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Our services always include:
Interview and gathering of data from client
Preparation of all standard legal documents (no additional or hidden costs)
Preparation of required local court forms
Free preparation of court fee waiver forms for qualified individuals
Processing/filing of documents with appropriate court thru final Judgment
Unlimited Telephone calls
Coordination of service of process (if appropriate)
Client copies of documents
Unlimited access to your court case docket
Free comprehensive Legal Guide regarding your proceeding
Fees are for Document Preparation only and do not include any court filing fee or other Costs
All services include a free, comprehensive, attorney-authored LEGAL GUIDE guide specific to your particular matter
IT IS ALWAYS RECOMMENDED THAT YOU SEEK LEGAL ADVICE FROM AN ATTORNEY
BEFORE FILING ANY LEGAL PROCEEDING. MANY ATTORNEYS OFFER FREE CONSULTATIONS.
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Information provided through this site has been taken from self-help informational publications provided by the Court or other legal sources
believed to be reliable. This information is general, published, factual information and should not be cited on or relied on as legal authority nor should it be considered legal advice.
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CALIFORNIA DIVORCE:
In California there are three ways the law can resolve marital issues - dissolution, nullity and legal separation.
- A nullity declares that the marriage in question never existed
- A dissolution says that the marriage will cease to end at the end of the dissolution.
- A legal separation makes orders about children, support and property, but the parties remain legally married while living apart.
All of the above methods provide for the resolution of the division of property and debts as well as spousal and/or child support and child custody and visitation.
Our web site can help you to:
- Compare the specific qualifications for a Summary Dissolution, a Regular
Dissolution, Annulment or a Legal Separation in California utilizing our easy comparison chart.
- Take our On-line Test and see if you qualify to file a Summary Dissolution (not everyone is qualified to file a Summary Dissolution.)
- Discover the advantages of having a Marital Settlement Agreement, even in the most simplest of cases.
- Lean how to deal with issues of child custody, visitation and support.
- Find out the easiest way to prepare your court documents.
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Dissolving a Marriage in California:
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California is a “no-fault” divorce state. This means that one party does not receive any more property or support because their spouse committed adultery, left the family home, or
was otherwise considered a “bad” spouse. In California, the grounds to obtain a dissolution of marriage or “divorce” are either 1) irreconcilable differences or 2) incurable insanity. Almost all divorces in
California are based on the grounds of “irreconcilable differences”. Additionally, in California one party cannot “stop” a divorce merely because they do not want to get a divorce from their spouse. If one
spouse says there are irreconcilable differences and the other spouse disagrees, a divorce will still be granted.
The Process: Filing for divorce in California is a multistep process. After filing the Summons and Petition with the Court, the non-filing spouse must be served. This starts
the timeline within which the case can later be concluded and a final Judgment entered. Once a spouse has been served, automatic restraining orders become effect. Both spouses are ordered by the Court not
to:
- Remove a child of the parties from the State without prior written permission of the other spouse or order of the court.
- Transfer, sell or encumber (borrow against) any property except in the usual course or business or for necessities.
- Cancel, transfer or borrow against any insurance (including life, health, auto, disability) held for the benefit of either the other spouse or a minor child.
During the court proceedings, both parties are required to exchange information regarding their property, debts, income and expenses, This exchange is completed through formal “disclosures” between the parties.
A Final Judgment of Dissolution can be requested to be entered no earlier than 31 days after the date the other party was served divorce papers. There are three ways to obtain a final judgment:
- By true default - The other party has not filed a response and the parties have not signed a formal agreement. All issues of the marriage including identifying each parties’ separate property and debt, the
division of community property and debt, spousal support, and child custody, visitation and support must be addressed unilaterally, and a fair and equitable resolution be presented to the court for approval.
- Uncontested default - The parties have reached an agreement resolving all issues of their marriage and have signed a Marital Settlement Agreement which sets forth the parties’ resolution of all issues,
identifies separate property and debt, divides community property and debt, and addresses issues of spousal and/or child support, and child custody and visitation.
The Marital Settlement Agreement is submitted to the court for ratification and approval. Most uncontested dissolution proceedings are resolved by way of a Marital Settlement Agreement, even in situations where the parties have no children, little property and few debts. This is because agreements have many advantages and cases with agreements are easier to do.
- Contested - The parties are unable to reach an agreement and a Response has been filed by the other party. It will be necessary for the court to make orders regarding the disputed issues through separate
hearings and/or a formal trial.
After a judgment of dissolution is granted, neither party can remarry until after the marriage termination date. This date cannot be earlier than 6 months and 1 day after the other party was originally served
with the Summons and Petition. Often the entry of a Judgment for Dissolution of Marriage is made by the court months before the actual date of termination of the marriage. The court does not send out further
paperwork following the actual date of termination of marriage. This date merely comes and goes and then the parties are free to go their separate ways, including getting remarried.
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Obtaining a Legal Separation in California:
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The reasons for obtaining a Legal Separation in California and process to accomplish it is very similar to a dissolution proceeding. (refer to The Process above.) The main difference in a legal separation is that, at the end of the process, although all issues pertaining to property, debt, children and support are resolved, the parties remain legally married and therefore are still eligible to retain certain benefits such as retirement or heath insurance benefits that would otherwise be lost in a dissolution proceeding. Another key difference is that there is no residence requirement under CCP Section 395 which requires one of the parties to have been a California resident for at least 6 months.
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Obtaining a Annulment in California:
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A nullity (formerly called annulment) is a process of obtaining an Order that the marriage never existed, and restores the parties to single status. The grounds for nullity are more
complicated than for a dissolution proceeding and are stated in California Family Code. The grounds are:
- incestuous marriage
- bigamous marriage
- petitioner’s age when married
- prior existing marriage
- unsound mind
- fraud
- force
- physical incapacity
In the annulment process, the court can provide for orders regarding child, support and property. Unlike in a dissolution or legal separation proceeding, however, formal testimony is required and there is a court hearing. At this hearing the Petitioner will need to explain to the court their reasons and legal basis for seeking an annulment of their marriage. A hearing can take place no earlier than 31 days following the date of service of the Summons and Petition on the other party. At the hearing, if the court approves the grounds for the annulment, a Judgment of nullity will be immediately granted, restoring the parties’ to “single status” and permitting a person to immediately remarry after the hearing. There is no six month waiting period.
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Advantages of having a formal Marital Settlement Agreement
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There are many reasons why it is worth the time and effort to execute a Marital Settlement Agreement in even the most simple, uncontested divorce or legal separation proceedings.
They are:
- Obtaining a final Judgment of Dissolution is a much easier process when the parties have entered into a formal Marital Settlement Agreement. The court paperwork is less voluminous because it is not necessary
to complete any and/or all of the eleven (11) “attachment to Judgment” forms otherwise required by the court in default matters resolved without an agreement.
- With a Marital Settlement Agreement, the parties can address certain issues with more detail, depth and flexibility than one can do in a Judgment with no Marital Settlement Agreement.
- With a Marital Settlement Agreement, there is generally no required court hearing.
- The Marital Settlement Agreement becomes the core of the Judgment. This means that the parties get to decide every aspect of their marital issues in their own language rather than having a Judge decide these
issues.
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Custody, Support or Restraining Orders
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If
the parties CANNOT agree on issues concerning concerning child custody and visitation, child support, spousal support and restraining orders, it is possible to get quick, temporary orders in the interim. If you need any of these types of orders, click here.
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Filing Your Proceeding Using our Self-Help Services:
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Preparing all of the necessary documentation required by the Court in a dissolution, legal
separation or annulment can be overwhelming for the average person. Many courts offer a self-help service, however often people find these services inconvenient, time consuming and, in the end, not much
help at all. Using the services of an experienced Registered Legal Document Assistant can not only streamline the process, but save you countless hours of trying to figure out the legal system and eliminate the
risk of having your paperwork rejected by the court.
All document preparation services are NOT the same! A People’s Choice offers a complete
service, from beginning to end. Don’t be fooled by services who, for a low fee, hand you a partially prepared package of documents and send you on your way. The divorce process, even in simple proceedings, is
much more complex than that. Our services include not only the preparation and filing of the required court documents, we also facilitate moving the case through it’s multistep court process, interface with the
party or parties during the various phases of the proceeding and schedule any required court hearings. In addition, our office offers a comprehensive self-help library which is available to all clients during
document preparation services performed in our office as well as a complimentary attorney-approved self-help booklet pertaining to your particular type of proceeding. To proceed with your document preparation,
click on the link below, or call us if you want to learn more about our services.
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