What is the Role of the Spouse in a California Divorce?

Posted on May 10, 2012 by LegalActionWorkshop

Some people are confused about the role of the spouse in a California Divorce.  Basically, you can still get divorced even if your spouse does not cooperate.  The courts require:

  • a proof of service

A proof of service means that an adult (over 18 years and not a child of the marriage) has stated on a prepared form that he/she has served the spouse.  The package for service is comprised of a number of documents, namely the summons, petition for divorce, a blank response form and the proof of service form which needs to be dated and signed by the person who has served the package.

In this instance, the spouse does not need to do anything.  As long as the service has been done correctly, and the proof of service is filed with the court, the divorce can proceed.

Responding to a divorce petition is NOT the same as signing the proof of service.  In the Divorce world, a response is filed when the respondent (the person being served) is not in agreement with the issues stated in the Divorce petition.  If there are no issues (e.g. spousal support, custody, visitation & support of children or division of assets or debts) then there may be no reason to respond.  A Divorce lawyer can explain your rights and options in your specific case.

For more information on Divorce service and Response to Divorce, call Legal Action Workshop @ 888-LGL-ACTN (888-545-2286) or visit our website  www.LegalActionWorkshopLAW.com .

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Difficulties with Processing a California Divorce

Posted on May 2, 2012 by LegalActionWorkshop

Several people have emailed us with problems that they are having with the processing of their California Divorce.  Here’s what one person has explained:

  • I have filed for Divorce in person and have received a case number, and that is pretty much it!  Unfortunately I have realized that there are a lot of tricky paperwork involved and I don’t have the time, patience or knowledge to do this on my own…

Others have stated that their Divorce paperwork is constantly being rejected by the courts and they’re not sure how to correct it.  The delay in the finalizing of their Divorce is causing a lot of stress and uncertainty.  Will their Divorce ever get finalized?

Although the minimum time period for a Divorce in California is 6 months and 1 day from the date of service, the finalizing of a Divorce could take a lot longer.  Factors that impact the time needed are:

  • correct preparation of all paperwork
  • correct processing of all paperwork as per the county in which the Divorce is filed
  • the addressing of all issues in the Divorce (issues such as division of assets & debts, spousal support, child support, custody & visitation)

If a rejection letter from the court is received, pay special attention to what it details. It will explain exactly what needs to be done to correct the paperwork.

Let’s face it, finalizing a Divorce in California is not easy even if you and your spouse are in agreement.  You still need to deal with the processing of the paperwork and this is difficult!

If you need help, call Legal Action Workshop @ 888-LGL-ACTN (888-545-2286) or visit www.LegalActionWorkshopLAW.com .

 

 

 

 

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Problems When Attempting to Finalize a California Divorce

Posted on April 23, 2012 by LegalActionWorkshop

Several prospective clients have contacted us after trying to finalize their Divorce using a variety of sources.  Some of the problems that these people have experienced are:

  • One person stated that they had paid an online company a fee for the legal paperwork.  However, he was very confused with the instructions regarding filing, serving and finalizing the Divorce.  The papers are constantly being rejected by the courts.  The online company is not able to help him with the process.
  • Another went to a document service/ paralegal for her Divorce.  The paperwork was filed, her spouse was served but the Divorce was never finalized.  When calling the office, she discovered that the phone was disconnected and the company was no longer in business.
  • Another went to an Attorney for her Divorce.  She paid a retainer fee based on an hourly rate.  She thought that the Divorce would be finalized for the fee paid.  Once filed and her spouse served, the Attorney asked for another retainer fee.  The client didn’t have any more money.  Her Attorney subbed out of the case.

These occurrences are unfortunately too common.  Many people do not get what they expect when facing the prospect of Divorce.

The problem is that online services do not help with the process–they just prepare the paperwork.  This leaves out the complicated and difficult task of getting the Divorce through the court system.

The problem with document services and/or paralegals is that they can’t give you legal advice so you have no assurance that the legal paperwork is done correctly.  The added problem is that they may not complete the process and if they go out of business, you will have very little recourse.

The problem with most attorneys is that they do not give you an exact fee for the completion of the Divorce.  Most will give you their hourly rate and their retainer fee but once the retainer is spent, the attorney typically asks for an additional retainer fee.

The best way to avoid disappointment when wanting to finalize your divorce is to make sure you understand exactly what you are getting and what you are NOT getting.  Make sure that any contract that is signed is understood so that you are in agreement with the terms of the contract.  Do not give money to any agency, company or law office without an agreement wherein terms and conditions are noted.

If you are interested in a FLAT FEE Divorce, contact the Attorneys at Legal Action Workshop @ 888-LGL-ACTN (888-545-2286) or visit our website at www.LegalActionWorkshopLAW.com .

 

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What is Community Property in a California Divorce?

Posted on April 16, 2012 by LegalActionWorkshop

California is a ‘community property‘state.  This means that once a couple marries and then acquires property in both names, that property is presumed to be shared 50/50 regardless of who pays for it or contributes to it.

To what does ‘property‘ refer?

  • real estate such as a house, condo, time share etc.
  • a retirement fund
  • an investment fund
  • other personal property assets such as an art collection etc.
  • debt

The time period for the ‘community property’ law is from the date of marriage to the date of separation.  The partners do not have to ‘legally separate’ in order to have a date of separation.  The date of separation is simply the date that the parties no longer live together as husband and wife.  If, during this time period, the couple acquired assets or debts, these would generally be considered shared assets and debts.

Excluded from the ‘community property’ list is any property that is owned by one party before the marriage, or any property that is given to one of the parties or inherited by one of the parties.  The Divorce Lawyer can explain how this applies in a particular case.

The ‘Community Property’ law does not apply to ‘common law’ marriages i.e. when couples live together & acquire property but are not married. California is not a ‘common law’ state.

When filing for Divorce, couples can agree as to how the assets and debts shall be divided and as long as this is clearly stated in a Marital Settlement Agreement or Stipulation, the court will usually approve it.  However, couples may dispute the division of assets and debts in a Divorce trial for a variety of reasons such as ownership disputes or failure to divulge all assets.

A conference with a Divorce or Family Law Attorney can explain the ‘community property’ laws as it pertains to a particular case and can advise as to the best course of action.  For more information on ‘community property’ laws in California, please call Legal Action Workshop @ 888-LGL-ACTN (888-545-2286) or visit www.LegalActionWorkshopLAW.com .

 

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When You Are Served with a California Divorce, Don’t Run!

Posted on April 12, 2012 by LegalActionWorkshop

Some people try to avoid being served with a California Divorce.  The ‘respondent’ (the person being served with Divorce papers) may hide in his/ her residence and not answer the door or he/she may pretend to not be the person that he/she is.  These evasion attempts are futile and frankly silly.

All Divorces require that the respondent be served with the Petition for Dissolution (Divorce documents) after the initial filing has occurred.  The exception to this would be a Publication Divorce wherein the petitioner (the one who files for Divorce) does not know where the respondent is.  This type of Divorce would require a search and publication in order to try to find the missing spouse.

California has rules with regard to service:

  • service by mail is usually for those who are cooperative and will sign the proof of service
  • service for those out of state can be made by mail (as above), by certified mail (the signing of the certified mail card can be used as proof of service) or by service by another adult (as below)
  • service by someone over the age of 18 (not a child of the marriage) or a process server can be made by simply going to the place of residence or work and handing the papers to the designated person; if service is attempted 3 times, and not successful, the papers can be served by a method called ‘substituted service’

The bottom line here is that ‘service’ will be accomplished in most cases.  If it is determined that the person is no longer living or working at the known address and that the person cannot be found, then the petitioner (the person who files for Divorce) can do a Publication Divorce and use the last known address.

At best, the tactics used to evade service only delay the inevitable and fuel anger and resentment.  Since California is a ‘no fault’ state, the reasons for Divorce is not of interest to the courts.  The courts are interested in resolving the issues of the Divorce.  Some example of issues would be spousal support, child support, custody & visitation and division of property and debt.

It is best to allow oneself to be served & continue with the Divorce process.  Once any existing issues are addressed, and the parties are divorced, both people can move on with their lives.

If you have questions regarding the service of Divorce documents or need help with your Divorce, please call our experienced Divorce and Family Law Attorneys at Legal Action Workshop 888-LGL-ACTN (888-545-2286) or visit us at www.LegalActionWorkshopLAW.com .

 

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