Thursday, January 23, 2020

Do It Yourself Divorce In California - How Do I Start?



DO-IT-YOURSELF DIVORCE IN CALIFORNIA:  HOW DO I START?


     If you are considering filing a Divorce without an attorney, the task may seem overwhelming.  You may be wondering, "Where do I start?"  Filing divorce in Pro Per is not for the faint of heart.  You Do-It-Yourself-ers have your work cut out for you!  Hopefully, this brief article will help get you started on your journey.  Start with these 4 steps...


1

#1⇒ DO YOUR RESEARCH


     Self-filers often cost themselves extra time and money by failing to do their research.  Before attempting to file for divorce on your own, make sure you know what’s involved.  There are rules and procedures that must be followed throughout the case.  Becoming familiar with these local rules, procedures, and laws will help your divorce case flow through the system more smoothly.   On the other hand, if you miss a deadline or file a document incorrectly, it could prolong. 

     Do yourself a favor and seek out qualified resources such as do-it-yourself books and guides online, in bookstores or libraries.  Another excellent source of information is your local courthouse and their website. Many courts have self-help centers with workshops to assist you in completing your court documents.  





#2⇒ SEEK COUNSEL


Even though you have decided to file your case on your own, it is wise to consult an attorney.  An experienced divorce attorney can advise you if you are a good candidate to file the case yourself.  The attorney may be able to spot potential pitfalls that you have not considered.  For instance, if you expect your spouse to oppose any aspect of the divorce, doing it on your own may not be in your best interest.

If money is an issue, you may qualify for legal aid.  Another option is to hire an attorney on an hourly basis to review your case. This is known as Limited Scope Representation.

#3⇒ GATHER YOUR LEGAL & FINANCIAL DOCUMENTS


Before you can complete your divorce petition and other court forms, you will need to have a lot of information on hand.   Don't skip this important step!  Collecting everything you need and keeping it all in one place will save you so much time in the long run.  

Divorce is emotional enough on its own.  Being organized is essential to helping you get through the process with the least amount of stress.  Listed below are 16 of the most common documents you will need to refer to while completing your court forms. 

LIST OF MOST COMMON DOCUMENTS YOU WILL NEED 

o   Marriage certificate
o   Birth certificates for each child
o   Most recent statements for all financial accounts such as checking & savings, retirement, investments, etc.
o   Life insurance policies
o   Business assets such as accounts receivable, partnership and/or other business interests
o   Employment information such as pay stubs, W2s, 1099s, etc.
o   Property information for all property owned: mortgage note, Deed of Trust, most recent mortgage statement, etc.
o   Most recent statements for all debts including credit cards, loans, student loans, taxes, etc.
o   Information on all vehicles owned including cars, boats, etc. such as loan or lease contracts or sales receipts.
o   Information on support arrangements such as court orders or stipulations.
o   Tax returns for the last 2 years
o   List of other assets and dates acquired such as jewelry, antiques, coin collections and art
o   List of all household assets and dates acquired such as furniture and appliances
o   Date of separation
o   Previous addresses and dates of residency for the last 5 years
o   Your current budget and expenses
  
  
FREE Download

FREE PDF CHECKLIST


We know that's a long list of documents, so we created a Checklist to help you out!  


  • Organize your documents
  • Check off the items as you collect them
  • Write in additional documents needed
  • There is even room to make notes.





⇚⇚⇚ DOWNLOAD HERE!



     

#4⇒ DOWNLOAD YOUR COURT FORMS

When you are ready to get started, go to http://www.courts.ca.gov.  There you will find the fillable forms and instructions.

Remember the old joke?  "How do you eat an elephant?"   Answer:  "One bite at a time."  Just keep that in mind as you go through these 4 steps.  Follow the steps, one-by-one.  Before you know it you will be organized and ready to file your initial paperwork.  For more tips on filing for divorce and related articles, visit our blog!

Still feeling overwhelmed?  Contact us with your questions.  Or if you would like us to prepare your paperwork for you Contact Us for a quote.

Happy filing!

Cherryl Rudy, AVBA
A Virtual Assistant 4 Hire, LDA#459

About the Author:  Dawn Felt has been assisting clients with their legal document preparation at A Virtual Assistant 4 Hire for over a decade. Specializing in Divorce & Family Law, Bankruptcy, and Real Estate Law, A is a registered, certified and Attorneys Best Choice is bonded Legal Document Assistant in Orange County, CA. 

Related links: http://www.courts.ca.gov/, https://www.avirtualassistant4hire.com 
Labels: filing for divorce in California, filing for divorce without an attorney, how do I file for divorce, how to start, Pro Se, Pro Per, self-filing, paralegal, legal document assistant


Friday, November 2, 2018

2018 Christmas Planner Free Printable

Friday, October 27, 2017

#1 Mistake to Avoid when Filing for Divorce without an Attorney







#1 MISTAKE TO AVOID WHEN FILING FOR DIVORCE WITHOUT AN ATTORNEY

IMAGINE THIS SCENARIO
You married your high school sweetheart, but the marriage didn’t work out as planned.  It happens. 
You and your spouse decide to call it quits.  The breakup is amicable, so you opt for a Do-It-Yourself Divorce.  You complete the divorce papers, sign on the dotted line, and file them with the court.  Done! 


FAST FORWARD 3 YEARS
You meet someone (“The One”).  You become engaged and set the date.  The wedding plans are going along smoothly.  Now it’s time to get the marriage license.  You head down to the courthouse with application in hand.  When you give the clerk your application, she checks her computer and says, “There’s just one problem…you are still married!”




Oops!  Beleive it or not, this happens quite often.  Ask any of the clerks down at the courthouse and they'll tell you that this is the most common mistake made by people filing for divorce without a lawyer.




THE MISSING PIECE

So, what went wrong?  Simply put - you didn’t ask your judge to end the marriage.

At the end of every case, the person who filed for divorce, (the petitioner) must file a few final forms with the court asking for a judgment of divorce.  These forms vary depending on each case.   Without this last step, the divorce is never finalized.






THE MORAL OF THE STORY
 As it turns out, Mom was right.  You've gotta do your homework!
SO, HOW DO YOU FILL OUT THE DIVORCE PAPERS YOURSELF?

There are so many resources out there to learn about filing for divorce without an attorney.  It's easy to become overwhelmed by it all.  We always recommend visiting your local court's website to start.  Most of the sites have a Self-Help section with lots of useful information.  Many courts also have Self-Help clinics to guide you through filling out your divorce papers.

You may find our article DO-IT-YOURSELF DIVORCE - How do I start? helpful for learning how to get started.



To prepare to file your initial divorce petition, you will need to gather together several documents.  We've put together a PDF Checklist of the 16 most important documents needed to complete your court forms.  DOWNLOAD YOUR FREE CHECKLIST HERE
CLICK HERE FOR YOUR FREE COPY
USE YOUR CHECKLIST TO:
  • Organize all your documents in one place
  • Check off your documents as you collect them
  • List additional papers you need for your particular situation
  • Write notes
OTHER LOW-COST ALTERNATIVES
Preparing your own divorce petition will save you money on attorney's fees but it is time-intensive.  Plan on spending a lot of time researching, learning how to complete the forms, and possibly attending Self-Help clinics.  

There are other ways to get the help you need and lower the cost of filing for divorce.  You may find our article, DIVORCE ON A BUDGET: 6 MONEY SAVING TIPS helpful.

One way to lower the cost of divorce is called Limited Scope Representation.  This is when you hire an attorney only for specific aspects of your case.  You pay the divorce attorney on an hourly basis.  For instance, you may hire the attorney to review your situation and advise you how to proceed, and/or prepare your divorce petition for you.  Perhaps you might complete the petition yourself, then hire an attorney to review it before filing it with the court.

Another choice is to hire a Legal Document Assistant or LDA to prepare your legal papers. Legal Document Assistants are experts in preparing and filing court documents.  They are Paralegals who are certified by the counties they serve to work directly with the public. Using an LDA to complete your divorce papers will be a fraction of the cost of hiring an attorney to prepare them.  Keep in mind that LDAs cannot give legal advice.  

If you are considering using a Legal Document Assistant, we'd be honored to give you a quote and answers your questions.  To find out more about our services, please visit our website at https://attorneysbestchoice.com or CONTACT US

MORE RESOURCES
I hope you found this article useful!  Visit our blog for other related articles you may enjoy, such as Can I File for Divorce without an Attorney? and 5 Simple Steps to Hiring the Perfect Paralegal

Related links: Orange County Family Law Court

Cherryl Rudy, AVBA
Attorneys Best Choice, LDA#459

About the Author:  Cherryl Rudy has been assisting clients with their legal document preparation at Attorneys Best Choice for over a decade. Specializing in Divorce & Family Law, Bankruptcy, and Real Estate Law, 

Attorneys Best Choice is a registered, certified and bonded Legal Document Assistant in Orange County, CA. 

Saturday, September 23, 2017

CAN I FILE FOR DIVORCE WITHOUT AN ATTORNEY?





CAN I FILE FOR DIVORCE WITHOUT AN ATTORNEY?

Here in California, the answer is “Yes”. California law does not require that you hire an attorney. But is filing without one the right choice for you?  In this article, we’ll go over 3 points to help you decide.                                                                 


• CONTESTED OR UNCONTESTED
Will your divorce be amicable? Do you and your spouse agree on all major issues?  If yes, you will most likely file an Uncontested Divorce.   However, if you disagree on the division of property and debt; child custody and visitation; or domestic support, you may want to hire an attorney to protect your interests.






• TIME
Filing without an attorney will save you money but it will cost you time. The courts have done a great job providing information on their websites. But let’s be realistic. You’ll need to do your homework. Be prepared to spend many hours learning the local rules and procedures on how to fill out and file your paperwork with the court.






• PAPERWORK
How are your clerical skills? Are you good at following instructions? Are you organized?Unless your divorce papers are filled out correctly, and deadlines are met, they may be rejected by the court. This could delay your case and incur extra costs to correct the errors.









• STILL UNDECIDED?


Consult a Divorce attorney. Most attorneys offer free consultations to assess your case.  They will help you decide whether or not you are a good candidate to file for divorce yourself.

if it’s the paperwork that has you worried you may consider hiring a Paralegal or Legal Document Assistant. They cannot give you legal advice but having an expert prepare your paperwork can save you valuable time and possible headaches.





TOOLS ⇰ FREE PDF

Whether you decide to file your divorce petition with or without a lawyer, you’ll need to gather several documents.  We've put together a list of the 16 most important documents you need to complete your divorce papers.  Grab your PRE-FILING DIVORCE CHECKLIST

USE THIS  Free Checklist to:

  • Get organized
  • Check off your documents as you collect them
  • Write in additional items needed for your case
  • Makes notes
• MORE RESOURCES

Our company, Attorneys Best Choice is a Legal Document Assistant located in Orange County, California.  We would love to answer your questions or give you a quote!  CONTACT US if we can be of service.

You may find these related articles useful: 5 Simple Steps to Hiring the Perfect Paralegal,
The California Quickie Divorce, Divorce on a Budget,

Related links: Orange County Family Law Court

Cherryl Rudy, AVBA
Attorneys Best Choice, LDA#459

About the author:  Cherryl Rudy has been preparing legal documents at Attorneys Best Choice since 2007.  Located in Orange County, California, Attorneys Best Choice is a certified Legal Document Assistant specializing in Divorce, Family Law, Bankruptcy and Real Estate Law.  Please visit us at www.AttorneysBestChoice.com to learn more about our Paralegals and services.



DIVORCE ON A BUDGET: 6 Money Saving Tips


DIVORCE ON A BUDGET: 6 Money Saving Tips



It’s unfortunate but true that filing for divorce is costly. There are a few ways to lower the costs whether you’re filing on your own (in Pro Per) or through an attorney. Here are 6 of those cost-cutting ideas.

1. BE PREPARED
Before attempting to complete your divorce papers or consulting with an attorney, know your situation. Gather together the documents you will need to accurately assess your finances, property ownership, legal guardianship, and other major issues. CLICK HERE to download our FREE Divorce Checklist to help you get organized.

2. CONSULT WITH AN ATTORNEY
Even if you decide to file in Pro Per, it may be wise to discuss your case with an attorney. What you don’t know can hurt you and potentially cost you more money in the long run. Most attorneys offer free consultations to help you determine if you need representation or not. Many areas offer free legal aid to those who qualify.

Another option is to hire an attorney to handle some aspects of the case while you handle others. This is called Limited Scope Representation.

3. COURT WEBSITE & SELF-HELP CLINICS

Check your local court website for information on filing requirements and rules. There is a wealth of information if you are willing to spend the time educating yourself. Additionally, some of the courts have self-help clinics to assist you in completing and filing your papers. Keep in mind that the clerks cannot give you legal advice. Also, what you save financially will cost you in time.

4. HIRE A PARALEGAL OR LEGAL DOCUMENT ASSISTANT (LDA)

If you choose to file in Pro Per, then hiring a qualified professional to complete your paperwork is a huge time-saver and ensures your paperwork will be completed accurately. Paralegals and LDAs cannot give you legal advice but if time is a concern or you are uncomfortable with paperwork, you may consider this option.

5. GET A LITTLE HELP FROM A FRIEND

A copy of your divorce papers must be personally delivered to your spouse after being filed with the court. There are services as well as sheriff’s departments that will do this for a fee. A friend or family member may be willing to serve the papers for you. Just be sure to check the local court rules to be sure the person is qualified.

6. FEE WAIVER

In some instances, the court will waive the filing fees. If you are low-income and cannot afford to pay the fee to file your court papers, you may ask the court for a "fee waiver.”
Although not all tips will work for everyone. Implementing one or two of them may help you cut the cost of filing for divorce.
CLICK HERE to download our FREE Divorce Checklist to help you get organized.


Cherryl Rudy, AVBA
Attorneys Best Choice Document Services. LDA#459


Related articles: Can I file Divorce without an Attorney,
The California Quickie Divorce,  Do It Yourself Divorce in California - How Do I Start?








The California Quickie Divorce: Do you Qualify?




The California Quickie Divorce:  Do You Qualify?
Did you know there is a quick and easy way to file for divorce in California?  It’s called Summary Dissolution.  If you meet the criteria, you can file your case with a minimum of paperwork without going to court.
Most Californians filing for divorce (officially Dissolution of Marriage) must file what is called a Regular Dissolution.  If you and your spouse meet all the following criteria, this easier option may work for you.
THE CRITERIA
  • You have been married for less than 5 years
  • Either of you has lived in California for the last 6 months
  • Either of you has lived in the county where you are filing for the last 3 months
  • You don’t have any children together born or adopted before or during the marriage and you are not pregnant now
  • You don’t own any part of land or buildings
  • You don’t rent any land or buildings (Exception:  where you now live, only if you do not have a 1-year lease or option to buy)
  • You don’t owe more than $6,000 for debts acquired since the date you got married
  • You don’t have less than $41,000 worth of property acquired during the marriage
  • You don’t have separate property worth more than $41,000
  • You agree that neither spouse will ever get spousal support
  • You have signed an agreement that divides your property (including your cars) and debts.
 You may file for Summary Dissolution with or without an attorney.  Many people who choose to file without an attorney seek the help of a paralegal or legal document assistant (LDA) to ensure their forms are completed correctly.  Paralegals and LDAs cannot give you legal advice so you may want to consult an attorney with any questions before filing.

Related articles: 5 Simple Steps to Approach When Hiring the Perfect Paralegal,
Do it Yourself Divorce in California - How Do I Start?Divorce on a Budget


Related links: Orange County Family Law Court
Cherryl Rudy, AVBA
Attorneys Best Choice, LDA#459