• Family Law


    Divorce

    Filing for divorce can be an overwhelming and emotional process to et through, but you do not have to go through it alone. United LDA is right by your side to ease you right through it. United LDA will assist you in completing and filing the required documents with the court for a fraction of the cost of hiring a lawyer.  We will help you obtain the final judgment usually 6 months after the forms are filed and served on the respondent.

    What Is A Divorce?

    Also known as “dissolution of marriage” or “dissolution of domestic partnership” ends your marriage.

    What is an Uncontested Divorce?

     If your spouse can agree on all of the issues you have an “uncontested case”. If your spouse fails to file a response, in other words, he or she “defaults”, your case can be completed as a default or uncontested case. In this type of case, you are giving your right to have any say in your divorce case because more than 30 days have passed since the petitioner (the person who files the first divorce or legal separation forms with the court) served the petition and summons, and the respondent (the other spouse) did not file a response and there is no written agreement.

    Uncontested Divorce Services Standard Fees
    With Children $729.99 + Court Fees
    Without Children $699.99 + Court Fees

    This information is for general use and is not intended as full and comprehensive instruction. This is intended as an information tool to assist you. For additional information, we recommend you seek legal advice. If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.

    Responding to Divorce on an Uncontested Case

    United LDA is right by your side to ease you right through a divorce process. With the help of an experienced document preparer at United LDA, we will prepare the response at your discretion for a fraction of the cost of hiring a lawyer.  Once you are served there are several options on how to approach the Petition and Summons.

    If you desire to file a response, you have 30 days from the date you were served with a Petition and Summons to respond.

    1. First, (Do Nothing, No Response) “True Default”- which means that whatever your spouse or domestic partner is asking for in the Petition will probably be granted. The judge will base his or her decision about the property, support, and custody, and visitation (if you have children together) only on what your spouse or domestic partner has requested in the Petition.
    • Second, (Do nothing) “Default with Written Agreement” -because you have a written notarized agreement with your spouse or domestic partner where you both agree to end your marriage or domestic partnership. And you agree about other things like the division of your property and your debt, spousal or partner support, and, if you have children together, child support and custody and visitation orders.
    • Third, (File a response AND written agreement) “Uncontested Case” A response is filed with the court but also reach an agreement with your spouse or domestic partner about all the issues.
    • Fourth, (File a response AND No written agreement) “Contested Case” Since you and your spouse or domestic partner do not have an agreement and will need the court to make decisions in your case.

    Working Out an Agreement with Your Spouse or Domestic Partner

    In the agreement, you can both agree to end your marriage or domestic partnership. You can also agree about:

    • Spousal support: Court-ordered support of a spouse or ex-spouse; sometimes also referred to as “maintenance” or “alimony.”
    • Child support: Money paid by a parent to help support a child or children.
    • Child custody and visitation orders, if you have children together.
    • Dividing property and debt.

    At United LDA, each response will be customized to fit each case and specific needs. Each and every divorce case is different and should be treated as such.  At United LDA, we have the necessary experience to draft a custom agreement.

    Responding to Divorce on an Uncontested Divorce Standard Fee $549.00 + Court Fees

    This information is for general use and is not intended as full and comprehensive instruction. This is intended as an information tool to assist you. For additional information, we recommend you seek legal advice. If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.

    Child Support

    What is child support? It is money paid by a parent to help support a child or children. Each parent is equally responsible for providing for the financial needs of his or her children.With the help of an experienced document preparer will assist you in the preparation for your child or children to obtain this support.

    When parents separate, a parent must ask the court to make an order establishing paternity and also ask the court to make an order for child support. Usually, child support payments are made until children turn 18 or 19. California has a statewide formula (called guideline) for figuring out how much child support should be paid. If the parents cannot agree on child support the judge will decide the amount based on the guideline calculation.

    Either parent can ask the judge to make a child support order as part of the following cases:

    Divorce, Legal Separation, or Annulment Establish Parental Relationship Domestic Violence Restraining Order Custody & Support of Minor Children
    For parents who are married or in a registered domestic partnership For unmarried parents For married or unmarried parents For parents who have signed a voluntary declaration of parentage or paternity OR are married, or registered domestic partners, and do not want to get legally separated or divorced.

    Contact us and an experience document prepared will assist you in the preparation of the support documents. We will ensure you that the preparation will be done correctly, efficiently, and professionally. We understand that every day that passes by without receiving support, can be a financial burden for you.

    Spousal Support:

    Court-ordered support of a spouse or ex-spouse; sometimes also referred to as “maintenance” or “alimony.” A spouse or domestic partner can ask the judge to make spousal or partner support order as part of the following cases:

           
        Oval: Domestic Violence Restraining Order
      Oval: Divorce, Legal Separation, or Annulment
     

    Spousal or partner support can be paid while the case is ongoing. Support can also be ordered once the divorce or legal separation becomes final, as part of the final divorce or separation judgment.  Once the case becomes final, it will be called “permanent” spousal support. Courts use a formula to calculate the amount.

    Contact us and an experienced document prepared will assist you in the preparation of the support documents. We will ensure you that the preparation will be done correctly, efficiently, and professionally. We understand that every day that passes by without receiving support, can be a financial burden for you.

    Support Standard Fees + Court Fees
    Child Support $549.99 + Court Fees
    Spousal Support $549.99 + Court Fees

    This information is for general use and is not intended as full and comprehensive instruction. This is intended as an information tool to assist you. For additional information, we recommend you seek legal advice. If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.

    Summary Dissolution

    The official word for divorce in California is “dissolution.” There are two ways to obtain a dissolution in California. The most common is a “regular dissolution.” A shorter and easier way is “summary dissolution” but not everyone can utilize this method. Briefly, a summary dissolution is possible for couples that generally meet the following criteria:

    • Have no children together
    • The date of marriage was less than five years (from the date of marriage to the date of separation)
    • Do not own much property
    • Do not owe many debts
    • Have no disagreements about how their belongings and their debts are going to be divided once they are no longer married

    With this procedure, a court appearance is not required.

    Legal Terminology

    Only qualifying parties can obtain a divorce through the summary dissolution procedure. To determine if you qualify for this process, a basic understanding of some legal terminology is required.

    A married couple is, in the eyes of the law, a single unit. There are certain things owned together rather than separately. There may also be certain debts owed together. If one spouse incurs debt the other spouse can be made to pay. Decisions must be made regarding the division of property and debts owned jointly. When marriage terminates, the parties become two separate individuals again.

    California acknowledges the community property law. Community property is a theory of law in which the husband and wife are treated as co-owners of property in a form similar to a partnership. All of the property owned by married couples in California can be classified as community property, separate property or quasi-community property. The California legislature has enacted statutes that govern how property and debts acquired during a marriage must be classified.

    Community Property: This has been defined by the California legislature as “all property, real or personal, wherever situated, acquired by a married person during a marriage while domiciled in this state.” In other words, each spouse owns a one-half interest in all property acquired from the date of their marriage to the date of their separation. In most cases that includes:

    • Money that you now have which either of you earned during the time you lived together as husband and wife.
    • Anything either of you bought with money earned during that period.

    This holds true unless the item of property meets the definition of separate property. Sometimes, during a marriage, one spouse will produce a majority of the couple’s income. It is important to note that such income and all of the property acquired with this income is community property.

    NOTE: Any income produced during marriage not originating from separate property, as it is defined below, is community property. In other words, unless the item of property (including real estate) can be traced back to a separate property source, a one-half ownership interest exists.

    Separate Property: This is any property that has been acquired by either spouse prior to marriage, after a permanent separation, or during the marriage by gift or inheritance. Any rents or profits that an item of separate property produces are also separate property. For example, if someone has left you an item of property in his or her will it is considered separate property and will not be split with your spouse upon dissolution. In most cases, separate property includes:

    • Anything owned before marriage.
    • Anything earned or received after separation.
    • Anything that either party received as a gift or by inheritance, at any- time

    Quasi-community Property: This is essentially the same as community property. Quasi- community property is a concept that was developed to deal with property that has been acquired by a couple while living outside of California. Basically, the rule states that if the property would qualify as community property if the person were living in California at the time it was acquired, it will be treated as community property in a dissolution proceeding. For property located outside of California to be considered community property, both spouses must be California residents when the dissolution action is filed with the court. Therefore, the state where a married couple was living when the property was acquired is irrelevant. If the parties are living in California at the time of dissolution California’s community property laws will apply. Real estate located outside of the state presents a more difficult jurisdictional problem and should be discussed with an attorney.

    Community Obligations/Debts: These are debts that a husband and wife incurred during the period of marriage whether or not the debt is in the name of one or both parties.

    Do You Qualify to File A Summary Dissolution?

    With an understanding of these legal terms you can determine if you are eligible to file a summary dissolution. Marriage may be terminated through the summary dissolution process only if ALL of the following statements are true at the time the Joint Petition for Dissolution is filed. If even one of these statements in not true for you, you cannot use this procedure to obtain a dissolution.

    1. Both parties have read the Summary Dissolution Information booklet and understand it.
    2. Both parties are willing to use the summary dissolution process rather than the regular dissolution procedure.
    3. The length of the marriage is less than five years (from the date of marriage to the date of separation).
    4. No children were born before or during the marriage.
    5. The wife is not currently pregnant.
    6. Neither party owns real property.
    7. Community property is minimal (exclusive of automobile values), see Form FL- 810 for the current limit.
    8. Separate property value is minimal (see Form FL-810 for the current limit).
    9. Community debt is minimal (see Form FL-810 for the current limit).
    10. At least one party has lived in California for the past six months and in the county of filing for the past three months.
    11. Both parties are willing to complete the worksheets which state how possessions and debts are to be divided.

    Important Differences Between Summary Dissolution And Regular Dissolution

    In a summary dissolution, both parties give up certain legal rights that they may otherwise have if they had used the regular dissolution procedure. In a regular dissolution, a court hearing or trial may be held and if either spouse is unhappy with the court’s final decision it is possible to challenge this decision. In a summary dissolution, there is no trial or hearing. Couples who choose this method of obtaining a divorce forgo the right to ask for a new trial and the right to appeal their case to a higher court. There are, however, some cases in which divorce agreements under a summary dissolution can be challenged. The court may have the power to set aside the summary dissolution if:

    • A party was treated unfairly in the settlement agreement.
    • A party entered the dissolution procedure against their will.
    • The original agreement contains significant inaccuracies.

    Unlike a regular dissolution proceeding either party can revoke (stop) a summary dissolution proceeding during the six-month waiting period without the other party’s consent by filing a Notice of Revocation of Summary Dissolution Petition. If this happens and one of the parties still wants to obtain a divorce that party will have to file a regular dissolution proceeding and start over.

    Summary Dissolution Standard Fee $549.99 + Court Fees

    This information is for general use and is not intended as full and comprehensive instruction. This is intended as an information tool to assist you. For additional information, we recommend you seek legal advice. If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.

    Marital Settlement Agreement

    A very simple Marital Settlement Agreement should contain at least five elements:

    1. A Preliminary Statement which identifies the husband and wife, states that the marriage is being ended and that both husband and wife agree on the details specified in the agreement.
    2. A Division of Community Property Statement as to how the community property assets are being divided – specifically what each of the parties are to receive.
    3. A Division of Community Obligations Statement as to how the debts of the parties are to be paid – specifically the amount that each of the parties must pay and to whom.
    4. A Waiver of Spousal Support stating that each spouse gives up all rights of financial support from the other (a requirement in a summary dissolution proceeding).
    5. Dated with signatures of both the petitioners.
    Marital Settlement Agreement Standard Fee $549.99 + Court Fees

    This information is for general use and is not intended as full and comprehensive instruction. This is intended as an information tool to assist you. For additional information, we recommend you seek legal advice. If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.

    DV Restraining Order

    What is a Domestic Violence Restraining Order?

    A Domestic Violence Restraining Order is when a person is asking the court for protection.

    What are the Orders the Court Can Make?

    The court may make several orders based on your REQUEST FOR ORDER (Domestic Violence Prevention). Such as, a Personal Conduct Order which prohibits the perpetrator from harassing, attacking, striking, threatening, assaulting, hitting, following, stalking, molesting, destroying personal property, disturbing the peace, keeping you under surveillance, or blocking your movements. The perpetrator can be ordered to have neither direct nor indirect contact with you, by telephone, messages, mail or e-mail and the court may prohibit third-party contacts.

    The court can make Stay-Away Orders in that the perpetrator must stay as much as 100 yards from you, your family, home, job, children’s school or daycare, your car, and other Stay-Away Orders deemed necessary. The court can order a person to move out of the residence and not return.

    The protected person may ask the court for the right to record communications, have temporary use of property, property restraint, attorney fees, and costs, 52- week batterers program and to have the perpetrator turn in all guns or firearms to police or a gun dealer. The court can make orders regarding child custody, visitation, child support, and spousal support.

    Types of Abuse in Relationships

    The three main types of abuse found in relationships are physical, emotional and sexual abuse. These are examples of the kinds of behavior that accompany the various types of abuse.

    PHYSICALLY ABUSED EMOTIONALLY ABUSED SEXUALLY ABUSED
    Pushes or shoves you, slaps or hits you, pulls your hair, kicks or punches you, restrains you with force, throws objects at you, abandons you in a dangerous place, chokes you. Ignores your feelings, makes all decisions for you, withholds approval, appreciation or affection as punishment, continually criticizes you, calls you names and shouts at you, wants to control all your actions, humiliates you in public or private, ridicules your most valued beliefs, your religion, race or heritage, manipulates you with lies and contradictions, subjects you to reckless driving Makes demeaning remarks about your gender calls you sexual names, forces you to take off your clothing, touches you in ways that make you feel uncomfortable, forces you to have sex against your will, treats you and members of your gender as objects, insists you dress in a more sexual way than you want to dress, insists you dress less sexually, minimizes the importance of your feelings about sex, accuses you of sexual activity with others  

    Contact us and an experienced document prepared will assist you in the preparation of the DV restraining order. We will ensure you that the preparation will be done correctly, efficiently, and professionally. We understand that every day that passes by without the DV, can be wounding for you.

    DV Order Standard Fee $399.00 + Court Fees

    This information is for general use and is not intended as full and comprehensive instruction. This is intended as an information tool to assist you. For additional information, we recommend you seek legal advice. If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.