TYPES OF CASES NETDIVORCE DOES NOT HANDLE
Please note that most of the issues listed below as being cases that NetDivorce either legally or contractually cannot and will not handle will be either known or knowable before the case begins, i.e. before NetDivorce is hired. However, some, such as, by way of non-exhaustive example only, disputes about specific issues in the case, requests for supervised visitation, child abduction concerns or spousal or child abuse, may not exist at all at the beginning of the case but may occur after the case has been started and NetDivorce hired.
Should such an issue arise during your case and after NetDivorce has been hired, NetDivorce cannot and will not proceed. This non-negotiable requirement is for the protection of both you AND NetDivorce. NetDivorce will not subject itself to allegations of handling contested issues, and you don't want an online form preparation service handling issues that clearly require legal advice from a lawyer.
Please note that NetDivorce's contract with you will be terminated automatically by the occurrence of any such issue at the time of that occurrence, whether or not NetDivorce is advised of its occurrence. Any use by you of the NetDivorce service after you are, or should be, aware of the occurrence of any such listed issue, is null and void. NetDivorce will issue you a pro-rated refund of unused NetDivorce fees from the time it becomes aware of the occurrence of any such listed issue.
Cases NetDivorce does NOT handle:
- legal separation or annulment - NetDivorce handles only divorce (officially called "dissolution");
- divorce cases in which the parties are or will be disputing the outcome of any issue, including the divorce itself - NetDivorce handles only cooperative divorces in which the parties are, and will remain, in agreement on all issues, including the divorce itself;
- dissolution/termination of domestic partnerships or same-sex marriages (NetDivorce is looking at this area of law now and mostly waiting for it to settle down, but does not handle it at this time)
- divorce cases already filed by either party - NetDivorce handles cases from beginning to end only - or divorce cases where some issue (such as child custody) is already the subject of an existing case, whether divorce or not, filed anywhere;
- divorces cases in which NetDivorce works for the Respondent - NetDivorce works only for the Petitioner, the party who commences and pursues the case, from beginning to end;
- restraining orders (except the standard automatic restraining orders that are issued in every California divorce case);
- divorce cases involving temporary or emergency child custody, visitation or support orders made pending the finalization of the divorce - again, this is because NetDivorce handles only cooperative divorce in which the parties are able to handle these temporary issues, pending the finalization of the divorce, themselves;
- divorce cases with very large marital estates - in other words, you and your spouse are very wealthy and have one heck of a lot of valuable assets and need attorneys to safeguard that value; there is no dollar limit on cases NetDivorce handles and NetDivorce never checks or evaluates your property at any time; NetDivorce asks you to use common sense in this regard - if you are very wealthy, there are always issues - you need a lawyer;
- divorce cases involving a disabled or special needs child of the marriage who will need continuing, perhaps lifetime, care and support;
- divorce cases involving continuing child support for an adult child beyond the age of 19, whether any such child is incapacitated or not
- divorce cases involving a Respondent with a serious mental condition; this is not just where you think your spouse is crazy, but where s/he is likely clinically insane; A legally insane person cannot be served with the divorce process because s/he is legally incompetent; If you reasonably suspect actual mental insanity on the part of your spouse, you need to determine first whether it exists; If so, there is a process to appoint a conservator, who will be served instead of your spouse; This process definitely requires a lawyer;
- divorce cases involving the division of a continuing family-owned business as part of the divorce, except a small business run by one of you when both of you absolutely agree that all of the assets and income from that business will be awarded to that one spouse alone (such that the business is NOT being divided);
- divorce cases requiring specialist tax or trust advice
- divorce cases involving a Respondent (the other party) who is in the active military service of the United States and will not sign divorce papers and cooperate fully during the divorce case;
- divorce cases involving allegations of domestic or child abuse causing you to want to keep your physical residential address (or that of minor children of the marriage) confidential and unknown to your spouse or where domestic violence restraining or protective orders are already applied for or are already in existence;
- divorce cases involving concern about the abduction of any minor child of the marriage or a request for supervised visitation - where one party wants the other to have contact with any minor child of the marriage only while supervised by another adult;
- "incurable insanity" cases - California divorce can be based upon one of two possible legal grounds - incurable insanity and irreconcilable differences; incurable insanity means what it says, and irreconcilable differences means everything else; even if you are sure that your spouse fits the description, there is no normal advantage to proving incurable insanity, though you might be able to severely restrict visitation rights; medical evidence is required; proof is difficult; why bother when with irreconclable differences, you need to prove NOTHING
- divorce cases where any minor child of the marriage lives with someone else in another country; children living with you or your spouse in another country are fine - no problem; there is only a problem if a child lives with someone other than you and your spouse in another country;