live in the United States?

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.

Can I start with one plan and later upgrade to another plan if I change my mind?

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.

Can I file for a divorce if my spouse and I were married in another country?

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.

Am I agreeing to everything my spouse has listed on the Petition if I file a Response?

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.

If we still live together, what is the date of legal separation?

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.

What is the difference between a Legal Separation and an Uncontested Divorce?

A Legal Separation and an Uncontested Divorce are very similar in terms of their legal procedures. However, there are two main differences:

  • With Legal Separation, you and your spouse are still lawfully married and therefore cannot marry another individual. On the other hand, with an uncontested divorce, your marriage will be legally dissolved in the eyes of the court.
  • With a Legal Separation, you and your spouse will still remain eligible to receive health insurance, social security and other financial benefits from each other's plans. However, once you are divorced, you will no longer be eligible to receive those benefits.

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.

If I stop using it's over easy, can I get a refund?

Once documents in your divorce case have been generated or if your case has been filed, we do not offer any refunds. 

Once I begin the process with it's over easy, will I automatically be divorced in 6 months?

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.

My spouse and I already split up our assets and/or we don't have any shared assets. Do we have to disclose our financial information?

The court requires that you and your spouse disclose all of your financial information, including your separate and shared assets, debts, income and expenses, even if you have already divided everything up. 

The financial information that you input into the platform will be used to generate your financial disclosure forms that you will later exchange with each other. Although time consuming, this step is important as it is required by the court and your divorce will be finalized until it is complete. 

If you have no shared property, you may leave this portion blank and disclose only your separate property (all bank accounts, assets and debts in your name). 

Can I use it's over easy if my spouse and I live in different states?

Yes! it's over easy is a perfect solution for couples that live in different states as everything is done online, through our platform. You may filed for divorce in California and New York if either you or your spouse meet the residency requirement. 

I have a protective order for my children against my spouse. Can I still use it's over easy?

By using it's over easy, you and your spouse will need to work together to reach an agreement. In order to ensure the safety and well-being of you and your children, if you have a protective order, we recommend that you contact an attorney in your area. If, at any time, you feel that your safety or the safety of your children are at risk, please call 911 or contact the proper authority. 

Can I use it's over easy if my spouse is incarcerated?

it's over easy can be an effective tool for couples who agree to file an uncontested divorce, and who wish to cooperate, together, throughout the entire process. If your spouse is incarcerated and cannot work with you to reach an agreement, then it's over easy may not be the best fit for you. 

If I purchase the Pro plan, will my spouse have to pay anything?

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.