Why an Uncontested Divorce is Cheaper

An uncontested Divorce is a Divorce in which there are either no issues and the parties are cooperative, or there are issues and the parties agree as to how to resolve them. Issues are things like spousal support, child support, child custody, division of assets and division of debt. There may be other issues as well.

In a short marriage with no children or property as well as no desire for spousal support, there would not be any issues that would need to be addressed by the court.  This type of Divorce can be finalized without a court appearance in most cases. Often, in these instances, the Respondent does not Respond and the Divorce is finalized by ‘default‘. This type of Divorce is cheaper because it requires less paperwork, less time and no court appearance.

However, in a marriage of any length when there are issues to address, the parties can agree on them.  The best approach is to speak with an experienced Divorce Lawyer who can analyze the specific circumstances and determine if  there are issues as well as how to address the issues in a reasonable way.

In addition, the Attorney will be able to explain the client’s legal rights with regard to support, custody, division of property etc.  This information will help in negotiating a reasonable approach to the issues.  Again, an uncontested Divorce with issues is less costly mainly because a court appearance, in most instances, is not needed and the issues are usually handled in a timely manner by the preparation of a Marital Settlement Agreement or Stipulation.

An uncontested Divorce is the preferred method of Divorce for a number of reasons:

  1. it is cheaper
  2. it is less stressful
  3. it does not require a court appearance in most cases

Legal Action Workshop has had more than 35 years’ experience with uncontested Divorces.  We have also prepared thousands of Marital Settlement Agreements as well as Stipulations which address the issues of the Divorce thus avoiding a court appearance in most instances.  Please call us at 1-800-HELP-444 (1-800-435-7444) or visit our website for more information @ www.LegalActionWorkshopLAW.com .

 


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How Fast can a California Divorce be Finalized?

Most people want to know how long it will take to finalize a Divorce in California.  The answer to this question is not simple.  In California the minimum time frame is 6 months and 1 day from the date of service.  However, this is not the maximum time frame.

There are a number of factors that contribute to a longer length of time for the finalization of a Divorce.  Here are some of the factors:

  1. When the parties do not get legal advice and they prepare the paperwork incorrectly; the courts reject paperwork that is presented incorrectly or has incorrect and conflicting information
  2. When the parties do not agree on their issues. In this case, the respondent will respond when served.  This means that the Divorce is contested and will require a Trial if the parties cannot agree on issues.  It may take over a year to get a trial date depending on the court. In a contested Divorce, other legal procedures may be needed such as depositions, discovery etc which can be very time-consuming
  3. When the parties do not cooperate and one or both try to ‘game’ the system by presenting roadblocks such as not showing up for hearings, continuing the scheduled hearings or trial, or they may change their lawyer etc.

It’s very important to understand the issues of the Divorce before any papers are filed. Once the client understands the issues and how the courts work, he/she can decide the best legal option.  However, it’s always best to have a Divorce Lawyer prepare the paperwork and handle the process as this will help assure the quickest time frame.

Many people think that a Divorce Attorney is too costly–but this is not always the case. Legal Action Workshop offers LOW FLAT FEES for Divorce with an experienced Attorney! We make it affordable to have an Attorney on your side.  If you have questions about Divorce, call us at 1-800-HELP-444 (1-800-435-7444) or visit our website @ www.LegalActionWorkshopLAW.com for more information.


Posted in California Divorce, Choosing a Divorce Attorney, Division of Property, Divorce, Divorce after a Long Marriage, Divorce and Family Law, Divorce Attorney, Divorce Attorney Fees, Divorce Documents, Divorce for Men, Divorce for Women, Divorce Lawyer, Divorce Papers, Divorce Process, Divorce with Children, Divorce with Property, Do You have an Easy Divorce?, Family Law, Family Law Attorney, Father's Rights, Finalizing a Divorce, Flat Fee Divorce, Flat Fee Los Angeles Divorce Attorneys, Los Angeles Divorce Attorney, Los Angeles Divorce Lawyer, The Cost of a California Divorce, The Divorce Process is what Counts, The Importance of Legal Oversight in Divorce, There is More to a Los Angeles Divorce than just Filing, uncontested divorce, Uncooperative Spouse, Why is Legal Advice Important?, You Need Attorney Oversight to Complete Your Divorce | Tagged , , , , , , , , , , , | Leave a comment

What Happens if a Parent takes the Child and Disappears?

There are times when a parent abandons the home and takes a child without saying where he/she will be living and/or how contact can be made.  This is extremely stressful and may occur for a number of reasons.  One reason that a woman may do this is due to a Domestic Violence situation in which she is afraid to remain in the home.  In this case a woman may go to a shelter with the child or to family or friends and may not wish to say where she is out of fear.

If Domestic Violence is not a factor, it is a crime for either parent to take children out of the home and not state where the children will reside.  This is especially stressful when children are taken out of the city, state or, much worse, out of the country.   If you are married and your spouse and child leave the home and you do not know where they are, be advised that the offending parent can be charged with ‘parental kidnapping‘.  In this case a report should be made with the police so that every attempt can be made to find the child.  The same report can be made if you are not married, but have court orders for custody & visitation.

However, if you are a father, not married and without court orders then you will need to file a Petition to Establish Parental Relationship and try to find the mother so that she can be served.  If you can’t find the mom, it will be difficult to move forward.  For this reason, it is very important for fathers to get court orders for children when they know where the mom is and not wait until a potential change.

If you have questions about ‘parental kidnapping’, paternity or child issues such as Custody, Visitation & Support give the Family Law Lawyers at  Legal Action Workshop a call @ 1-800-HELP-444 (1-800-435-7444). With over 35 years’ experience, we can advise you as to your best options.  Please visit our website @ www.LegalActionWorkshopLAW.com for more information.


Posted in Abandoning the Family, Abandonment, Child Custody, Child Custody & Visitation, Child Custody in California, Child Visitation and Support, Custody, Family Law, Family Law Attorney, Father's Rights, How to Get Child Custody, What is Domestic Abuse | Tagged , , , , , , , | 2 Comments

Not Sure if You are the Father?

Notification of fatherhood may come to you from the Family Court in the form of a Petition to Establish Parental Relationship, or from Child Support Services.  No matter how it comes, it is best to take action right away.  In some instances you may not know who the mom is and are certain you are not the father, or you may know the mom and still be unsure as to whether the child is yours or not.

Whatever the situation, your response depends on what you receive.  If you received a Notice and Complaint from Child Support Services you will have 30 days to respond to it. When you respond you must say that you are NOT the parent and request a DNA test. Child Support Services will typically arrange for the testing.  If the test comes back negative, Child Support Services will usually dismiss the case.

If you are served with a Petition to Establish Parental Relationship, also known as a Paternity Action, from the Family Court you will also need to Respond within 30 days. However, make sure to check either the box indicating that you are unsure that you are the father OR that you are sure that you are not the father.  You can also request a DNA test to confirm paternity.

Do not wait to dispute Paternity.  Make sure to reply right away so as to request a DNA test to confirm fatherhood.  Those who wait or who do not respond correctly run the risk of being determined the father and paying the necessary Child Support.  If the dad waits more than 2 years, once a judgment as to Paternity has been made, the courts will not change the determination.

If you have questions regarding Paternity or have received a document regarding Paternity, give us a call!  We can determine how best to handle your specific case and see that a DNA test is administered. We can be reached at 1-800-HELP-444 (1-800-435-7444) or visit our website for more information www.LegalActionWorkshopLAW.com .


Posted in Child Custody, Child Custody & Visitation, Child Custody in California, Child Support, Child Support in California, Child Visitation and Support, Family Law, Father's Rights, How to Get Child Custody, How to Get Child Support, Paternity Action, Want to get Child Custody? | Tagged , , , , , , , | Leave a comment

Action Steps if your Spouse Committed Bigamy

If you find out that your spouse is not divorced from a previous spouse i.e. committed Bigamy, you can:

  1.  File for Annulment as Bigamy is a legal ground for Annulment
  2. If a Divorce is in progress and not completed, your spouse could complete the Divorce then you could remarry if desired
  3. If children or property are involved in the current marriage to a spouse who is not divorced, you can still file for Divorce under the ‘putative spouse‘ law.  This law states that if a spouse believed that he/she was in a valid marriage then a Divorce could be filed and other issues such as division of property, spousal support as well as custody, visitation and support of children could be addressed.

In most cases, the spouse who committed Bigamy is often unaware that his/her Divorce was not finalized by the court, therefore a simple completion of the Divorce is all that is needed so that the couple can remarry.  However, an Annulment or Divorce could also be filed depending on the situation.

If you would like to discuss a California Annulment or Divorce, our experienced Family Law Attorneys can help for Low Flat Fees!  Please call our offices at 1-800-HELP-444 (1-800-435-7444) or visit our website www.LegalActionWorkshopLAW.com for more information.

 


Posted in Annulment, Bigamy, California Divorce, Child Custody, Child Custody & Visitation, Child Custody in California, Child Support, Child Support in California, Child Visitation and Support, Divorce, Divorce and Family Law, Divorce Attorney, Divorce Lawyer, Family Law, Flat Fee Divorce, Flat Fee Los Angeles Divorce Attorneys, Los Angeles Divorce Attorney, Los Angeles Divorce Lawyer, What is an Annulment? | Tagged , , , , , , , , | Leave a comment