A Legal Document Assistant helps prepare forms and other documents necessary to filing your case with the court. A Legal Document Assistant is not a lawyer and cannot give legal advice. I'm fortunate to have several very reputable and effective attorneys who are happy to carry forward a case if that becomes necessary or consult as we move forward on your case together.
However, a good LDA can help you save a lot of money by getting the paperwork right. Most (not all) divorces are fairly straightforward and involve standard issues of child custody, visitation, support and property division. The documents necessary to any California divorce are these:
Summons
Petition (or Response) (and attachments for custody/visitation and property)
Declaration Under UCCJEA (if children are involved)
Declaration of Disclosure
Income and Expense Declaration
Schedule of Assets and Debts
Declaration re: Service of Declaration of Disclosure
Proof of Service of Summons (or Proof of Service for the Response)
I help prepare all those documents in the Beginning Dissolution Package offered for $850.00 (or $800 if no children). This same amount of work would likely cost you over two thousand dollars with an attorney's office. While there are less expensive "digital" services, they don't help you with your questions or fill out paperwork for you.
What happens after that? Serve the documents on the other spouse and wait for at least thirty (30) days. Then it can go one of three ways - like Let's Make A Deal - door number one, door number two and door number three. Remember, there's always a booby prize in there somewhere!
True Default: The other party doesn't file a Response. You can then take Default without their participation and move forward with obtaining a Judgment. That's the other half of the divorce. Of course, there are some other forms which must be prepared and filed with court before Judgment is entered.
Default With Agreement (MSA or Stipulated Judgment) The other party doesn't have to formally respond but the two of you want to work together and agree on what should be contained in the Judgment. This option also allows both parties to never have to see the inside of the courthouse. Collaborative divorce is a popular and much more cost effective option. I have several attorneys who can help with Mediation if both spouses can't quite work everything out on their own and need a little help reaching a fair and mutually acceptable agreement.
Litigation: The other spouse files a Response and wants to fight about things. This is the booby prize option. More expensive, more time consuming and a lot more enmity. If there are children, this is often the most damaging process for them. We always hope to avoid this option, but if this becomes necessary, I'll help you get an attorney to represent you in court, consult with advice, or I can help with litigation support if you want to represent yourself. Even if this ends up being the way your divorce goes, you'll have saved thousands of dollars by having the first half of litigation already prepared, filed and served. My hourly rates for litigation support are $150.00.
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