Is it okay to send an email or text message instead of calling?
Yes.
What does an LDA do?
An LDA, Legal Document Assistant, is an experienced professional who is authorized to prepare legal documents for a client, at the direction of the client.
What methods of payment are accepted and how can I make payment?
We accept debit cards and all major credit cards. Once you have decided what services you would like us to provide, we will email you an invoice.
I want to file for divorce but cannot afford the $435.00 filing fee. Can you help me submit an application for a fee waiver?
Yes. Ensuring that you have the ability to pay court fees or whether you need a fee waiver is part of our intake process.
My case is very simple. Do I need a lawyer?
It depends on your particular case. A case without complex issues, would benefit with the hiring of an LDA to help with document preparation and following rules and procedures.
What if my spouse has a lawyer?
Each case varies. Many people decide that they would rather represent themselves, even if the other side has a lawyer. You can too. With help from an LDA you can rest assured your documents will be prepared and processed efficiently.
What if neither party has a lawyer?
An LDA is not an attorney and will not represent either party. Accordingly, the LDA can help both parties through the process. For an example, with a divorce, we can prepare documents for both parties.
I called an LDA office to find out whether her office does "unbundling" and she had never heard of this. Don't LDAs do unbundling?
Some do not do this, and in some counties it is unusual. However, our office will help you with "unbundled" services. We offer unbundled services at $65.00 per hour. Such as, if you reach an agreement on one or more issues, want a Stipulation that the other party will sign and that the court will enforce, we will bill you at $65.00 per hour with a deposit of 2 hours. Further, we can assist with case management documents and will prepare Notice of Continuance and other procedural forms at $65.00 per hour.
What is "discovery?"
During the pretrial stage of a court case there is an important step called “discovery.” During discovery, both sides collect and exchange information about the case and prepare for trial.
Can you help me if I want to serve discovery or if opposing party serves discovery on me?
Yes. Our LDAs are able and qualified to assist with most discovery needs.
Can you help me and the other party put into writing what we agree to?
Yes. If you already have an agreement in your case and do not want to go to court, you can usually write up your agreement, have a judge sign it, and it will be filed with the court.
Can you help me schedule a mediation appointment?
Yes.
What if I need legal advice?
This link will help you locate your nearest Lawyer Referral Service.
What is a Dissolution of Marriage?
A Dissolution of Marriage is the formal, legal ending of a marriage by a court, commonly called a divorce. A dissolution of marriage entirely ends your legal relationship as spouses and terminates your marriage. It is an official close to the marriage.
How do I obtain a Dissolution of Marriage?
To obtain a dissolution of marriage or divorce, one spouse has to file a divorce petition, also called a petition for dissolution of marriage. There are residency requirements to get divorced in California. This means you have to have lived in California for the past 6 months.
Either party can decide to end the marriage and both parties do not have to agree to the divorce. A spouse cannot force the other to stay in the marriage. The spouse who does not want to get a divorce cannot stop the process by refusing to participate in the case. Non-participation may lead to a default judgment, not to a dismissal of the divorce request.
How soon can I be divorced?
It takes at least six months for the divorce to become final. The six months is calculated from the date that the petitioner had the other party served with the initial paperwork, or when the respondent filed their first paperwork, whichever occurs first. Once the court enters a judgment (decree), a marriage is dissolved. The judgement is a written court order that formally dissolves the marriage. If the case settles, the terms of the settlement are included in the judgment.
I’ve been served with divorce paperwork. How long do I have to respond?
In California, you have only 30 days from the date you were served with the Summons and Petition to respond. If you fail to file a Response with the court, you will lose your right to make arguments about child custody, child support, property division, spousal support (alimony).
What do I do if my spouse does not respond to my petition for divorce?
If your spouse ignores notifications regarding a requested divorce, your spouse could find himself or herself divorced, anyhow, because his or her non-participation will lead to a “default”. A default occurs when the petitioner does not receive a timely response from the respondent. If the respondent received the Summons and Petition, but intentionally fails to file a response within the deadline (30 days in California), the petitioner may advance the divorce without involvement of the respondent.
What is a Declaration of Disclosure?
A Declaration of Disclosure is a financial statement that presents a full disclosure of each party’s respective income, expenses, assets and debts. These forms are critical because, if not prepared and served or prepared incorrectly, a party can be subject to severe sanctions in the form of attorney fees or an award of an entire asset to the other party.
When do I need to file an Income and Expense Declaration (FL-150)?
An Income and Expense Declaration should be filed anytime you are asking for financial orders, such as spousal support, child support, attorney fees, and sanctions.