• 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 .

• 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 .

• 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 .

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 .

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 .

What is legal advice?

• the application of legal rules to a specific set of facts
• advising the client on a specific legal matter
• recommending a course of action based on facts given or received

When one spouse has a consultation with a Family Law Attorney or Divorce Lawyer, he/ she is given specific legal advice based on his/her situation.  Examples of common Divorce questions are:

• What should I do?
• What are my rights and obligations?
• How much spousal support and/or child support can I expect?
• How much spousal support and/ or child support will I need to pay?
• How would I divide our assets and property?
• Does my spouse get part of my retirement fund?  How much?
• Can I get custody of my child?

Answers to these questions, as well as other legal questions, are considered legal advice and as such cannot be given to both parties in a Divorce by one attorney.

However, an attorney who acts as a mediator can give legal information to both parties. The mediator could explain how the Divorce process works and help the parties come to an agreement on their issues.  The mediator would not give legal advice to either party.

When spouses are in agreement with regard to their issues, they usually need help with the process as this is one of the most difficult parts of a Divorce.  Once assured that they have addressed all the issues, an attorney can prepare the appropriate paperwork and make sure that the process is handled correctly and professionally.

For more information on finalizing a Divorce when the parties are in agreement, please call Legal Action Workshop @ 888-LGL-ACTN (888-545-2286) or visit www.LegalActionWorkshopLAW.com .

Here are the 5 steps to a California Divorce:

1. One party files for Divorce (the petitioner).  The initial filing papers are very important as any errors at this stage may result in rejection by the courts.  Once filed, the petitioner can file for temporary orders (Order to Show Cause) if needed or desired.
2. The petitioner arranges for service on the spouse (the respondent).  Service must be done correctly i.e. if by mail or by person, the packet has all the correct documents enclosed & service is completed as per the California court rules.
3. The respondent has 30 days to repond.
4. If there is no response filed after the 30 days, the petitioner can enter ‘default’ paperwork; if there are issues then the petitioner will go to court without the spouse & the judge will make a ruling based on what is reasonable & the Divorce will usually be finalized; if there are no issues, the Divorce can usually be finalized without a court appearance.
5. If the respondent responds, the Divorce is considered ‘contested‘ and the next step would be to request a trial date.  Once a trial date is secured a Trial Brief will be needed in order to prepare for trial.  There may be a need for ‘discovery’, ‘interrogatories’ and ‘depositions’  as well as other documents and testimony    depending on the issues involved.

Be advised that the parties can choose to agree and avoid a court appearance at any time during the process.  This is advantageous for both spouses as it is less costly and less stressful.  If they cannot agree, then preparation for court and trial will ensue.

It is always wise to consult with an experienced Family Law lawyer when contemplating Divorce as he/ she can guide you and oversee the process.  For a LOW FLAT FEE Divorce Attorney, call Legal Action Workshop 888-LGL-ACTN (888-545-2286)  or visit www.LegalActionWorkshopLAW.com .

• closed courtrooms
• closed clerk offices
• staff layoffs
• furlough days

has already begun and will, more than likely, increase!

What this means for you is that getting justice in a timely fashion may be slipping away!  It has become harder to get information on pending cases from the court either by calling the court or viewing updates online.  It is taking longer to get court hearing dates or trial dates unless there is an emergency.  Civil cases may takes years to get to court.  And what’s more, courts may have no other option but to raise filing fees and other fees placing more of the burden on an already cash-strapped population.

In Family Law matters, incorrect filings will take longer to correct.  There are fewer clerks and more inexperienced staff.  This could signal more court errors as well as a slow down in processing.  The California courts still strive to finalize a divorce in a minimum of 6 months and 1 day from the date of service, but this may not always be possible.  Delays due to improper filing or court processes may make delays more the rule rather than the exception.

Anyone who has been involved the California court system recently has experienced the frustration of long wait times and increased costs.  It is more important than ever to get sound legal advice when you have a legal matter.  An experienced civil or family law attorney will know which legal matters need to be heard immediately and how to approach the court to get this done.  An experienced attorney can also give you a reasonable expectation as to time frame and cost.

It is best to critically analyze your legal matter and develop a strategic approach that would take into account both time and money.  An approach that involves as little court appearance time as possible is always best.  It should be remembered that many legal matters, such as Divorce, Legal Separation, Paternity Actions, as well as change orders (Orders to Show Cause or OSC) can be addressed by agreements or stipulations that would avoid court appearances.  By forging agreements, clients can avoid the frustration and cost of court delays.

For experienced attorneys and LOW FLAT FEES call Legal Action Workshop @ 888-LGL-ACTN (888-545-2286) or visit www.LegalActionWorkshopLAW.com .

These steps include:

1. file a petition for Divorce
2. request a search for the spouse using the full name and last known address in a legal newspaper
3. contact any persons found in the search
4. contact the post office to stamp the form indicating that there is no forwarding address
5. send a declaration that the person is not found
6. request a judge to sign the order for publication
7. publicize the divorce in a legal newspaper for a specified period of time, usually 30 days
8. the 7th day after publication is complete will be the ‘date of service’
9. default papers can be filed with the court after 30 days
10. the Publication Divorce is typically finalized 6 months and 1 day from the ‘date of service’

A Publication Divorce is more complicated and takes longer than a typical Divorce.  It is best to make every effort to locate the spouse before considering a Publication Divorce.

However, if the spouse cannot be found, this is an approved method of finalizing  a Divorce.  As you can see from the number of steps needed, it is complicated and difficult to complete.  For a LOW FLAT FEE, Legal Action Workshop can do this for you.  For a Publication Divorce, please call Legal Action Workshop @ 888-LGL-ACTN (888-545-2286) or visit www.LegalActionWorkshopLAW.com.

People who wish to divorce need legal advice and legal oversight so that they understand their legal options.  They also need help with the ‘divorce process’  i.e. the filing, serving and final paperwork, which is the most time consuming and confusing part of a Divorce.  In order to give the client a fee, the Divorce attorney will need to know the answers to the following questions:

1. Does the client know where the spouse is?
2. How long have the couple been married?  If spousal support is an issue,  is there agreement regarding the amount of spousal support, who would get it and for how long?
3. Does the petitioner have children?  If yes, is there agreement regarding custody, visitation and support for the child?
4. Does the petitioner have property defined as a house or condo, retirement plans or other assets or investments?  Is there agreement regarding the division of assets?
5. Does the couple have debt?  Is there agreement regarding how to divide the debt and how it is to be paid?

These are the main questions to consider when filing for Divorce.  The answers to these questions will determine, to a large degree, the cost of the Divorce.

If the location of the spouse is not known, the petitioner would need a ‘publication divorce’ which takes more time and is more costly.  A ‘publication divorce’ can cost as little as $899.  If there are no issues i.e. no children or property and no desire for spousal support, the fee for the Divorce can be as low as $525.  If there are issues and both parties are in agreement, the fee for Divorce can be as low as $1,150.  If there are issues but no agreement on how to address the issues, the parties will need to go to court, and this will be the most costly kind of Divorce.  Again, there are Divorce lawyers who can go to court for a flat fee.  The filing fee for the Divorce is additional and may vary slightly from one county to another.

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