Questions To Ask A Santa Clarita Divorce Attorney

Questions To Ask A Santa Clarita Divorce Attorney

I came across this great list of questions you can ask your divorce attorney when you are getting ready for an initial divorce consultation with an attorney.  So this article will mostly be a list of questions you can use to help get you to find the right Santa Clarita divorce attorney. So without furher delay, here is a list of questions you can ask your potential divorce attorney.

  • How long have you been doing family law?
  • How long have you been in practice?
  • Do you specialize in family law?
  • How many family law cases have you completed?
  • Will I be working with you or an Associate Attorney?
  • How do the charges work?
  • How often do your cases go to trial?
  • Do encourage mediation?
  • Are yo a certified family law specialist?
  • Are you familiar with the court we will be in?
  • Are you familiar with the Judge in this case?
  • Do you have a good relationship with other attorneys in the community?
  • Have you worked with my spouses lawyer?
  • What would other divorce attorneys say about you?
  • What do you think the outcome of this case will be?
  • What do you estimate to be the total cost of my case?
  • Will you accept my input about decisions such as when to file motions?
  • Have you ever been disciplines by the state bar?

Again this was just a partial list of good questions I have found to give you a baseline of information about the attorney you are meeting with.  Of course, you will want to ask questions that are specific to your case and get specific answers. It is always a good idea to write down your questions on a note pad prior to walking in.  You are paying for the time and you don’t want to leave having forgot to ask something or sit there trying to remember what you wanted to ask.

How To Interview A Santa Clarita Divorce Attorney

How To Interview A Santa Clarita Divorce Attorney

Let’s get this straight. I am no expert interviewer.  I just wanted to tell you about some common sense things about interviewing a divorce attorney that may help.

Meet In Person

You probably want to meet face to face with an attorney when getting a consultation.  A phone call simply does not do the trick when it comes to asking questions of someone you may have represent you in court.  Plus, don’t you want to look them in the eye and see the person who will possibly be showing up to court to represent you?

Remember, that it is not just you who is interviewing the attorney.  Many attorneys also want to make sure your case will be a good fit for their firm.  That’s right.  While some attorneys will take any case they can get their hands on, the better attorneys, and  therefore the busier law firms, want to make sure your case will fit within their framework and will be a good fit for them.

To Pay Or Not To Pay For A Divorce Consultation

That is the question.  There are plenty of divorce attorneys in Santa Clarita that will give you a free 1/2 hour consultation.  There are also ways to get a free consultation by using an attorney referral service such as the Los Angeles County Bar Association or San Fernando Valley Bar Association.  But is a free divorce consultation really in your best interest?

Here is my take on it.  You get what you pay for.  That was pretty deep, huh?  Okay, but here is some truth.  If you go to a free consultation with an attorney, do you think you are going to get legal advice or a sales pitch?  Attorneys know that they will have to sell themselves during this 30 minutes conversation with you.  Is that what you want?  Or do you want to get some answers to some of your legal questions?

I am not saying that you won’t get any legal advice during your free consultation, but expect a portion to be about them and how wonderful they are.  If you are paying for that hour, you are paying for legal advice all the way through.  Just food for thought.

Conflicts Of Interest 

Don’t be surprised if you call an attorney and they tell you they can’t work with you.  Conflicts of interest will keep a lawyer from being able to not only meet with you but prevent them from representing you.

If your spouse consulted with the attorney already, you can pretty much count on them telling you that they can not help you.  Don’t get your feelings hurt, they are just following the rules.  Attorneys will not normally advise you of the reason, but can you think of another reason an attorney would not want to meet with you?  They don’t want to be the ones to tell you that your spouse was just here…

Use your gut and instincts about the lawyer you interview.  If is does not feel right, then it probably isn’t.  You can read more about how to find the right Santa Clarita Divorce Attorney here.

We are a licesned and bonded legal document preparation service that specializes in divorce.  Please call us for more information about our affordable divorce assistance.

How To Find The Right Santa Clarita Divorce Lawyer

While we encourage those to represent themselves during their divorce and go through an amicable uncontested divorce in Santa Clarita, there may be times when you absolutely must hire an attorney.

If you spouse goes out and hires an attorney to represent them for their divorce, it leaves you with little option.  However, just because you need to hire and attorney to represent you duirng your divorce, does not mean that you need to get a pit bull lawyer.  Even when you are looking for an attorney, you should take the high road during your divorce.

When you hire and attorney, you should look for someone who will not only represent your best interests aggressivly, but who is also able to work hard to settle the case as well to try and keep it from going to court.

When looking for a laywer, try the following:

  • Try to find a lawyer who will represent your interests. Whether your intention to be to try an settle or to battle it out in court
  • Ask friends and family who have been divorced and ask for a referral.  Ask what they liked and did not like
  • You should consult with more than one attorney to see who you mesh best with
  • Check the Los Angleles County Bar Websites for complaints
  • Call an attorney referral service for a referral to a divorce attorney in your town
  • Check review websites such as Google and Yelp
  • A personal referral is probably best, but there is always the good old Google search if your in a pinch.

Possible Warning Signs:

  • The attorney tells you that you can get whatever you want if you just fight hard enough
  • An attorney with a bad reputation in the community
  • An attorney that is a general practitioner and does not specialize in family law
  • Complaints on his or her record

We will be the last people to tell someone not to get legal advice.  In fact when working with our clients, whenever the conversation and questions start to run into legal questions we will inform them that in order to make an informed decision it would be best to get a consultation with an attorney to answer their questions.

By using our legal document preparation service and consulting a divorce attorney when you have a legal question, you can get both legal advice and a cost effective way of getting through your divorce.

What Is A Contested Divorce | Santa Clarita

What Is A Contested Divorce | Santa Clarita

I am a licensed and bonded legal document preparation service that specializes in the divorce process.  So why would I be writing about the issues of a contested divorce?

The answer is so that you can see the negative impacts of a contested divorce and show you the benefits of working toward an uncontested divorce.

In short, a contested divorce is where you and your spouse cannot come to an agreement on any or all of the issues surrounding your divorce.  So you decide to hire lawyers and let them spend your money trying to convince a judge that you are right.  All the while your spouse is doing exactly the same thing.  In the end, you let some unknown person, called a Judge, make decisions for you.  Sound good?

Maybe if I share with you the ugly of contested divorces, it will convince you to take a little more time in trying to work things out on your own with your spouse before going to battle in the court room.

Personally, I feel that hiring attorneys and going to court is a complete waste of time and money and not to mention the mental anguish a contested divorce brings with it.  And lets not forget to mention how this will effect our children.

That said, I understand that emotions can get so high in the divorce process that spouses want to fight or perhaps one of the spouses is just being unfair and there is no other way to avoid going to court.  If both spouses are completely convinced that they are right over a particular issue, there is no other option but to have a judge decide.

There are other times where it will be out of your hands and you have to go to court.  Such as when a spouse is hiding assets, lying about their worth or perhaps own a business that money is not well documented.

But before you rush off and decide that going to trial is your last resort, you should do some soul searching and make sure it is worth it.  Not just in the sense of money, but what it will do to your well being and your family in long run.  This is especially true if you have children.

We will discuss the issues of a contested divorce in more detail in future articles.

We specialize in preparing unconsted divorce cases.  Even where you don’t totally agree, we can help you navigate the court system.

How To Finalize Your Santa Clarita Uncontested Divorce

How To Finalize Your Santa Clarita Uncontested Divorce

If you are wondering how to finalize your Santa Clarita uncontested divorce, that means that you have filed for divorce, submitted and completed all the require forms, served them correctly and have negotiated the terms of your divorce with your spouse.

Now comes the hard part.  You see, with the California Courts, up to this point in your uncontested divorce, nobody has reviewed any of the divorce forms you have filed with the court.  It is not up to the filing clerk to review your divorce paperwork for accuracy.  In fact they are advised against giving any legal advice or how to prepare your forms at all.  It is just their job to file the form.

The issue that this creates is that you get a false sense of security.  They allow you to believe that you have done everything right up to this point.

Unfortunately, only when you finalize your divorce paperwork and submit it for review, is the first time anyone is checking to make sure you did things right.

There are two major issues that arise here.  First, completing the final divorce paperwork can be some of the most challenging to complete.  Forget to mark just one box and the Court will quickly reject your judgment and send it back to you.  Mess is up more than once and you can expect them to set a hearing to have you appear and explain.

The second issue is that this is the first time all your paperwork is being reviewed.  So not only are they looking at your final divorce paperwork, but  they are also reviewing all the divorce forms you submitted along the way.

Of court we recommend using our professional divorce service to prepare your divorce documents.  But if you are going it alone, make sure to read and watch our video on how to prepare the final judgment divorce forms.

How To Work Towards Divorce Agreement | Santa Clarita

How To Work Towards Divorce Agreement | Santa Clarita

Just because you are filing an uncontested divorce, does not mean that negotiating the terms of the final divorce judgment will be easy.  As you are probably aware, just because your divorce is uncontested, does not mean you agree to every detail surrounding the terms of your divorce.

To come to a divorce agreement, you are going to have to site down and figure out what the issues are and then negotiate the terms of the divorce.  It won’t be easy, but spending the time at the kitchen table hashing out the remaining issues will be time well spent.

There are a couple of ways it has been recommend you can work towards your divorce agreement.

Face to Face Negotiation With Your Spouse

As I mentioned above, it may be as much as just sitting down at the kitchen table to determine what the issues are that need to be figured out and then work towards resolving them.  This will be one of the most cost effective and meaningful ways to get through the divorce issues.  It is also one which will bear the least amount of emotional stress.

It is not as easy at it may seem at first, dealing with emotional issues with a person you are trying to separate from.

Use A Friend Or Family Member To Help You Negotiate 

Have a friend or family member you both trust and could rely on to help you negotiate the terms of your divorce?  If so, this might be good alternative to a face to face negotiation alone.  Again, this would be another option that would probably not cost you much, if anything, to do.

Having this buffer present may be just what you need.  They could even be the one who writes down what you two agree to.  Sort of a neutral third party you could go back to if you had questions about what you actually agreed to.

The time spent attempting to work towards a divorce agreement on your own, might be some of the most difficult things you will have to do, but in the end will be a decision that leaves you in a better financial situation, having not spent countless thousands of dollars on attorney fees.

When going through the divorce process, consider using our licensed and bonded legal document preparation service.  We have the experience it takes to get your paperwork completed correctly.  And because we have worked at the family law courts, self help centers and family law firms, we can help guide you through the divorce process when you have questions.

Preparing And Filing Divorce Papers In Santa Clarita

Preparing And Filing Divorce Papers In Santa Clarita

When it comes to an uncontested divorce, much of what has to be done is paperwork.  Lots and lots of paperwork.  Of course, there is still the fact that you and your spouse have to come to agreements on things such as property and the like.

So it becomes a matter of finding out what paperwork you need to file, completing it correctly, making sure you file and serve it properly and then complete the final divorce paperwork so you can get your divorce signed off by the judge.  Whew, that was a mouthful.  If only it was that easy.

As a licensed and bonded legal document assistant that specializes in the divorce process, I know how tricky the paperwork can be to complete.  The courts are continually adding new forms with no instruction on how to complete them and expect you to be able to figure it out.

You have to think if you really have the time to sit down and attempt to figure out all the divorce forms, how to fill them out and get through the entire process.

The folks who use my service decided at some point that they just did not want to have to deal with attempting to figure out the divorce process and paperwork.  Either they just did not have the time due to work, etc., or they got hung up at some point and realized that they have spent way too much time and still are not close to completing the divorce paperwork.

Even with all the self help books that are out there, they just don’t go over how to prepare the divorce forms.  Even if they did, the forms change and every court has it’s own local forms that self help books are not aware of.

We prepare and file divorce papers as a profession.  Don’t get caught up attempting the divorce process alone. Give us a call and get some professional help preparing and filing your divorce papers.

I Want To Divorce But Can’t Find My Spouse | Santa Clarita

You might be surprised to learn that there are occasions where this occurs.  But don’t be, it does happen and there are times where married couples drift apart without every getting a divorce.

Whether it be because they were young when they married and just grew apart or that trip to Las Vegas, the next day waking up to find that they were married.

There is really never a problem until you start thinking of re-marrying and are forced to have to deal with getting divorced first.

If several years have gone by it may be very difficult to locate your spouse.  But you are going to have to look, because you have to give notice to them one way or another that you have filed for divorce.

The California Courts require you to make a sincere effort to locate your missing spouse before you can ask the court for a default judgment.  In fact, if you have no idea at all after an all hands search, you might have to petition the court to file a “service by publication.”  Service by publication means that you put an ad in the newspaper in an attempt to advise your spouse your filing for divorce.  This can be a lengthy process and is therefore advised that you first try hard to locate your spouse by any and all means possible.

You should attempt to do the following things to locate your missing spouse so you can get divorced.

  • Try to locate the last known address
  • Go to the last known address and ask about your spouse.  Try to find where they moved to
  • Ask all friends, employers, neighbors, relatives and anyone else who may have known them
  • Check with the local assessors office
  • Search the Internet including using social media websites such as Facebook and LinkedIn.
  • Use a private investigator or other service to locate them

If you are not able to locate your spouse through one of the above methods, make sure to keep a detailed record of your attempts to locate them.  Keep a log of everyone you spoke to and all the things you did to attempt to find them.  You will need to prove to the court that you made a diligent effort to locate them.

We are a licensed and bonded legal document preparation service that specializes in the divorce process.  Please give us a call to discuss the particulars of your case.

What Are The Basics Of An Uncontested Divorce In Santa Clarita

What Are The Basics Of An Uncontested Divorce In Santa Clarita

The term uncontested divorce can have several meanings depending on how it is used.  Generally, if you have to go to court to have a judge make decisions about your divorce, it is considered a contested divorce.  So any thing other than going to court could be considered uncontested using this definition.

An uncontested divorce does not mean that you agree to all the terms of your divorce.  It just means that you and your spouse are going to determine the terms of your divorce.  Even if you have an attorney or go to mediation, you still are considered to have an uncontested divorce.

In this video we discuss a bit more about the forms related to filing an uncontested divorce judgment.

Getting divorced is generally about completing all the paperwork and making decisions about the terms of your divorce.  Legal advice may be necessary so the parties are informed of their legal rights so they can make informed decisions.

Uncontested divorces make up a large percentage of the cases that go through the court system.

When you file an uncontested divorce case in California, there will be three basic steps.

First, is to file the initial divorce papers to get the case started and a case number issued.  These initial divorce papers are then served on the other party.  Then, in most cases, both spouses will have to prepare and serve their financial disclosures.

Second, is to sit down with your spouse and determine how you are going to split up your assets, debts and property among you.  You will also come to an agreement on any other terms to the divorce such as child support, spousal support.

Lastly, you will need to complete and file the final divorce papers, known as the judgment paperwork.  Once it has been reviewed by a judge the divorce will become official once he or she signs off on it.

Going through the divorce process in this matter is generally how you can expect to get through your divorce.  It does not really work if you try to do things out of order.  Not to mention, the court requires you to take certain steps in a particular order.

If you would like to have your uncontested divorce paperwork completed professionally, please give us a call so we can discuss the particulars of your case.

 

What Financial Documents Do I Need For My Santa Clarita Divorce

What Financial Documents Do I Need For My Santa Clarita Divorce

Gathering financial documents for your divorce will probably not be on the top 10 fun things to do.  How do I know this?  Because this is where the divorce process inevitably slows down and I have to follow up with my clients to make sure they are on top of it.

Essentially, you will need to compile a list of all your financial documents (assets and debts ) that you obtained before you were married, durring marriage and after separation.  As part of the mandatory financial disclosure process, you will have to supply copies of your most recent statements and other financial documents to the other party.

It is a good Idea to list your assets and debts based on what is community property and what is separate property.  When it comes time to complete your financial disclosures, you will need copies of the following Assets and debts.  Generally, just your most recent statement will suffice.

ASSETS:

  1. Checking and saving accounts
  2. CD’s
  3. Real Estate Deeds
  4. Stocks
  5. Bonds
  6. Mutual Funds
  7. Stock Options
  8. Vehicle information
  9. Household Furniture
  10. Life Insurance Policies
  11. Tax Refunds

DEBTS:

  1. Mortgage
  2. Lines of Credit
  3. Credit Cards
  4. Vehicle Loans
  5. Student Loand
  6. And any other debts

If you are wondering what all is involved in completing your financial disclosures, you can read the article and watch the video on how to complete the schedule of assets and debts and how to complete the income and expense declaration.

For many folks who are going through an uncontested divorce it may seem unecessary as sometimes the accounts and financial statements are almost identical if not exactly the same for both spouses.  However, this disclosure process is essential if you want to have your divorce finalized.

Once both parties have completed ther process of the finanical disclosure, you can move on to preparing the judgment which essentially divides up the assets and debts.

For more information on the financial dislosure process during divorce please give us a call or visit ou