Can Both Spouses See a Divorce Attorney Together?

Posted on April 4, 2012 by LegalActionWorkshop

Both spouses cannot get legal advice from the same attorney since this is considered a conflict of interest.

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 .

 

 

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The 5 Steps to Divorce in California

Posted on April 2, 2012 by LegalActionWorkshop

California is a ‘no fault’ state and as such the courts are not concerned about finding fault with one party or the other regarding the divorce.  The courts are interested in the ‘issues’ of the Divorce.  Things like spousal support, child support, custody & visitation, as well as division of property & debt are issues that the courts need to have resolved before the divorce can be finalized.  These issues can be resolved amicably by a stipulation or a Marital Settlement Agreement which would avoid a court appearance.  However, if the issues cannot be resolved amicably, then a court appearance would be necessary.

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 .

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How do Cutbacks in the California Courts Affect You?

Posted on March 27, 2012 by LegalActionWorkshop

California courts are experiencing extreme cutbacks due to budget deficits.  As much as $600 billion has been cut from the state court system!  This means that the prospect of:

  • 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 .

 

 

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What are the Steps Involved in a Publication Divorce?

Posted on March 25, 2012 by LegalActionWorkshop

A Publication Divorce is needed when the petitioner does not know where his/ her spouse lives or works and hence cannot serve the spouse with Divorce papers.  There are certain steps that have to be followed in order for the courts to have a ‘date of service’.

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.

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How Much does a Divorce Attorney Cost?

Posted on March 19, 2012 by LegalActionWorkshop

Most people think that a Divorce attorney is too expensive.  This is not true!  Although most attorneys charge retainer and hourly rates, not all attorneys do this.  There are more and more attorneys today who offer flat fees to clients.

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 .

 

 

 

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