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Divorce Papers

Is it possible to get a divorce without hiring an attorney?

Though lawyers would like you to think differently, it is possible to file for divorce on your own and be successfully granted a divorce without the help of a lawyer. However, a do-it-yourself (DIY) divorce does not work in all situations. You are probably a good candidate for a DIY divorce if:

  • Both you and your spouse are in agreement on all potential issues including the division of property, custody of children and any spousal or child support
  • You know that you have all information about shared assets and debts, and they are not complicated

Just because you are getting a divorce does not mean that it has to be messy. Many couples are able to come to an agreement quickly without the need for a lawyer. If you are unable to agree on some issues, consider consulting a neutral mediator. Many spouses can peacefully divide their assets by themselves or with the help of a mediator, rather than a lawyer. Lawyers are needed in divorce proceedings when spouses need assurance that they are receiving a fair division of the assets or when the spouses cannot decide on custody of the children.

Those who can decide these important issues on their own will save themselves a lot of money and time. Once the big decisions have been made, you need to file your legal divorce papers and obtain a written divorce judgment from the court. You do not need a lawyer to file legal divorce papers for you. Rather, you can file them yourself and save a lot of money! However, a legal separation document and other divorce papers must be filled out correctly to be accepted by the court. If a court does not accept your legal documents, it can cause the divorce proceedings to drag on for much longer than necessary.

Often, individuals do not have the money or desire to hire a lawyer to get a divorce. Rather than opting for “do it yourself” software or books that can be outdated and not help you correctly complete complicated documents, hire a Legal Document Assistant. The professional and highly experienced team at I & E Solutions will ensure that your divorce documents are properly completed and filed.

How does a divorce proceed in California?

Because each state has different laws about divorce, it is important to understand them in your particular state. In California, for example, there are three ways the law can terminate a marriage, including:

  • Dissolution – This will legally end the marriage at the conclusion of the proceeding
  • Nullity – This declares that the marriage never existed
  • Legal Separation - This resolves the issues of the marriage, including a division of property, but both parties remain legally married. This allows them to retain benefits that are only available to married persons, including benefits like keeping the spouse’s medical insurance

California is considered a “no-fault” divorce state, meaning that there are no “grounds for divorce.” During the divorce, the division of property is not influenced by the reasons for the divorce, such as infidelity. In California, the grounds to obtain a divorce are irreconcilable differences or legal incapacity to make decisions. Almost all divorces in the state of California are based on the grounds of irreconcilable differences.

To finalize the divorce, you must obtain a court judgment. This judgment of Dissolution or Legal Separation can be requested no earlier than 31 days after the other party was served with divorce papers. A divorce will also proceed whether or not both parties want it to. If one spouse claims that there are irreconcilable differences and the other spouse disagrees with them, a divorce will still be granted by the court.

Because of the varying aspects of a divorce, including the desire by one party for the divorce and not the other, there are three ways to obtain a final judgment:

  • True default - When the other party does not file a response and no formal agreement has been signed, the division of community property and debt, child custody, spousal support and child support must still be addressed. It is done so unilaterally, ensuring that a fair and equitable resolution is presented to the court for approval
  • Uncontested default - When the parties are able to reach an agreement by resolving all issues of their marriage, they will sign a Settlement Agreement which addresses issues of child custody, division of assets, spousal and/or child support. The Settlement Agreement is then submitted to the court for ratification and approval
  • Contested - When the parties are unable to reach an agreement and a Response has been filed by the other party, it is necessary for the court to rule regarding the disputed issues through separate hearings and/or a trial

The majority of California divorces are settled by uncontested default. When you and your spouse are able to decide the important issues on your own, the rest is just paper work. Let the experts at I & E Solutions help you with the tricky and confusing legal divorce papers. We will create documents that will not be rejected by the court, and that will get you your divorce.

What is the difference between an annulment and divorce?

Though both an annulment and a divorce are court procedures that legally dissolve a marriage, they are not the same. Divorce recognizes that the marriage existed, even if it was for only a short time. An annulment, on the other hand, treats the marriage as if it never happened.

How can a legal document preparation service help me with my divorce?

I & E Solutions is proud to offer assistance to individuals in uncontested legal matters by properly and quickly preparing their documents. We offer the aid of registered and bonded Legal Document Assistants that always prepare documents in accordance with all current court rules. Along with offering legal separation document preparation services, I & E Solutions also offers comprehensive document preparation services that encompass a wide range of legal areas including business and family law. We are also happy to file and notarize documents as applicable.

Take advantage of our extensive document preparation services and receive documents that are prepared correctly and quickly. Instead of hiring an attorney or spending hours incorrectly preparing legal documents yourself, trust the expert document preparers at I & E Solutions.

 

We are not attorneys. We can only provide self-help services at your direction. Services are provided at customer's request and are not a substitute for advice of a lawyer.
I & E Solutions is owned and operated by a Registered and Bonded Legal Document Assistant.

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