Terms and Conditions

Congratulations on your Hello Divorce purchase! You have taken an important step in controlling your life and your divorce. This agreement outlines the terms and conditions of your purchase.

By clicking the “accept” button after reviewing this Agreement, you (i) accept this Agreement and agree to be bound by its terms and (ii) represent and warrant that you are 18 years of age or older and legally competent to agree to this Agreement. Failure to meet these conditions removes any and all warranties associated with the purchase. By your acceptance, a binding contract is formed between Hello Divorce and you in accordance with the terms and conditions of this Agreement.

You understand that Hello Divorce is not a law firm nor does it offer attorney services. As such, purchasing services does not create an attorney-client relationship between you and Hello Divorce.

NO government agency, including the county recorder, has evaluated or approved our knowledge or experience, or the quality of our assistance and/or the services we provide.

You should also know that you may obtain information regarding free or low-cost representation through a local bar association or legal aid foundation and that you may contact local law enforcement, a district attorney, or a legal aid foundation if you believe that you have been a victim of fraud, the unauthorized practice of law, or any other injury.

Hello Divorce's resources, webinars, and free downloads do not constitute legal advice, and while we do review them regularly, we cannot guarantee they reflect the most recent legal updates. By accessing or downloading these items, you agree to 1) indemnify Hello Divorce from all liability, and 2) not reproduce our information or downloads for free or profit. The free Step 1 offering is intended to provide users with a sample of the court forms required to initiate the divorce process. These forms will have a watermark and cannot be filed with the court. To have court-acceptable forms, the user must purchase a Hello Divorce plan.

Purchase of Hello Divorce plans and services is limited. Hello Divorce provides an online portal to give you an understanding of the law and to provide an automated software solution so you can prepare your own documents. Hello Divorce services also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. As Hello Divorce is not permitted to practice law, we do not review your answers for legal sufficiency or draw legal conclusions or advice about your legal rights, defenses, remedies, selection of forms, strategies or options. Our goal is to make the divorce as convenient and affordable without sacrificing the quality of the assistance our software and staff provides. That being said, you are not hiring a law firm and you will only receive legal advice or services if you purchase a la carte attorney , mediator or divorce financial expert services.

The law is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. Divorce is a personal matter and no legal tool can fit every circumstances. Hello Divorce makes every effort to be correct, but we cannot guarantee that it is always up-to-date. Therefore, if you need legal advice or if a specific problem is to complex to be addressed by our tools, please consult a lawyer.

Hello Divorce may provide access to lawyer services and through various methods including the ability to purchase legal advice with lawyers employed by or contracted with Erin A. Levine, PC, doing business as Levine Family Law Group. At no time is an attorney-client relationship created with Hello Divorce through the performance of such services. You continue to represent yourself in your legal matter.

Hello Divorce DIY Divorce plan and digital downloads are non-refundable. Court filing fees and credit card processing fees are non-refundable. With respect to Hello Divorce plans that include Services, (Pro, Plus, Mediation, and a la carte services) you have the right to rescind this contract within 24 hours of purchase. If you wish to cancel, please email support@hellodivorce.com within 24 hours of purchase, and we will immediately refund your payment. Assuming you have not canceled the contract by email, you waive any right to receive any portion of a refund unless Hello Divorce terminates services (see below).  If you are paying for a service in installments, the final filing will not be filed until all installments have been paid. Installment payments are non-refundable. If we refund your payment past the first 24 hours of purchase, partially or in full, refunds will be based on work performed:

Refunds for Pro:

• Start of Step 1: $1000
• Start of Step 2: $500
• Start of Step 3: no refund

Refunds for Plus or Mediation*:

*$1300 of the total paid is applied to 5 hours of mediation; refunds for mediation will be based on time used.

• Start of Step 1: $2000
• Start of Step 2: $500
• Start of Step 3: no refund

If at any point during your process we determine for any reason that we cannot continue to offer your plan, whether that determination be specific to you and your plan or a global determination about the materials being offered to multiple planholders, we may terminate your plan. In the event of termination, we will notify you in writing of our decision to terminate the package; we will also provide a refund of any fee paid for a period of time in which you did not receive access to package materials or a pro rata refund based upon the services you received. If we determine that the entirety of the package fee has been earned and that no refund is due, we shall notify you of this determination and the basis therefore in writing. Any determination of refund and payment thereof shall be made to you within 30 days of the effective date of termination.

IN NO EVENT WILL HELLO DIVORCE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR LOSS OF DATA OR LOSS PROFITS ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES. THE AGGREGATE LIABILITY OF HELLO DIVORCE WITH RESPECT TO THIS AGREEMENT IS LIMITED, TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW, TO THE FEES COLLECTED BY HELLO DIVORCE FROM YOU PURSUANT TO THIS AGREEMENT IN THE SIX MONTHS PRECEDING THE APPLICABLE CLAIM. THE LIMITATIONS APPLY REGARDLESS OF THE FAILURE OF ANY OTHER REMEDY.

YOU AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY HELLO DIVORCE AND ITS AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, AND EMPLOYEES (THE “INDEMNITEES”) FROM AND AGAINST ANY THIRD PARTY CLAIM, SUIT, DEMAND, AND ANY DAMAGES, LOSSES, OR COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATED TO (I) YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF THE SERVICES, OR (II) YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. HELLO DIVORCE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION THAT IS SUBJECT TO INDEMNIFICATION UNDER THIS AGREEMENT.

Most customer concerns can be resolved quickly and to your satisfaction by using Hello Divorce’s chatbot or contacting our customer service team at (510) 646-1400. Any dispute arising between you and us relating to any aspect of Services shall be resolved first by negotiation; if negotiation is not successful, we agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. You and we agree that if we do engage in arbitration or any other legal proceeding to resolve our conflict, whichever of us prevails in that proceeding will collect from the other the reasonable lawyer’s fees and costs incurred by the prevailing party in connection with such proceeding. Any legal proceeding of any kind concerning Services, whether in court or in arbitration, shall be brought in Alameda County, California. This Agreement is for the sole benefit of the parties to this Agreement and may not be assigned by you without the prior written consent of Hello Divorce. Your payment obligations will survive termination of this Agreement.

Hello Divorce may modify this Agreement at any time in its sole discretion. Such changes, modifications, additions or deletions shall be effective immediately upon notice to you, which may be given by email, posting on this website, or other electronic notice or conventional mail.

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

The failure of Hello Divorce to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The Agreement constitutes the entire agreement between you and Hello Divorce and governs your use of the Services, superseding any prior agreements between you and Hello Divorce (including, but not limited to, any prior versions of this Agreement). If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact Hello Divorce.

Hello Divorce services may be subject to additional posted guidelines, rules or terms of service (below) and your use of such service is conditioned on your acceptance of these additional terms. Please print or save the applicable terms and conditions for your records.

Additional terms for hourly Divorce Coach, Divorce Financial Analyst, mediator, attorney, and other expert services:

While payments for these services are non-refundable past 24 hours of purchase, the amount paid can be applied to a different type of expert service. If you have scheduled a Divorce Coach, Certified Divorce Financial Analyst, attorney, mediator, or other expert appointment, you must cancel it at least 24 hours before the appointment to avoid forfeiture of your payment. The time purchased is not limited to the length of the appointment and must cover any work performed for you by the service provider, including, but not limited to: communications (emails, phone calls, or video conferencing) and independent review, research, drafting, or calculations. If the service provider performs a task at your request that exceeds the time purchased, you agree to be invoiced and pay the balance due.

Additional terms for purchasers of Divorce Coach Services

A Divorce Coach is neither an attorney nor therapist and must respond to requests for communications, documents, or to provide testimony to the extent compelled to by applicable law.

Additional terms for purchasers of Hello Divorce Serviced Plans (Pro, Plus, or Mediation, Spouse Plans)

The cost of services breakdown as: $500 for the a la carte Pro steps (Petition/Response, Financial Disclosures, Judgment & Agreement); $1500 for the Pro plan; $2500 for the Plus plan; $3800 for the Mediation plan (when paid in the full payments, not installments). Your Hello Divorce plan includes assistance from an account coordinator. The Hello Divorce staff member assigned to assist you will be your primary point of contact. Your account coordinator will guide you through our online divorce process so that you can prepare your own forms, help you with the technology, help with revisions that you direct us to do, and make sure your divorce forms are current and designated by the court as necessary to obtain your divorce. They will also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. They will arrange for service (delivery) of your forms to your spouse by mail. If personal service is required, Hello Divorce may be able to help but it will result in an additional fee. In addition to the flat fee and are up to $450 per divorce filing (invoiced separately). The processing fee includes costs that the company incurs during the divorce process. The fee includes costs to fax to the court, efile with the court, priority mail, stamps, and other administrative fees.

On occasion, there are additional fees including notary fees, court runner fees (for expedited filings), expert and outside professional fees and private judge fees (if agreed upon). These fees are also invoiced separately. Account Coordinators will not prepare “elective” forms such as “Requests for Orders” or Discovery (formal request of information or documentation from your spouse). They will also not prepare any document related to litigation should your matter proceed to court, such as “Settlement Conference Statement” or “Response to Request for Orders.” During the course of your service, you may email your account coordinator for support. You will receive a response to your email within 1-3 business days (excluding weekends and holidays).

As part of your plan, Hello Divorce may need to contact, correspond or communicate with your spouse. You agree that Hello Divorce may do so and do not object to your spouse also purchasing a plan or service. By agreeing to these Terms and Conditions, you are acknowledging that you are able to cooperate with your spouse “in good faith” and there are not any interpersonal reasons and/or safety concerns that would prevent the two of you from working cooperatively.

Our goal is to provide both of you the exact services you need to feel confident about your divorce and get to a fair resolution. In certain circumstances, you and/or your spouse may be asked to sign a “waiver” so that you both can receive the financial and/or legal assistance you need. For example, if one of you purchases legal advice through Hello Divorce (with an independent attorney), both of you may need to sign a waiver before meeting with a Hello Divorce mediator. This ensures that you are aware that any advice one of you receives from a lawyer and/or any information you share with that lawyer will not be provided to your neutral mediator assigned to your case. This way your attorney-client relationship with a lawyer is preserved but the two of you can still benefit from working with a mediator to resolve any conflict that remains in your divorce.

You understand that Hello Divorce’s review of your answers and forms are limited to completeness, consistency of names and data, and the like. You are responsible for reading and approving the final forms before signing them and agree to be solely responsible for the contents therein. Pursuant to Terms & Conditions above, team members cannot and will not provide legal advice of any kind.

It is your responsibility to notify Hello Divorce when you have completed a step on the Divorce Navigator and are ready to proceed with filing and/or service of documents.

Occasionally, divorce judgments or other filings are “rejected” by the court clerks. Should this happen, our team will resubmit your forms to the court for further processing so long as your serviced plan (Pro, Plus, or Mediation) is active and the “rejection” does not necessitate the need for legal advice or legal services.

Additional terms for Mediation Plan purchasers:

Hello Divorce will provide mediation services as a neutral third party. We do not represent either of you or provide legal advice. While all of your required divorce paperwork will be prepared and filed (including the final agreement), lawyers are not preparing these forms. If you would like a consulting lawyer to review and revise your forms prior to submitting them to court, you are welcomed (and encouraged) to do so (although, this is not mandatory).

Our role:

Your mediator’s role is to act as a neural facilitator to help all participants communicate with each other, understand their options and reach an agreement. The mediator is impartial to the outcome. Your mediator will provide legal information but not legal advice. S/he will help you to identify areas of agreement and disagreement. From there, we will create options and skillfully help you obtain an agreement. We will not be responsible for determining the value of any property, the existence or amount of any debt, or the factors utilized in support negotiations. Our mediators do not represent either of you -- even if the mediator assigned to your case is a licensed attorney, as your mediator, they are not acting as a counselor or advocate. Should either or both of you violate any of the terms in this agreement, Hello Divorce may withdraw services as detailed below.

Your role:

• You agree to participate voluntarily.
• You acknowledge that you have the right to withdraw from mediation at any time for any reason whatsoever.
• You agree that during mediation, you will maintain the status quo regarding property, debts and payment of daily expenses. Neither party will take any unilateral action to threaten the other's personal or financial interests.
• You agree not to litigate and/or participate in any legal actions preceding litigation (e.g. discovery, preparation and service of a legal document, etc.) during mediation. This does not limit your ability to consult with an independent lawyer.
• You agree to disclose all facts, documents, etc. that are relevant to mediation. You will disclose all property that you have an interest or obligation in - and your income.
• If the mediator determines that an outside expert is necessary to help facilitate an agreement (e.g. co-parenting counselor) or value property (e.g. Certified Divorce Financial Advisor, actuary, financial advisors, accountants, appraisers, lawyer and/or mental health professionals etc.), you agree to retain a mutually agreeable expert in said field AND pay for any costs incurred by consulting expert services.
• You agree to be respectful to your spouse, the mediator and all Hello Divorce staff. You will not threaten, harass, overpower, abuse, intimidate or repeatedly interrupt during and outside the mediation process.
• You will participate only if confident that your spouse is being candid with information and basically trustworthy.
• You agree to be productive and not unreasonably waste the time of any participant. This includes promptly responding to all communications, scheduling as requested and providing feedback and/or responses to requests from the mediator.
• You agree to cc your spouse on all communications with your assigned account coordinator. This is to ensure both spouses are aware of the progress of the divorce and to avoid confusion or concern of bias.
• If any or all of the above requirements are violated, Hello Divorce reserves the right to terminate this agreement.

The standard legal “stuff:”

Oral agreements are tentative and non-binding. For the agreement to become binding, it must be in written form and signed by both of you. The agreement will become legally binding only once formalized by court order.

You are aware that divorce is a legal proceeding. You are entitled to be individually represented by a lawyer. If you can’t afford a lawyer but your spouse can, s/he may be ordered to pay for your attorney. That being said, you agree to ‘opt out’ of the traditional legal system and instead, choose an amicable path to dissolve your marriage. You recognize that if you were to go to court, your result could be very different. However, you recognize the benefits of alternative dispute resolution and participate willingly.

You are welcome to consult with an attorney, accountant and/or your own other expert during the mediation process. It is encouraged that should you do this, you will choose a professional who is familiar with the mediation process and supports your choice to participate in it. Failure to obtain advice from an outside professional (jointly or on your own) is not grounds to argue that the agreement you ultimately come to in mediation is invalid.

While the mediation fees and costs may be ‘fronted’ by one party, you agree to ultimately share the fee equally or otherwise - by mutual agreement.

Confidentiality:

The mediator or other Hello Divorce staff will not reveal to any non-participant third parties any of the information or documents provided by you or your spouse without the express verbal or written consent of both of you. However, you waive the right to confidentiality with the mediator and authorize the mediator to share all communications with the other participant. Each of you agree that the mediator may meet individually with the other participant, and understands that the mediator will disclose all information received.

Most states have laws that apply to mediation with respect to confidentiality. Whether or not your state has these laws, the following terms apply: Communications (including notes and documents) made in the course of mediation are inadmissible as evidence in later litigation. However, if participants reach a binding agreement through mediation, and there is a later dispute about interpretation of the agreement, or allegations of mistake, undue influence, or fraud, such communications may be admissible in evidence.

You understand that information disclosed in mediation may be useful to the other participant(s) in litigation, even if not admitted into evidence, and you are advised to review the legal, financial and practical effects of relevant sections of the Evidence Code with counsel of their own choosing. You also agree that the mediator and/or other employees and contractors of Hello Divorce will not be called as a witness by participants in any legal proceeding. If a participant attempts to call a mediator as a witness, the participant will pay for all resulting expenses and other costs incurred by the mediator, including the mediator's hourly fees and the mediator's attorney(s)’ fees, and any costs.

Additional terms for customers that purchase legal advice via Hello Divorce can be found here:  Limited Scope Representation Agreement Governing Legal Services Provided by Levine Family Law Group