What is a California Attorney-Assisted Divorce?

Posted on February 22, 2012 by LegalActionWorkshop

An Attorney-assisted Divorce is one in which a Lawyer helps the client with the Divorce paperwork and/or process and charges a flat fee for the service. This is not full representation so there are no retainer and hourly rates.

This is a unique form of ‘limited scope’ or ‘unbundled’ legal services whereby the attorney advises the client and oversees the divorce process.  If the client and spouse decide to agree on their issues, a Marital Settlement Agreement can be prepared.  In addition, if the spouse does not respond the divorce can proceed by default.  If the spouse does respond and does not wish to agree, then the divorce can proceed by trial.  If the client wishes to use the Attorney-assisted method, then a flat fee is offered on a ‘pay as you go’ system.

If a client tries to complete the Divorce without attorney involvement, he/she is often at a disadvantage.  With attorney involvement, clients get:

  1. legal advice
  2. legal oversight
  3. legally correct paperwork and court processes

With an Attorney-assisted Divorce, clients can get affordable legal assistance with no financial surprises.

For more information on Attorney-assisted Divorce, call Legal Action Workshop @ 888-LGL-ACTN (888-545-2286) or visit www.LegalActionWorkshopLAW.com .

 

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What is Limited Scope and How is it Used in California?

Posted on February 20, 2012 by LegalActionWorkshop

In California, the ‘limited scope’ law can be used for both family law and civil matters .  This law basically gives lawyers the ability to help people with partial or specific legal tasks, based on a contractual agreement, and charge a flat fee for the service.  Limited scope can be used for family and civil court appearances, as well as answers and responses, document preparation and other legal matters such as Divorce, Legal Separation, Annulment and Paternity Actions.

When legal matters are handled by ‘limited scope’ or an ‘unbundled’ approach, the client in most cases is still ‘in pro per’ or ‘without an attorney’ as this term means that they are not fully represented.  In these cases, the ‘attorney of record’ is the client.  The attorney may be assisting the client by preparing documents or responding to requests and can charge a flat fee for this.  However, if there are court appearances, the attorney can fully represent while in court only and can still offer a flat fee for the service.  In this way, lawyers can help clients who do not wish to pay, or may not need, the typical retainer and hourly rates that is usually offered.

The advantages of using ‘limited scope’ for your legal matter  are many:

  1. Affordable; no financial surprises
  2. Experienced Attorneys; knowledge of the courts, judges and correct procedures
  3. Legal advice;  know your legal rights
  4. Attorney oversight;  can complete the process and handle issues that may arise

Most people assume that they require ‘full representation’ when they are confronted with a legal matter–but this is not true.  Most legal matters are not that complex and can be handled in a ‘limited’ way for a flat fee or a ‘pay as you go’ system.

For court appearances, a ‘limited scope’ attorney will prepare a ‘limited scope’ contract stating that he/she will fully represent the client while in court and then when that specified time in court is complete, the attorney no longer fully represents.  For paperwork such as document preparation, responses, answers and other civil or family law matters, the attorney can advise the client and prepare the required paperwork while the client is still ‘in pro per’ or ‘without attorney’ for a flat fee.

For more information on ‘limited scope’ representation by family law lawyers or civil attorneys, contact the Legal Action Workshop law firm @888-LGL-ACTN (888-545-2286)  or visit our website www.LegalActionWorkshopLAW.com .

Posted in Annulment, Civil Matters, Divorce, Legal Separation, Limited Scope | Tagged , , , , , , , , , , , | Leave a comment

How to Avoid Divorce and have a Long & Happy Marriage

Posted on February 14, 2012 by LegalActionWorkshop

Many people marry–but how many actually stay married for more than 11 years?  In California the Divorce rate is pretty high, in fact approximately 75% of marriages end in Divorce!  This is staggering!

Two UCLA psychologists studied the effect of commitment on a marriage.  They studied 172 newlyweds over an 11 year period and their findings show that those who are more committed to the marriage have a much better chance of avoiding Divorce.  In essence this means that when a dispute occurs or when a couple goes through tough times, those who are more committed to making the marriage work, have a greater chance of maintaining a long and happy marriage.

Here are some suggestions:

  1. People typically Divorce when times are tough;  make a deeper commitment to the marriage and do whatever is needed to preserve the relationship during the tough times
  2. Allow for disagreements and differences of opinion; these can spur interesting discussions and energize the marriage
  3. Strive to compromise; realize that you don’t always have to be right
  4. Take active steps to maintain the relationship i.e. do what it takes to make the relationship work

The UCLA study finds that those who make sacrifices for the sake of maintaining the relationship, have a much greater chance of avoiding Divorce.  Nevertheless, the study ends with a warning, “…choose (a spouse) carefully and wisely–and even then, don’t expect it to be easy.”

At Legal Action Workshop, we find that most people who divorce hardly know their spouse when they marry.  Our advice is take time to get to know the person before you marry…what’s the hurry?

 

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How to Change Child Custody, Visitation and Support

Posted on February 8, 2012 by LegalActionWorkshop

If there is an existing action such as a Divorce, Legal Separation or Paternity Action, you may file an Order to Show Cause for temporary orders for child custody, visitation and support.  These orders can be modified at the Divorce, Legal Separation or Paternity Action trial or by subsequent Orders to Show Cause filings prior to the trial or after the judgment is entered.  This filing consists of:

  1. An Order to Show Cause
  2. An Application and Supporting Declaration

The paperwork is filed with the court, and a mediation date is set prior to the hearing date.  The other party is then served.  Even if one parent doesn’t show up to the mediation, the other must go.  The consequence of one parent not showing up is that the hearing stage may take longer.  This occurs because the judge will ask both parents to go to mediation at the time of the hearing. This will delay the court hearing and may cause it to be continued which could be time consuming and costly.  If one parent does not show up to the hearing, the other parent will have an advantage as there will be no opposition.

If the parties cannot or will not come to a parenting agreement which addresses custody and visitation, then the judge will make that decision, as well as a support decision, based on the evidence produced at the time of the hearing.  If the decision that is made is not acceptable by one of the parties, they cannot file another Order to Show Cause right away.  They need to follow the court order until there is a change of circumstance that would warrant going back to court.

For more information about Orders to Show Cause regarding child custody, visitation and support, contact Legal Action Workshop @ 888-LGL-ACTN (888-545-2286) or visit www.LegalActionWorkshopLAW.com .

Posted in Child Custody, Child Visitation and Support, Divorce, Legal Separation, Order to Show Cause, Paternity Action | Tagged , , , , , , | Leave a comment

Heidi Klum and Seal Opt for Divorce After 7 Years

Posted on February 6, 2012 by LegalActionWorkshop

Heidi Klum and Seal plan to Divorce after 7 years of marriage.  According to TMZ, Klum has sited ‘irreconcilable differences’ as the reason for the Divorce.  Since California is a ‘no fault‘ Divorce state, the only reason for Divorce is ‘irreconcilable differences’!  Essentially this term means that the couple no longer wishes to be married due to their differences.

Klum makes considerably more money than Seal and they have 4 children.  These would be some of the issues that they will be addressing:

  • custody, visitation and support of the children
  • division of assets and debts
  • spousal support (this is unlikely since Seal, even though he makes less than Klum, still makes a considerable amount of money)

It is expected that they will each hire their own Divorce Attorneys.  Most high net worth couples have a Prenuptual Agreement which outlines the division of assets and debts in the event of a Divorce.  If Klum and Seal have a prenup, the lawyers will discuss the terms of the agreement and try to address the issues of the Divorce so that both Klum and Seal are satisfied that the best deal has been made.

Most famous couples do not wish to go to court to dispute the issues of their Divorce.  They attempt to settle their differences by agreement and thereby avoid a court appearance.  This is actually the best way to finalize a Divorce–even for ordinary people.  A Marital Settlement Agreement avoids the stress, expense and uncertainty of court appearances and is the preferred method for finalizing a Divorce.

If you have questions about Divorce and Family Law issues, please call Legal Action Workshop at 888-LGL-ACTN (888-545-2286)  or visit www.LegalActionWorkshopLAW.com .

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