Jamie Kurtz has been a practicing divorce lawyer since 2008. She received her Juris Doctorate from Southwestern Law School in Los Angeles in 2007. Ms. Kurtz was selected to Rising Stars for 2013 - 2016, 2019 - 2020, a peer designation awarded only to a select number of accomplished attorneys in each state. She also co-founded a law firm that specializes in uncontested divorce cases.
In today’s world, family law emphasizes the equality of men’s and women’s rights in a divorce. Either party’s gender does not determine the outcome of a divorce case. Who gets what in a divorce is determined on a case-by-case basis, and either party may receive custody of a child, regardless of the parent’s sex or gender.
All parties to a divorce are awarded equal dignity in the eyes of the law. None of the U.S. states' statutory codes highlight the terms "man" and "woman" regarding basic rules and regulations of divorce.
Although gender equality has been recognized by family law, most women still feel uncertain about their rights as wives in a divorce case.
This article will consider some factors that still create a gender gap in the divorce process for women and provide some information about a wife’s rights in a divorce case, including what a woman should ask for in a divorce settlement.
The spouse who files the initial divorce documents to begin the case does not affect either party’s rights in the divorce. It does not matter if the husband files or if the wife files - the court treats each spouse equally in the divorce process.
The primary areas of concern include spousal support, the family home and other property, and child custody.
There is an outdated perception that when child custody is an issue in a divorce, the court always favors the mother. However, the law does not actually favor either parent when it comes to custody determinations. Instead, the courts usually base custody decisions on what would be in the child’s best interests.
Some factors that the court may examine when making a custody determination include:
These factors may vary slightly from state to state but are primarily identical.
Historically, mothers have been more likely to be the primary caregivers during the marriage, so the court would consider that when making custody orders. However, now, courts generally presume that joint custody is in the child’s best interest and will order that both parents have joint custody of the child.
The court will allocate parental rights and responsibilities on a case-by-case basis and try to give both parents equal rights in the divorce.
If you are wondering what to ask for in a divorce settlement with children, it is a good idea to research the different factors that your state court looks to in determining child custody. Also, keep in mind that the court will want to ensure that the agreement you reach is in the children’s best interests.
Property may be distributed in two different ways during a divorce, depending on whether your state uses the "equitable distribution" or "community property" model.
In equitable distribution states, either the husband or wife is entitled to the marital property acquired during the marriage, depending on who earned it and considering many other factors of a particular divorce case.
Thus, the court may consider spousal misconduct and each spouse's health condition, earning capacity, education level, and career prospects. The wife can often claim the marital home if she is the primary residential parent.
Other factors that a court may consider to protect the legal and financial rights of the wife include the wage gap between the spouses and the non-monetary contribution of a homemaker to the welfare of the family.
All states except for Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin follow the principles of equitable distribution.
The community property states follow the rules that all marital assets acquired during the marriage are community property, regardless of the title. Usually, this model implies a 50/50 division of marital property. However, if the spouses decide that they’d like to divide the property differently, they can do so.
It is worth noting that only the property acquired by the spouses during the marriage is subject to division in most cases. So, it is important to classify the property as either separate property or community property before you start to divvy it up.
Separate property typically includes anything acquired by either party before the marriage, after the date of separation, or by inheritance or gift. On the other hand, marital property is anything that is acquired during the marriage.
Gender does not affect how property is divided, so there is no set rule about what a husband or wife will receive in the divorce settlement.
Many spouses misunderstand the rules of alimony or spousal support and have unrealistic expectations of how much they should receive from the divorce.
The rules regarding alimony vary significantly from state to state, so it is hard to predict whether a wife is entitled to alimony or how much money she could get in the divorce. In general, alimony is a tool to support the spouse who needs financial assistance due to the divorce, regardless of the spouse’s gender. Alimony is not meant to favor or punish either spouse.
The amount of alimony ordered depends on each spouse’s finances and usually takes into account how the spouses lived during the marriage. Each state has different factors it uses when determining an amount for alimony, and some states use specific formulas to come up with a support number.
Typically, a woman can be entitled to alimony if she needs assistance maintaining the lifestyle she had during the marriage. A court may award alimony to the wife in the divorce settlement if she lacks sufficient property and cannot support herself after the divorce.
Many states also recognize rehabilitative alimony when getting divorced. It may protect the rights of women who had to take a career break to look after children. Usually, rehabilitative alimony implies periodic payments for a fixed period, purposed to help the spouse with low earning capacity or lack of sufficient professional skills to get an education or training needed to find decent employment and achieve financial stability.
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Notice. OnlineDivorce.com 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
[email protected]
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.
When accessing the Site, any Applications, or using OnlineDivorce.com'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. OnlineDivorce.com reserves the right to terminate or delete such material from its servers. OnlineDivorce.com 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.
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.
Metrics displayed on this Site may include timeframes, quantities, and other numbers combined from across our family of sites.
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.
The site is made available for your personal use on your own behalf.
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.
Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
OnlineDivorce.com aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the OnlineDivorce.com website, or otherwise have difficulties using the OnlineDivorce.com website, please call 1 877 503 0262 and our customer care team will assist you.
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.
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, OnlineDivorce.com, LLC ALL RIGHTS RESERVED.
OnlineDivorce.com, LLC, OnlineDivorce.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of OnlineDivorce.com, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
BY USING ONLINEDIVORCE.COM'S SERVICES OR ACCESSING THE ONLINEDIVORCE.COM SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER OR EMAIL ADDRESS TO ONLINEDIVORCE.COM VIA THE ONLINEDIVORCE.COM SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO ONLINEDIVORCE.COM, AND THAT ONLINEDIVORCE.COM 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).
You acknowledge that OnlineDivorce.com reserves the right to refuse service to anyone and to cancel user access at any time.
BY USING ONLINEDIVORCE.COM'S SERVICES OR ACCESSING THE ONLINEDIVORCE.COM SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. OnlineDivorce.com is located at 200 Continental Drive, Suite 401, Newark, DE 19713.
1. I understand and agree that OnlineDivorce.com, LLC (“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
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. Filing Service.
If you choose to purchase our filing services with a divorce package (sometimes called our Platinum Service or Premium Service), the following provisions apply to you:
8. MEDIATION TERMS.
If you are offered and/or choose to purchase mediation services, the following provisions apply to you:
9. Attorney Access Terms.
10. ATTORNEY ADVERTISEMENTS. Attorneys advertised on this site are independent attorneys. See the attorney in your area who's responsible for these advertisements. OnlineDivorce.com is not an "attorney referral service" or a law firm.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. DISPUTE RESOLUTION BY BINDING ARBITRATION OR SMALL CLAIMS.
Please read this carefully. It affects your rights.
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:
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, or, where the amount at issue is within the venue’s small claims court’s jurisdiction, either party may demand small claims court in lieu of arbitration upon receipt of a Notice of Dispute. 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 or demand that the matter proceed in small claims court in lieu of arbitration, should the Demand be within the venue’s small claims jurisdiction. During an 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) Should neither party demand small claims court, 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 Company will not reimburse you for arbitration fees should you commence arbitration after it submits a demand for small claims court in lieu of arbitration. 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 that proceed in arbitration, 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:
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 an 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) An 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.
17. Installment Plans.
(a) Affirm. When making a purchase, you may be offered the option to purchase through Affirm, Inc. (“Affirm”), a third party. Purchases made through Affirm are subject to the Affirm Terms of Service and Privacy Policy.
(b) Company Installment Offering. In the alternative, certain customers are offered a Company-sponsored installment payment plan. 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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 canceled for any reason.
18. 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.
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.
20. 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.
21. 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.
22. 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.
23. Right to refuse.
I acknowledge that Company reserves the right to refuse service to anyone.
24. I acknowledge that OnlineDivorce.com is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq. Company is located at 200 Continental Drive, Suite 401, Newark, DE 19713.
25. I acknowledge that I have had the opportunity to view sample templates of OnlineDivorce.com documents and may call Company Customer Care at 1 877 503 0262 with questions or for assistance locating sample templates.
26. By proceeding with my purchase, I agree to these Terms of Service.
Effective Date: 01/01/2021
Last Revised on: 03/08/2023
Last Reviewed on: 03/08/2023
OnlineDivorce, and its affiliates and subsidiaries, (collectively, “Online Divorce”, “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 Privacy Policy is incorporated into Our Terms of Use, and Our Terms of Use and Terms of Service also apply to information you provide to Us through the website or by using Our services.
If you are a California resident, please review Our Notice at Collection and Privacy Policy for California Residents and see the applicable state-specific section below. If you are a Colorado, Connecticut, Nevada, Utah or Virginia resident, please see the applicable section below for state privacy rights that may apply to you.
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).
“Personal information” is information that identifies, relates to, or could reasonably be linked with you or your household. The definition of Personal Information does not include publicly available information from federal, state, or local government records, such as professional licenses and real estate or property records.
“Sensitive Personal Information” (“SPI”) is a subset of Personal Information that includes certain government identifiers (such as social security numbers); an account log-in, financial account, debit card, or credit card number with any required security code, password, or credentials allowing access to an account; precise geolocation; contents of mail, email and text messages; genetic data; biometric information processed to identity a consumer; information concerning a consumer’s health, sex life, or sexual orientation; or information about racial or ethnic origin, religious or philosophical beliefs, or union membership.
As a general rule, We limit the Personal Information We collect to that which is necessary for Us to provide Our services. We collect several types of Personal Information from and about you, including:
Social Security numbers are classified as “Confidential” information and SPI 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.
We use information that We collect about you or that you provide to Us:
We may disclose information that We collect about you or that you provide Us directly as described in this privacy policy:
We may also disclose your personal information:
We may disclose aggregated information about Our users and deidentified data or information that does not identify an individual. We may use this non-Personal Information for any purpose, including without limitation, for research and marketing purposes, and may also share such aggregated, deidentified or anonymized data with third parties, including advertisers, promotional partners, and others.
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. No data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed 100% secure. 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. You provide Us with your information at your own risk.
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.
Our Site is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Site. We do not knowingly collect personal information from children under 16. If you are under 16, 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 16 without verification of parental consent, We will delete that information. If you believe We might have any information from or about a child under 16, please contact Us in one of the ways provided in the Contact Information section below to request the deletion of that information.
This Site is not intended for visitors outside of the United States and Canada. We do not direct Our activities at users outside of the United States and Canada. If you are visiting the Site from a location outside the U.S. or Canada, your connection will be through and to servers located in the U.S. All information you receive from the Site will be created on servers located in the U.S., and all information you provide will be maintained on webservers and systems located within the U.S. The data protection laws of the U.S. or Canada may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States, according to the laws of the United States. By using the Site or providing Us with any information, you consent to the transfer to, and processing, use, sharing and storage of, your information in the U.S.
We will respect Web browser “do not track” signals. 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.
Certain web browsers or extensions may offer you the ability to turn on a global privacy control (“GPC”) signal that will allow you to opt out of the sale of your data if it is activated. Other web browsers may not offer the GPC signal. We recognize and honor global privacy control signals on browsers that support it, but your choice to opt out may not be recognized if you subsequently use another browser or device that does not support GPC signals. Please note that We currently do not associate your browser or device IP address with your email address or other account information, so if you choose to opt out from the sale of your IP address by using a GPC signal, it may not affect your advertising or marketing choices for your email address or account information. You may select your communication preferences within your account and adjust your cookie settings through Our Do Not Sell My Personal Information pop up.
To sign up for information or services with Us, you must have cookies enabled on your internet browser. If you choose not to enable cookies, you will still be able to browse Our Site, but it will restrict some of the functionality of Our Site and what you can do.
We may use Tracking Technologies, including cookies, to provide you with a personalized experience. Cookies can be used to do several things, for example, enabling certain functions of the Site, enhancing security, improving functionality, remembering your preferences, or counting the number of people looking at Our Site (analytics). We also may use them to keep track of what you’ve done on the Site, and how to get you back to where you were during your last visit.
First party cookies originate from the same domain as the website you’re currently visiting. Third-party cookies originate from a domain that’s different from the website being visited. For example, when you visit Our website, We may link to another company’s website, or another company like Google Analytics, Bing Analytics, and/or Facebook, may place cookies on your device to provide Us with analytics on Our website visitors, to let Us know if you view Our content, or provide advertising to you. We don’t control how these third parties use their cookies, so We suggest you check their website to see how they’re using them and how you can manage them. How Google/Doubleclick uses Cookies is here; Bing/Microsoft’s privacy policy is here; and Facebook’s privacy policy is here
Information on controlling and deleting cookies, including on a wide variety of browsers, is also available at allaboutcookies.org. Some of the more popular browsers (and links to maintain your cookies on each) are:
Microsoft Edge
Firefox
Safari
Google Chrome
It is not currently possible for you to synchronize your cookie settings between your browsers and devices (e.g., your computer and your smartphone), so you must manage your cookies on each browser and on each device you use.
If you wish to change your marketing preferences, you may click the link on any email you receive from Us, or use the information in Our Contacting Us section below to opt out of the sharing of your information for marketing purposes. Your choice will not affect Our ability to share information in the other ways described in this Privacy Policy. Certain states, as set forth below, may provide you with additional options regarding your Personal Information.
California – If you are a California resident, you have the right under the California Consumer Privacy Act, upon a verified request, to:
To exercise these California rights, you or your authorized agent may make a request to know, access, correct, delete, opt out of the sale or sharing of your personal information, limit the use of your SPI, or reject automated decision-making and profiling by sending Us a request using the information in the Contacting Us section below, calling Us toll-free at 1 877 503 0262 or by using this webform.
We have also provided Our California Notice at Collection for Consumers here, which contains additional information about the Personal Information we collect.
While We do not sell or share your information for monetary purposes, the definition of “sale” in California includes the sharing of Personal Information for targeted advertising and analytics, so you may contact Us to opt out of the “sale” of information for this purpose. You may contact Us to limit the use or sharing of your SPI, specifically, your geolocation information, if you have enabled it. We never share your Social Security Number for any purpose other than the purpose for which you have provided it to Us.
If you use an authorized agent to submit your request, We may require proof of the written authorization you have given. We also may require you to confirm your identity and your residency in order to obtain the information, and you are only entitled to make this request free of charge once per year. For additional requests within a 12-month period, We may charge you an additional amount. For emails, please include “California Privacy Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a California resident. We will process your request within 45 days or let you know if We need additional time or cannot process your request. If you make this request by telephone, We may also ask you to provide the request in writing so that We may verify your identity. If We are unable to honor your request, We will notify you of the reason within the request time period.
If you are a California job applicant, employee/former employee, or independent contractor for the Company, we provide an additional California Notice at Collection for Employees and Job Applicants.
Colorado [Effective July 1, 2023] – If you are a Colorado resident, you have the right under the Colorado Privacy Act, upon a verified request, to:
To exercise these Colorado rights, you or your authorized agent may make a request to confirm, access, correct, delete, obtain a copy, or opt-out of the processing of your personal data for targeting advertising, sale, or profiling by using the information in the Contacting Us section below.
If you use an authorized agent to submit your request, We may require proof of the written authorization you have given. We also may require you to confirm your identity and your residency in order to obtain the information, and you are only entitled to make this request free of charge once per year. For additional requests within a 12-month period, We may charge you an additional amount. For emails, please include “Colorado Privacy Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a Colorado resident. We will process your request within 45 days or let you know if We need additional time or cannot process your request. If you make this request by telephone, We may also ask you to provide the request in writing so that We may verify your identity. If We are unable to honor your request, We will notify you of the reason within the request time period. If We decline to take action on your request, you can appeal Our decision within a reasonable time period after We’ve notified you of Our decision by submitting an email to the address in Our Contacting Us section below entitled “Colorado Privacy Rights Appeal.” We will review your request and respond within 45 days of the receipt of your appeal, along with a written explanation of the reasons for Our decision.
Connecticut [Effective July 1, 2023] – If you are a Connecticut resident, you have the right under the Connecticut Data Privacy Act, upon a verified request, to:
To exercise these Connecticut rights, you or your authorized agent may make a request to confirm, access, correct, delete, obtain a copy, or opt-out of the processing of your personal data for targeting advertising, sale, or profiling by submitting a written request to Us using the information in the “Contacting Us” section below.
If you use an authorized agent to submit your request, We may require proof of the written authorization you have given. We also may require you to confirm your identity and your residency in order to obtain the information, and you are only entitled to make this request up to twice annually. For emails, please include “Connecticut Privacy Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a Connecticut resident. We will process your request without undue delay, but within 45 days of your request, or let you know if We need additional time or cannot process your request. If you make this request by telephone, We may also ask you to provide the request in writing so that We may verify your identity. If We are unable to honor your request for any reason, We will notify you of the reason.
If We have refused to act on your Connecticut request, you can appeal Our decision by submitting an email to the address in Our Contacting Us section below entitled “Connecticut Privacy Rights Appeal” and We will review your request and respond within 60 days of the receipt of your appeal with a written explanation of the reasons for Our action or inaction. If your appeal is denied, you may submit a complaint to the Connecticut Attorney General.
Nevada – If you are a Nevada resident, you have the right to request certain information from Us regarding the collection and sale of your personal information (as defined in Nevada Revised Statutes 603A.320) during your visit to Our websites or when you otherwise interact with Us online. If you have sought or acquired, by purchase or lease, any goods or services for personal, family, or household purposes from Us, you may ask Us to disclose whether We have sold for monetary consideration certain information about you (specifically, your first and last name, physical address, email address, telephone number, social security number, an identifier that allows you to be contacted either physically or online, or other contact information that allows us to identify you personally). We do not “sell” Personal Information as that term is defined under Nevada law.
As a Nevada resident, you may also request to opt out of us sharing such information about you. To make this inquiry, please submit a request in writing to Us using the information in the “Contacting Us” section below with “Nevada Privacy Rights” in the subject line. You must include your full name, email address, and attest that you are a Nevada resident by providing a Nevada postal address in your request. Please state whether you are requesting information and/or opting out.
We will process your Nevada request within 60 days, or We will let you know if We need additional time. We may require additional information to verify your identity before We can respond.
Utah [Effective December 31, 2023] – If you are a Utah resident, you have the right under the Utah Consumer Privacy Act, upon a verified request, to:
To exercise these Utah rights, you or your authorized agent may make a request to confirm, access, correct, delete, obtain a copy, or opt-out of the processing of your personal data for targeting advertising, sale, or profiling by submitting a written request to Us using the information in the “Contacting Us” section below. We do not “sell” Personal Information as that term is defined under Utah law.
If you use an authorized agent to submit your request, We may require proof of the written authorization you have given. We also may require you to confirm your identity and your residency in order to obtain the information, and you are only entitled to make this request up to twice annually. For emails, please include “Utah Privacy Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a Utah resident. We will process your request within 45 days of your request, or let you know if We need additional time or cannot process your request. If you make this request by telephone, We may also ask you to provide the request in writing so that We may verify your identity. If We are unable to honor your request for any reason, We will notify you of the reason.
Virginia – If you are a Virginia resident, you have the right under the Virginia Consumer Data Protection Act, upon a verified request, to:
To exercise these Virginia rights, you or your authorized agent may make a request to confirm, access, correct, delete, obtain a copy, or opt-out of the processing of your personal data for targeting advertising, sale, or profiling by submitting a written request to Us using the information in the “Contacting Us” section below. Please note: We do not “sell” Personal Information as that term is defined under Virginia law.
If you use an authorized agent to submit your request, We may require proof of the written authorization you have given. We also may require you to confirm your identity and your residency in order to obtain the information, and you are only entitled to make this request up to twice annually. For emails, please include “Virginia Privacy Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a Virginia resident. We will process your request within 45 days or let you know if We need additional time or cannot process your request. If you make this request by telephone, We may also ask you to provide the request in writing so that We may verify your identity. If We are unable to honor your request for any reason, We will notify you of the reason within the request time period.
If We decline to take action on your Virginia request, you can appeal Our decision by submitting an email to the address in Our Contacting Us section below entitled “Virginia Privacy Rights Appeal” and We will review your request and respond within 60 days of the receipt of your appeal with a written explanation of the reasons for Our decision. If your appeal is denied, you may contact the Virginia Attorney General. to submit a complaint.
Canadian laws provide specific privacy rights to our Canadian customers. If you are a resident of Canada, this section applies in addition to all other applicable rights and information contained in this Policy.
Where applicable, We follow applicable Canadian federal and provincial privacy laws ('Canadian Privacy Law'), including:
Consent. In most cases, we rely on implied consent to collect, use, or disclose your personal information. In some circumstances, including those involving sensitive personal information, we obtain express consent. Where you have provided your consent to the collection, use, and transfer of your personal information (whether orally, in writing, or electronically), you may have the legal right to withdraw your consent under certain circumstances. In addition to the methods described above with respect to your privacy choices, you may withdraw your consent by submitting a request using the information in the “Contacting Us” section below. Please note that if you withdraw your consent, We may not be able to provide you with a particular product or service. We will explain the impact to you at the time of your request to help you with your decision.
Use of Your Personal Information. We will not collect, use, or disclose personal information except for the identified purposes identified above (See Disclosure of Your Information), unless we have received additional consent or the processing is authorized without consent. Where we engage service providers who utilize the Personal Information we provide to them, those relationships are governed by a written agreement regarding the confidentiality of your information.
Canadian Access and Challenge Rights Canadian Privacy Law provides the right to receive information about the existence, use, and disclosure of your personal information and be provided access to that information. You may also challenge the accuracy and completeness of your personal information and have it amended as appropriate. Depending on the nature of the challenged information, amendment may involve correction, deletion, or addition of information.
Exercising Your Canadian Privacy Rights. If you have an account with Us, you may view and update your account information (as noted above) directly by logging into your account. To submit a request for access to information not contained within your account, or to challenge the accuracy or completeness of your personal information, you may also submit a written request using the information in the “Contacting Us” section below. When submitting a request, We also may require you to confirm your identity and your residency in order to obtain the information. For emails, please include “Canadian Privacy Rights” as the subject line. You must include your full name, email address, and attest to the fact that you are a Canadian resident, and provide your province of residence. We will begin processing your request once you have completed the verification process and will respond within the timeframe required by law.
If We cannot substantively respond to your request in a timely manner, We will notify you and state the reason for the delay. Under certain circumstances, We may not be able to fulfill your request, such as when doing so would interfere with Our regulatory or legal obligations, where We cannot verify your identity, or if your request involves disproportionate cost or effort. However, We will respond to your request within a reasonable time, as required by law, and provide an explanation.
Additional information about how to exercise your rights under Canadian Privacy Law can be found here:
Office of the Privacy Commissioner of Canada
Website
Toll-free: 1-800-282-1376
Office of the Information and Privacy Commissioner of Alberta
Website
Toll-free: 1-888-878-4044
Edmonton office: (780) 422-6860
Calgary office: (403) 297-2728
Office of the Information and Privacy Commissioner of British Columbia
Website
Vancouver: (604) 660-2421
Elsewhere in BC: (800) 663-7867
Commission d'acces a' l' information du Quebec
Website
Toll-free: 1-888-528-7741
It is Our policy to post any changes We make to Our privacy policy on this page. Those changes will be effective the next time you use Our services, so please check this policy periodically.
If there are any questions regarding this privacy policy you may contact Us via telephone 1 877 503 0262 or at [email protected] or via mail at Attn: General Counsel at 200 Continental Drive, Suite 401, Newark, DE 19713.
Effective Date: 01/01/2021
Last Revised on: 03/08/2023
Last Reviewed on: 03/08/2023
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:
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. |
| [ x ] | 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 |
| [ x ] | 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. |
| [ x ] | L. Sensitive Personal Information: For example, social security number, driver’s license number, account login, debit or credit card number in combination with password or PIN, precise geolocation (less than 1850 sf radius), racial/ethnic origins, religious or philosophical beliefs, union membership, contents of emails or texts to others, genetic/biometric data, health information, sex life/sexual orientation data. |
Please note that Personal Information does not include:
We use the personal information we collect for one or more of the following business purposes:
We do not use any sensitive personal information you directly provide to us such as social security numbers or government identification for cross-context behavioral advertising, but if you have enabled location services, your geolocation information may be used for this purpose. You may limit the use of your geolocation information for this purpose by making a request as outlined below, or by turning off location services on your device. We never collect sensitive personal information for the purpose of inferring characteristics about you.
We will not collect additional categories of personal information without providing you a new Notice at Collection disclosing those categories.
This Notice at Collection is for California residents only and supplements and is incorporated into our main Privacy Policy.
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.
In the context of customer care call recordings:
The categories identified as collected in the table above were collected from the following categories of sources:
You have the right to request that we correct any of your personal information collected by us that is inaccurate, 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 decline to process your correction request if we are unable to verify your identity, if the request is manifestly unfounded or excessive, or if the information is publicly available information, certain medical information, consumer credit reporting information, or other types of information exempt from the CCPA.
While we do not sell or share your personal information for monetary purposes, the definition of “sale” in California includes the sharing of personal information for targeted advertising and analytics. Because we use companies like Google Analytics and Facebook ads, our non-monetary uses of your personal information may be considered a “sale” under the CCPA. You may contact us to opt out of the sharing of your information for this purpose. We do not knowingly sell the personal information of minors under 16 years of age. You also may contact us to limit the use of your sensitive personal information, specifically, your geolocation information, if you have enabled it. We never share your Social Security Number for any purpose other than the purpose for which you provided it to us.
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:
You have the right to submit verified consumer requests to know information, correct information, or for deletion. You may also request to opt out of the sale or sharing of your personal information, or to limit the use of your sensitive personal information.
The request to know can be for any or all of the following:
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.
You can submit requests by calling 1 877 503 0262 or using our webform.
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 16: We accept requests for minors under the age of 16 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.
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.
We will not comply with a request to know specific pieces of information, correct personal 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 16, we must obtain verifiable consent before complying with a request for specific pieces of information for the household or deletion of household personal information.
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:
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 honors Web browser “do not track” signals.
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.
You may modify your cookie preferences here.
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.
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:
Postal Address:
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.
