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Welcome to ABCDivorces.com. If you are thinking about a divorce or legal separation, or if you and your spouse have made the decision to go ahead with a friendly divorce, we may be able to make the the entire procedure go smoothly and inexpensively.Please take time to explore our site.

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This site was created by a licensed attorney with more than twenty five years of family law experience who has assisted many thousands of people to obtain their uncontested divorce quickly and easily. Through the years a simple system to process a friendly divorce has been developed permitting many couples to handle their own divorce from start to finish without the assistance and cost of an attorney.

If the services of ABCDivorces.com is for you, we can help make your journey through a difficult part of your life simpler and less overwhelming. You will be in charge of your own case. Our service will help to minimize the anger and stress associated with the adversarial nature of the divorce proceeding. If you have children, reducing the anxiety accompanying a divorce may help you to terminate the marital relationship with a better relationship that is in the best interest of your child, helping co-parenting. Finally, if you are able to use our service, you will save a very significant sum of money.

 



 

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Read about our service. Learn why ABCDivorces.com should be the service to help you obtain your divorce or Legal Separation. Get answers to the most frequently asked questions about uncontested divorce and related matters.
 


What is ABCDivorces.com all about? Find out how ABCDivorces.com can simplify your divorce procedure and turn a potential nightmare into a comfortable dream. Find out why hiring ABCDivorces.com will benefit you in every aspect. 
 

 

Begin your divorce by first reading below to decide if you are a proper candidate for using the ABCDivorces.com. Then check our pricing schedule. Then take a look at your state requirements.

For reasons of quality control
we currently limit our services to
New York and New Jersey.

 


Do you need to locate Child Support Offices in
New York or New Jersey? How to calculate child support? Would you like to learn how to file for child support even before you begin your divorce? Do you need an Order of Protection? Need to find Emergency Hotline numbers, Court house address, Driving Directions to the Court, find out and how the schools in your neighborhood stack up to other neighborhood.  AND MUCH MORE!

    NEW YORK

Official Divorce Kit
Child Support Guidelines
Request Copy of Divorce Judgment
 
  
NEW JERSEY

Official Divorce Kit

Child Support Worksheet
      Considerations
      Use Of Guidelines
      Sole Parenting Worksheet
      Shared Parenting Worksheet
      Determining Child Support Amount
      Determining Child Support by Percentage
      Child Care Worksheet
      Tax
Withholding Worksheet


 

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To Qualify: You need to be completely familiar with your family finances. If you believe  that your spouse is hiding assets you should not to use our service and would be better off hiring a law firm to represent you.. If you are worried that your spouse does not, or will not treat your children well, or you are fighting over child support  or custody, or if you are a battered spouse, or have large marital debts, a pension plan to divide or you own real estate you need an attorney.  In these type of cases we recommend that you contact the Lawyer referral Service of the Bar Association.  We can assist you only in uncontested divorces and uncontested legal separations. You make the decisions in your case. We complete the proper forms and pleadings for submission to the Court. We do not give legal advice or counsel. We do not provide legal representation or act as your lawyer  under any circumstances.   Return to were your were reading

   

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eLawChannel.com. Inc.
295 Madison Avenue, New York, NY 10017
(212)661-3344
©2000,2001 eLawChannel.com, Inc.
Email: info@ABCDivorces.com

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Who we are

divorce

divorceis committed to making a divorce or legal separation a pleasant, non stressful and friendly experience.  Just the word “divorce” brings out complex emotions, confusion and fears.  These feelings accompanied by the lack of knowledge and experience in basic legal matters can drive any couple to fight when, in reality, there is nothing to fight about. Fighting in most cases is just a waste of emotions, time and money.   Understand that every contested divorce no matter how little there is in assets is always a difficult and expensive process.  Each party can spend thousands of dollars in legal fees and countless hours of mental anguish. Children can develop deep emotional scars that may affect them for a long time. But this scenario does not have be yours.   If you are able to work with your spouse and reach a fair agreement  agreement, we can handle the rest.


divorce

 

divorce

These days there are many do-it- yourself companies, trying to provide assistance for people getting divorced. We want to help you to understand what sets us apart from the rest, and why we are the service company you should choose. Consider these facts when you make your decision.

1. ABCDivorces.com is supervised by attorneys licensed in the State of New York and New Jersey.

Unlike like most every other do-it-yourself company we are fully familiar with the divorce laws of both New York and New Jersey.  Our staff members are all trained paralegals with many years of experience.  We are not just a bunch of people trying to make a few buck by "just filling out some forms" or selling you a divorce kit. On the contrary we are committed to provide you with the highest caliber of work at a very reasonable price. And as you will see we provide you with a Free Official Divorce Kit should you decide to do everything on your own.

2.  ABCDivorces.com only accepts those people that can benefit from our service.

You will note that throughout the site we take special care to make sure that only people with a truly uncontested divorce use our service.  Sometimes a person requires an attorney to handle their divorce.  This happens when there is real estate, pension plans or large funds  to  be divided, tax problems, child custody or child support disagreements, family violence, marital debts that cannot be resolved and any other similar disputes. But for those that do not have these problems  ABCDivorces.com is the best  alternative. We believe that we can provide  an excellent product. But you must make this choice carefully.  Make sure that your case is one that can be properly handled by a forms preparation service. Then choose ABCDivorces.com.

2. ABCDivorces.com form packages are specifically designed for your special case.

We are not selling "kits."  In fact we provide for free, the New York and the New Jersey Official Divorce Kit.  Take a look at them and you will agree that it can be quite complicated to get them completed properly without guidance.  And be very careful about those companies that have "generic" kits for all states.  They just do not work.  Each state has its own rules and regulations.  In fact in New York State, the way a divorce is processed in one county may be completely different form the other.  A "generic" kit will only waste your time and money. When we prepare the divorce forms for you, your completed package  will be specific to your State and County, and for you. This customization insures that your submission to the Court will be acceptable in form and substance.

When you purchase divorce forms and pleadings from ABCDivorces.com, you receive original documents ready for your signature and filing with the Court.  Complete instructions are provided.  Nothing is left to guesswork. 

3. ABCDivorces.com protects your privacy.

 
It's plain and simple.  Our entire operation is secure. We NEVER share or provide your personal information to anyone. We are not trying to create a mailing list.  We want to create happy customers  that will recommend our services to all their friends.  

4. ABCDivorces.com will refund your money if you change your mind for any reason before  the completed divorce package is shipped.

We will not provide a refunds after a package is shipped. But if you order our service and then  for any reason change your mind prior to shipment, your will receive a full refund. There will be no  questions asked. Very few sites give you this guarantee. 

5. ABCDivorces.com guarantees its work and will modify and correct your documents free of charge.

If ABCDivorces.com makes a mistake, your forms will be corrected immediately at no charge to you.  Even  if you desire certain minor changes  within the documents, we also make  modifications free of charge. If the revisions are major, then we reserve the right to charge an additional fee, however this will be done as required and we will fully discuss it.   ABCDivorces.com guarantees that every documents prepared by us will be acceptable to the Courts in your state.  Should the court require any modification to the documents purchased from ABCDivorces.com we will be made free of charge.

6. You can reach ABCDivorces.com during any work week.
 
The telephone numbers to ABCDivorces.com is listed on the site.  Our two offices (one in New York, the other in New Jersey) is fully staffed 5 days a week and have been in operation for many years. If you  would like to talk to us before signing up for our serve, please do so.  You will find a paralegal at the other end that speaks English, Spanish and Portuguese. We will help you to decide whether ABCDivorces.com is for you.  Also, although we do not give legal advice, we are here to help you understand the application, the filing process, time periods and how the ABCDivorces.com process works.   

About ABCDivorces.com | Our Service | The Divorce Process Additional support   | Contact Us |
Site Map |Read disclaimer Our privacy Statement | Our Guarantee

uncontested divorce

uncontested divorce
eLawChannel.com. Inc.
295 Madison Avenue, New York, NY 10017
(212)661-3344
©2000,2001 eLawChannel.com, Inc.
Email: info@ABCDivorces.com
uncontested divorce

uncontested divorce
uncontested divorce

 

uncontested divorce uncontested divorceuncontested divorce

uncontested divorce  

uncontested divorce  

 





What we do

Our service is an easy step-by-step guide to presenting your case in court.  In most cases your court appearance  that takes 10-15 minutes. In New York there is no court appearance. In New Jersey in most counties there is a quick and simple court appearance. All required forms are prepared as required by the court in your jurisdiction. You provide to us the facts and the divorce forms will be completed exactly as you direct.  Everything that at first seems complicated are presented to you in a simple complete and professional manner, The required forms, instructions, eligibility requirements, procedures and FAQ’s. Everything you need.   And most importantly, our offices are fully staffed in New York and New Jersey and we are available for personal live assistance 5 days a week.  Once we are hired, your papers are generally  prepared within one week of your return to us of the completed application form.

divorce


Benefitsof an uncontested divorce

You avoid a “Contested Divorce”.

Every on knows that when the parties getting divorce fight, there must be two lawyers involved.  Each party has one to represent his/her interest.   In contested cases this is an absolute necessity because without a competent lawyer you may find that mistakes are made during the divorce procedure that may cause you or your children permanent harm.  In some cases serious harm.  So a lawyer is necessary in contested cases.  But must the divorce be contested? Usually not. Many of thousands of uncontested divorces are granted each year.   Unless there is great a dispute over assets or support there is no reason why two people cannot reach an agreement and avoid and eliminate the emotional and financial problems that naturally arise when two people argue.

You are in charge of your own divorce.

No matter what anyone says, divorce can be cruel.  When the two parties argue it only serves to inflame the underlying problem that caused the breakup in the first place.  It gets even worse when there are children inv0olved.  No matter how hard you try to hide it, they know what’s happening, even at very tender ages. When a couple has the foresight to work together in a trusting relationship for their  mutual benefit and they are completely informed about the divorce laws and procedures, most divorce issues can be resolved between them. By keeping the decision process away form lawyers and courts the people are able to make logical decisions which will simplify the divorce process.   You have the best understanding of your life and situation.  Nothing can substitute for this knowledge. With careful consideration and friendly relationship between the couple fair and appropriate agreements to resolve your divorce issues can be reached.

Fair Separation Agreements can be reached if the two parties put aside their hostility

We have all heard about the “contested divorce how expensive and heart breaking it can be.  This is the nature of the adversarial method called litigation.  Each side hires a lawyer.  Each lawyers with the help of the client creates the “theory of the case,” This is the theory presented in court.  What is generally does is create a scenario that one party is more at fault then the other.  However, these days, unless you are fighting of children, fault is not much of an issue.  What is important in these contested divorces is the financial division of property.   Whether the parties have a lot of assets or a little asset, litigation becomes expensive because a lawyer, in order to not malpractice, must go through each expensive step in the process whether or not there are no assets.  Before the trial the courts usually have a conference where the two lawyers tell the judge their sides.  The judge always tries to settle the case.  If that is possible then the divorce takes place that day. If it is not possible a date is scheduled for trial.  A long and expensive process.  One in which no one truly wins.  This is why it is so important that the divorcing couple keep an open mind and put hostilities aside.  Only when this is done can an appropriate agreement be reached and the divorce can be processed as “uncontested”   

We recommend that every couple first use all possible means to work out mutual terms for the divorce, without going to court. If you find that you cannot work things out on your own, we recommend mediation, with or without attorney representation. It's nopt only that you will save money by working things out yourselves, bu by avoiding a lenghtly trial , an uncontested divorce usually results in reduced hostility and resentment between the couple and both are able to resume their lives easier and quicker.

Animosity and financial strain is reduced if litigation is avoided.

It is the natural result of a litigated divorce that the parties become angry, distrustful, unsure and confused.  It is not farfetched to believe that the tow people can find the middle road and enter into a friendly agreement.  You may actually leave the relationship as friends.  This goal is most important when there’re children involved.  Remember you may be divorcing your spouse, but not your children.  In most cases the parties still have to communicate with each other about the children for many years to come. Active co-parenting requires mutual respect between the parents. Continued litigation and animosity tends to make co-parenting very difficult. A fair thought out settlement always reduces and can even eliminate the bad air between the couple.

 

ABCDivorces.com provides a completed divorce service, not a do-it-yourself kit".

Our system has been used successfully for many years.  You enter the substantive information on a simple application form.  We take your information and transpose it directly to the actual divorce forms.  All the forms you receive are ready for your signature. Should the court require any additional document. We will prepare it at no charge to you.

ABCDivorces.com saves you money.

We charge $499.00. Minor revisions and revisions necessitated by our error or changes in the court's forms are made without charge. The court fees charge and service of process charges (if necessary) are the same as they would be if you were represented by an attorney.



Requirements



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Procedures



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Children

The concept of a "Friendly Divorce" provided by ABCdivorces.com requires that both father and mother agree on the custody of the child(ren) and the amount of child support. With this in mind we provide the following information as a quick in reaching a fair and just agreement regarding the children. There is more on chidren in the FAQ section.


This can be done by a friendly agreement or (if you disagree, you can let the court make the decisions for you).   Whenever there are  children, the courts carefully study the child custody agreements more closely than other agreements. However, most courts feel that parental decisions should be honored unless they are clearly contrary to the children's best interest.  The court believes that unless shown otherwise, the parents are  in the best position to understand their children's needs. Contested child custody issues are the most difficult for the court to decide. In these cases, the children are generally represented by a Guardian ad Litem who is appointed by the court. The guardian conducts an investigation and makes custody recommendations to the court. The court generally  hears evidence at trial pertaining to, among other factors, the parenting skills of each parent, the bond between the children and each parent, the bond among the children, and the ability of each parent to recognize the importance of the other parent to the children. If the children are of an appropriate age to be consulted- usually over 14-, their wishes are important and considered.  

In an uncontested situation such as the ABCdivorce.com method, it is advised that the parents should consider the same factors in reaching custody decisions.


What is JOINT CUSTODY and how is it different from SOLE CUSTODY?

Joint legal custody gives the non-residential parent the right to participate in major decisions about the children's upbringing. In the traditional sole custody arrangement, the non-custodial parent has a right to a limited amount of contact with the child, and the requirement to pay child support. There are disadvantages to the non-custodial parent for example, that
parent cannot access his or her own child's medical records without the custodial parent's permission. Joint legal custody does not affect the child's living arrangements. Often it is
granted with the standard residence arrangement, in which the child lives with one parent but is permitted to visit the other parent certain days per month.

Many states presume that joint legal custody is in the child's best interest. In those states, the court must award joint legal or make a specific finding that joint legal custody would be
detrimental to the child. A denial of joint legal custody might be based on a finding that  the parties have such extreme communication problems that they can not work together for the benefit of their children.

How does physical custody work?

In an uncontested situation, the court will usually approve shared physical custody arrangements which divide the child's time with the parents roughly equally. With joint physical custody (also called shared parenting), the child lives with both parents, often on an alternating week basis. Joint physical custody is usually defined as a schedule where the child has at least a 30/70 time share between parents, although 50/50 arrangements are common. Joint physical custody is almost always accompanied by joint legal custody. Generally a court will not  award joint physical custody in a contested situation.

How does Joint Custoedy affect children?

The available research has found joint physical custody to be better for children than sole custody by a wide margin while the rest indicates no difference between the two. The critical factor appears to be the relationship between the parents; whether they have conflicts and the magnitude of these conflicts. When there is a high degree of conflict between parents, joint custody and sole custody produce similar outcomes for children. In cases were there is relatively little conflict between parents, joint custody results in better outcomes for children, i.e.,  they have fewer emotional problems, do better in school and less delinquency than children in sole custody.

Does JOINT Custody increase the conflict between parents?

No. Studies have shown that conflict is either reduced or is the same with joint custody.  It is generally understood that   custody fights are conflicts over who will raise the child, so the reduction in conflict with joint custody may result from the continued participation of both parents in raising the child. 

How does join custody affect child support?

There is no affect on the finances of child support calculations when there is  Joint legal custody  as opposed to when one parent has sole physical custody. With joint physical custody there is still a payment of child support from the higher income parent to the lower income parent.   Usually determined by a sliding scale chart  based on time with each parent.
State guidelines are normally constructed so that the financial support going to the child is the same for joint physical custody as for sole physical custody. Because both parents provide for the child directly with joint physical custody, the payment between parents may be less, but the material needs of the child are provided for as well or better with joint custody as compared with sole custody.


12. How is child support determined?

Every state has child support guidelines which determine the amount of child support to be paid.

In New Jersey: 

a)    How is child support determined in New Jersey?

New Jersey, similar to many other states, has "Child Support Guidelines" that apply a percentage to the total available income of both parents.  Using the fraction of the total income that you (or the other parent) earn, child support is calculated. These guidelines have been effective since September 1, 1997.

The guidelines now provide the child support award for all combined incomes up to $150,800.00 per year ($2,900.00 per week). If the income is above that level, the Judge has the discretion as to how much additional support should be ordered.

b)     How do I calculate the amount of child support?

You can approximate your child support obligation (or the amount that you will be receiving) by applying the paying parent's (Parent of Alternate Residence, or PAR) income to the Guidelines. They are available here.

However, to get a more accurate amount, complete a Child Support Worksheet, available on this site or at the Family Court. You could get a quick estimate of the amount; you can approximate that by knowing the PAR's net income, and looking at the following chart:

 

 

 

$500/week

$1000/week

$2000/week

*

one child

 

24.0%

21.4%

17.3%

*

two children

 

34.9%

30.9%

24.9%

*

three children

 

41.3%

36.3%

29.3%

*

four children

 

45.6%

40.1%

32.3%

*

five children

 

49.5%

43.5%

35.0%

*

six children

 

52.9%

46.6%

37.5%

 

c)     What if this amount does not cover expenses?

In most every divorce the finances are difficult for both
parties.   However, it is important to recognize that the
guidelines include certain expenses, such as:

a.     housing (mortgage or rent, repairs, school
or college housing, utilities, domestic help,
lawn care, gardening, pest control, laundry
and dry cleaning, furniture, appliances, and
others);

b.     food (including non-alcoholic beverages,
and food purchased away from home);

c.      clothing (except for special-needs clothing
for sports);

d.     transportation (including car payments
and insurance);

e.     unreimbursed health care (up to $250.00
per year per child);

f.       entertainment (fees, memberships, admissions
to sporting events, etc.); and

g.     miscellaneous items such as personal care
products, magazines, etc.

The Court can make an additional allowance for such
expenses as:

h.     child care expenses, including day care, day
camp in lieu of day care;

i.        health insurance (the additional cost to
insure the child/ren only);

j.       predictable and recurring health care
expenses in excess of $250 per year
per child (such as orthodontia and counseling);

k.      other expense approved by the Court,
such as private schooling, special needs
of gifted or disabled children, and
visitation transportation expenses.

 

 

In New York:

a) When does child support stop in New York?

A parents liability for the support of his or her children is limited to children under the age of 21. In the absence of an express or implied contract, parents generally have no duty to support an adult child. For custody, visitation and other purposes, the age of majority is age 18, but for purposes of the a parent's support obligation, the age of majority remains at 21. Of course, a parent's duty to provide reasonable child support is not absolute. The duty may be terminated before a child is 21 if the child becomes emancipated by obtaining a full-time job which pays enough that the child can truly be considered to be financially independent, by marriage or entry into the armed forces. Under certain limited circumstances, a parent's duty to pay child support may also terminate if the child refuses, without just cause, to submit to reasonable parental authority.

b) How is child support calculated?

  • The Child Support Standards Act ("CSSA") provides that the court shall calculate the "basic child support obligation", and the non-custodial parent's pro rata share of the"basic child support obligation". Unless the court finds that the non-custodial parent's pro rata share of the "basic child support obligation" is unjust or inappropriate, after considering ten statutory factors, it must order the non-custodial parent to pay their pro-rata share of the "basic child support obligation". In arriving at the "basic child support obligation" the Court must calculate the "combined parental income" and multiply it by the appropriate "child support percentage.""Income" is defined as "gross income as was or should have been reported on the most recent federal income tax return". There are required deductions from gross income for social security and New York City and Yonkers income taxes. The law contains provisions for additions to "income" and deductions from "income".

The "child support percentage" is:

    • 17% of the combined parental income for one child;

    • 25% of the combined parental income for two children;

    • 29% of the combined parental income for three children;

    • 31% of the combined parental income for four children; and

    • no less than 35% of the combined parental income for five or more children.

Where there are five or more children, the court must exercise its discretion in fixing the amount of the child support percentage. Where the combined parental income exceeds $80,000 per year, after the court determines the non-custodial parent's share of the "basic child support obligation", it must next determine the amount of child support for the amount of combined parental income in excess of $80,000. It may do so, in the exercise of its discretion, through consideration of ten discretionary factors and/or the child support percentage.

There are two additional items of support which are part of and which the court must consider in determining the "basic child support obligation" and two items it may consider in determining the non-custodial parent's share of the "basic child support obligation":

When a custodial parent is working or receiving education leading to employment, reasonable child care expenses must be apportioned pro rata, in the same proportion as each parent's income is to the combined parental income.

In addition, the Court must fix the non-custodial parent's pro-rata share of the child's future reasonable health care expenses not covered by insurance, prorated in the same proportion that each parent's income is to the combined parental income and the non custodial parent's pro rata share must be paid in the manner determined by the Court.

The Court may also make an award directing the non custodial parent to pay the costs of present or future post-secondary, private, or special education for the child. The non-custodial parent will pay these expenses in the manner determined by the Court. This provision is discretionary. When the Court determines that the custodial parent is "seeking work" and incurs child care expenses as a result, it may determine reasonable child care expenses and apportion them between the custodial and the non-custodial parent. The Court can direct the manner of such payment. This provision is also discretionary.

The CSSA mandates that a minimum of $25.00 per month be fixed as child support even if the non-custodial parent is unemployed and has no income or assets.

Can my spouse and I agree to amounts that are different from the amount of child support required by the "CSSA" guidelines?

Yes. You and you spouse can waive the provisions of The Child Support Standards Act provided that you do so in writing, and the agreement contains
certain required language demonstrating that you have been advised as to the amount of child support that would have to be paid were the CSSA guidelines being observed, and further, the agreement lists the reason or reasons that it does not provide for payment of that amount. This provision may not be waived by either party or their counsel.


Can Child Support be increased after the divorce has been granted?

You can file a "motion" asking the Court to modify the most recent Order or Judgment based on a substantial change in circumstances and the best interests of the child/ren. You can simple do this by walking in to the Family COurt in your country and filing out some forms. On the court date you woudl bring in proof that there has been a change in your circumstances. such as you are unemployed and collecting unemploymentinsurance. 



Locations

Astoria, New York

New York, New York

Harrison New Jersey

 

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What is "ProSe"

This following statement underpins the concept of prose dedication to supporting the individuals’ right of Pro-se [self] representation by designing a simple to use self representation system for uncontested divorces.  For those who qualify your financial savings can run into the thousands of dollars and your emotional savings will be priceless.

“Pro se' representation (representing yourself) is firmly embedded in American jurispru­dence yet, for a lay person, this conceptual right is but a meaningless truism without the corresponding abilities to see through a legal maze and use the complicated procedural mechanisms necessary to vindicate that right. “ Moses Apsan, Esq., Assisting the Pro Se Litigant:  Unauthorized Practice of Law or the Fulfillment of a Public Need, 3 NYLRev XXVIII (1983).

Many legal proceedings do not require the assistance of anyone, not even a lawyer. The right of self‑representation is universally accepted and has been protected by law since the creation of the American government. The Judiciary Act of 1789, enacted by the first Congress and signed by President Washington the day before the sixth amendment specifically provided that “in all the courts of United States, the parties may plead and manage their own causes per­sonally.…” The United States Courts of Appeals have repeatedly held that the right of self‑representation is protected by the Bill of Rights. Similarly, the individual states, with few exceptions, accord an individ­ual the right of self‑representation, explicitly conferring that right in their state constitutions and corresponding statutes. Many state courts, in accord with federal courts, have opined that the right is supported by the United States Constitution. The American Bar Association [ABA], in its Code of Professional Ethics, recognizes that "anyone who does not wish to avail himself of [legal] representation is not required to do so." With this in mind this ABCDivorces.com was  created.

 

 

 

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