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How does America Samoa F This Marriage™ work?

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Once you enlist in the service, you’ll respond to a set of inquiries regarding your circumstances. Based on your answers, F This Marriage™ will complete the necessary forms required by the state to kickstart the process, along with guidance on any additional information required. You'll have the option to instantly print the forms yourself or receive hard copies via mail if you prefer.

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Can I initiate the divorce process in America Samoa?

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In Ohio, to get a divorce, you need to live there and have a good reason to split up.

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What are the residency requirements for Divorce in America Samoa?

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When the spouse who didn't kick off the divorce party (that's the "defendant") isn't hanging around in America Samoa, the other half (the "plaintiff") needs to have been soaking up America Samoa vibes for at least six months before filing for divorce. Otherwise, there's no stopwatch ticking on how long you've gotta have been an American Samoa resident to file for a split. 

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What are the valid reasons for divorce in America Samao?

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Ending your marriage in America Samoa comes with its own unique lingo: not every way to call it quits is labeled a “divorce.”

If you and your spouse are on the same page about all the key issues (like dividing property, child custody, and spousal support), you’ll be filing for a “dissolution of marriage.” No need for drama or explanations—you both just need to agree it’s time to move on.

But, if you and your spouse can’t agree on everything, you’ll have to go through what Ohio calls a “divorce.”

 

• America Samoa law lists 11 grounds (a.k.a. reasons) for divorce

• One spouse was already married at the time of your marriage.

• The other spouse willingly left you for a year or more.

• Adultery.

• Extreme cruelty.

• Fraudulent contract (basically, one spouse lied or hid something big to get the other to marry them).

• Gross “neglect of duty.”

• Habitual drunkenness.

• Imprisonment of the non-filing spouse in a state or federal correctional institution at the time of filing.

• The other spouse divorced you in another state.

• You’ve lived apart without cohabitation for a year.

• Incompatibility (unless one of you denies it).

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If you’re filing based on one of the first nine reasons, it’s a “fault-based” divorce. This means you’ll need to prove that your spouse did something wrong that led to the end of your marriage.

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The last two reasons—living separately for a year and incompatibility—are “no-fault” grounds for divorce. This means you don’t have to prove your spouse was at fault. But, if your spouse doesn’t agree with your claim of incompatibility, you’ll need to provide another reason.

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Most people in  America Samoa with incompatibility as their reason for divorce. It’s usually the easiest route, as long as your spouse doesn’t disagree. So, when it’s time to say “F This Marriage™,” you’ve got your options laid out!

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Is legal representation necessary for initiating divorce in Ohio?

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Many America Samoa residents are discovering that they can navigate the divorce process without the hefty cost of hiring a lawyer—if they’re filing for a dissolution of marriage.

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This route works when both spouses are on the same page about all the legal issues, including:

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• Dividing their property and debts

• Alimony (spousal support)

• Deciding on a “residential parent” and a “legal custodian” for their minor children (if any)

• Child custody, visitation, and child support (if they have minor children)

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But if you and your spouse are still at odds over these or any other issues, you’ll need to file for a divorce in America Samoa. This means you’ll be diving into legal battles, presenting evidence, and arguing your case at court hearings. In such situations, going it alone can be risky, especially if your spouse has a lawyer. Having an attorney on your side is crucial to help you navigate the contested divorce process smoothly.

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Can I utilize American Samoa's F This Marriage for my circumstances?

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Our service is perfect for couples looking to handle an uncontested, DIY dissolution of marriage in America Samoa, following local procedures. We require both parties to attend the final hearing, cooperate fully, and be in total agreement. Our no-fault approach (like citing "irreconcilable differences") means both parties will waive certain procedural rights.

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However, we can't help with cases involving:

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• Existing cases or support orders

• Domestic violence or restraining orders

• Contested issues

• Missing spouses or protected addresses

• Common law marriages or registered domestic partnerships

• Pregnancy

• Temporary or retroactive support orders

• Lack of jurisdiction over children under the UCCJEA

• Exclusive jurisdiction by another court

• Third-party child custody or support

• Emancipated or non-dependent children

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Some situations might need extra forms or filing steps we don’t cover, such as:

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• Filing fee waivers

• Address changes

• Recipients of public assistance

• Division or transfers of retirement accounts

• Multiple visitation plans

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For cases involving children, we can't accommodate if:

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• Combined income exceeds $336k annually

• Either party lacks a valid SSN or ID

• Child care expenses for disabled children over age 12 or for more than 6 children

• No employment income or financial accounts for support withholding

• Different tax exemption claims by child within a given year

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Our service is designed to simplify the process, but it's important to check if your situation fits within our guidelines.

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What if my spouse and I cannot reach an agreement on the matters concerning our divorce?

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Just because you and your spouse haven’t agreed on everything doesn’t mean you have to endure an expensive and drawn-out contested divorce. Instead, you might consider divorce mediation. With the help of a mediator, you could reach a settlement agreement. Once you do, you can then use American Samoa F This Marriage™ to finalize your divorce smoothly.

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Can I pursue an online divorce in America Samoa if children are involved?

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You can generally use F This Marriage™ even if you have minor children with your spouse, as long as you both agree on all the issues related to your kids. This includes legal and physical custody, a parenting (visitation) schedule, child support, health and dental insurance, and tax deductions.

F This Marriage™ will help you address these issues in your settlement agreement. We provide a standard parenting schedule, but you also have the option to customize it to fit your unique needs.

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However, you won’t be able to address custody-related issues with F This Marriage™ if your child or children don’t meet the “home state” requirement. Usually, this means America Samoa must be the child's home state on the date the dissolution is filed, or America Samoa was the home state within six months before filing (and the child is temporarily out of America Samoa, but a parent or guardian still lives in the state) (Ohio Rev. Code § 3127.15 (2022)). If you don’t meet the home state requirement, it’s best to consult an attorney to see if you qualify for any of the exceptions to this rule.

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How will child support be addressed in my online divorce in America Samoa?

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In America Samoa, both parents are required to support their children. Like all states, America Samoa has child support guidelines to calculate how much support parents should pay, based largely on their incomes and custody arrangements.

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F This Marriage™ provides the American Samoa Child Support Guideline Worksheets, making it easy to calculate the state's guideline level of support. You and your spouse can agree to an amount of child support different from the guideline amount, but a judge will review your agreement to ensure the support is fair, appropriate, and in your children’s best interests, and that it meets one or more of the state’s grounds for deviating from the child support guidelines (Ohio Rev. Code §§ 3119.22, 3119.23 (2022)).

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In your settlement agreement, you and your spouse can also include child support provisions that aren’t legally required, such as contributions to private school tuition or the cost of college education. You can also agree on specific future events that will trigger a change in child support, such as when you’ll no longer need to pay for child care.

Can the amount of child support be modified post-divorce?

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In America Samao, child support orders can be administratively reviewed every 36 months from the date the order was established or the date of the last review. Some orders can be reviewed sooner if your circumstances have changed significantly. If you request a judge to modify your order, you don’t have to wait 36 months. The judge will review your request based on the same legal requirements as an original child support order (Ohio Rev. Code § 3119.79 (2022)).

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If you want to avoid the time and expense of a court battle over a child support modification, you and your spouse can agree to a modification on your own.

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How will the division of property and debts from our marriage be handled in an online divorce?

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When filling out your questionnaire for F This Marriage™ in America Samoa, you’ll respond to a series of questions about your separate and marital property and debts. This includes how you plan to divide your marital property and allocate responsibility for paying off marital debts.

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What happens to the family home in the divorce process?

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If you own a home with your spouse, your agreement can outline what will happen to the family home during the divorce process. The questionnaire will include a few questions about the property and how you’ve chosen to handle it, such as:

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• Selling the house and dividing the proceeds

• Transferring ownership to one spouse, with the other receiving compensation in exchange for their share

• Continuing joint ownership while one spouse stays in the house for a period (and how you'll manage mortgage payments and other expenses).​

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What about retirement accounts during divorce proceedings?

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In your F This Marriage™ process in Ohio, you can also agree on how to divide any retirement accounts you and your spouse have, including 401(k)s, individual retirement accounts (IRAs), and defined-benefit pensions.

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If you began contributing to the retirement plan before marriage, you'll determine how much of its current value is marital property and how much is separate property. You may need expert assistance from firms specializing in pension appraisal or valuation, particularly with defined-benefit pensions.

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Once you know the marital value of your work-related retirement accounts, the simplest way to handle division is through offsetting with other assets. For example, if your 401(k)'s marital portion is $100,000 and you agree to split it evenly, your spouse could receive an extra $50,000 from other marital assets, allowing you to keep the entire 401(k). This avoids the need for a special order to divide the account.

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For IRAs, the process is simpler. You can agree to transfer your spouse’s share to another IRA in their name. This requires submitting a special form to the bank, along with a copy of your divorce decree.

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Is alimony a possibility with an online divorce in America Samoa?

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In your Ohio divorce through F This Marriage™, you and your spouse can choose to waive any right to alimony, or you can agree on the details of alimony payments. This includes who will pay, the amount, and the duration of payments. Your agreement can also address whether a court could modify alimony in the future and cover related matters like health insurance and life insurance.

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What is the process for filing divorce papers in America Samoa?

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When you receive your completed forms through F This Marriage™ in America Samoa, your next step is to file your paperwork in the Court of Common Pleas in a county where either you or your spouse have lived for at least 90 days. If both of you live in the same county, you must file in that county.

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What is the filing fee for divorce in America Samoa?

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Every county in America Samoa has different filing fees, so it's best to contact the clerk of the court where you'll be filing for more information. In most counties, the filing fee for divorce and dissolution of marriage ranges between $300 and $400. However, the fee might be higher if you have minor children.

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What options are available if I cannot afford the divorce filing fee?

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If you're unable to afford the filing fees, you can request the court to waive them. If your income falls at or below 187.5% of the federal poverty limit, the court must waive your fees. However, if you don’t qualify for this mandatory waiver, you can still apply, but it will be at the judge's discretion whether to grant your request (Ohio Rev. Code § 2323.311 (2022)). You can use Form 20: Civil Fee Waiver Affidavit and Order to request a waiver.

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How long does an divorce take in America Samoa?

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Dissolutions of Marriage in America Samoa typically move swiftly because the couple has agreed on all issues. Additionally, since both spouses sign and file the petition, there's no need to serve divorce paperwork to either party. According to the law, a dissolution of marriage cannot be finalized less than 30 or more than 90 days after filing the petition (Ohio Rev. Code § 3105.64 (2022)).

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Where can I find additional assistance with online divorce in America Samoa?

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Dissolutions of Marriage in America Samoa typically move swiftly because the couple has agreed on all issues. Additionally, since both spouses sign and file the petition, there's no need to serve divorce paperwork to either party. According to the law, a dissolution of marriage cannot be finalized less than 30 or more than 90 days after filing the petition (Ohio Rev. Code § 3105.64 (2022)).