Being served with California divorce papers can put most people in a panic. Maybe you already knew your marriage was headed for the rocks, or maybe you thought everything was fine. Either way, it's an unpleasant experience. If this has happened to you this article will help you get up to speed fast.The first thing you need to know is that you only have 30 days to respond if you want to participate in the divorce, unless you can reason with your spouse and get him or her to agree in writing differently.When you are served with California divorce papers, what you receive are two official documents: the Summons (California divorce form FL-110) and a copy of the Petition (California divorce form FL-100).At this point, you have two possible courses of action:1) If you and your spouse have already agreed to an uncontested divorce, or if you just don't care, you can do nothing. In this case, as stated on Form FL-110, the court will act on the Petition filed by your spouse. The court will make orders affecting your marriage or domestic partnership, property, and children. This is a default divorce case.You should only do a default divorce if you have little property or debts, no children, and no need for spousal or partner support.According to California family law, Section 2335.5, if the Judgment is to be entered by default, your spouse, as the Petitioner, will have to provide the court clerk with a stamped envelope addressed to you so the clerk can send you a copy of the request to enter the default.2) If you care what happens in your divorce you must file a Response (Form FL-120, or FL-123 for a domestic partnership). If you file a Response, you either have to complete your divorce by a written agreement between you and your spouse (a Settlement Agreement, which becomes your Judgment), or by taking your case to court and letting a judge (who knows nothing about you) decide the issues you can't settle.I hope it is obvious to you that it's in your best interest to do everything you can to work out a Settlement Agreement if you file a Response, even if talking with your spouse is the last thing you want to do. Once you've filed your California divorce papers, it comes down to either working things out between you or facing a potentially very expensive court battle.The Response (FL-120 or FL-123)By filing this form, you let everyone know that you have officially joined the case. Depending on how you fill it out, it might also give notice that you want some separate property confirmed to you, or have a different view of the basic facts or the ultimate outcome.Once the Response is filed and served, you and the Petitioner are exact equals in the legal proceedings and have equal ability to go ahead with any legal procedure.As noted above, once you are served with the Petition, you have 30 days to file your Response. However, if Petitioner sends you a letter stating that you can have a specific amount of extra time, or better, that he/she will not proceed in the case without giving you 30 days' written notice to respond, then you can put off filing the Response and concentrate on getting an agreement worked out. This is the best scenario.Before filing your Response, study the California divorce papers you received. Pay attention to the restraining orders on the 2nd page of the Summons and check every fact stated on the Petition. You get to state your version of the facts in your Response.You will need to prepare the original and three copies of your California divorce papers.
Friday, April 13, 2012
California Divorce Papers - What to Do If You've Been Served
Divorce Papers Free Divorce Papers and Free Forms
Approximately 78% of adults in the US have been married at least once in their life. Also, 33% of people above the age of 18 years have been divorced once. These divorce statistics by the Barna Group could be surprising but that's the fact. Many people have, due to some reason, filed an application for divorce.Are you and your spouse separating? Are you looking for guidelines to file divorce applications? Divorce laws could be different for different states, and so could be the filing procedure. Filing a divorce is not a very difficult process. The divorce procedures could be simple given you follow the process correctly. The general divorce steps are as follows:1. Fill an application form for divorce with the help of a lawyer.
2. Sign the application in front of a lawyer or other authorized person.
3. Make two photo copies of the completed application.
4. File the application at the family law registry.
5. Receive a date for hearing and documents.
6. Attend the hearing.
7. Result of the hearing.Are you also looking for a cheap way of filing the divorce? Well, you can start by searching for Free Online Divorce Papers and Forms. Generally, the divorce application papers and forms are available online for low costs. The cost ranges from $9 to $50. However, you can also find free online divorce papers and forms. The free divorce papers available online will be specific to your state. Most of them would be updated according to the local state guidelines. You can download these papers for free from the site. This way they will not cost you anything. Most of the papers are in a PDF format and thus you need acrobat reader for it. Once downloaded you can print them and fill the form to file your application for divorce.There are many kinds of divorce papers like the petition for divorce, registration statement, the order of support, the request for admissions, affidavit in response, financial affidavit, general testimony, affidavit by third-party etc. All kinds of forms related to divorce could be found online. Along with these forms you will also find the guidelines to fill the form and the process to be followed in completing the divorce procedure. In case you wish for a lawyer-free divorce, you can download the kit for "do-it-yourself-divorce". In this kit you will find the online divorce papers, the process to fill the application form and details of how to apply for a divorce online.If you find any difficulty in understanding the online free divorce papers, you must look for information on filling the free divorce forms, filing for divorce, the Divorce Laws related to your particular state, etc. You must also gather information relating to your rights, child custody and support, visitation, division of assets, and alimony etc. In short, you must go through all the information that will help you in filling the online free divorce papers and free divorce forms. Also, visit divorce forums and try interacting with someone who is currently going through the process and seek their help.
Thursday, April 12, 2012
The Process of Serving Legal Papers Can Become Involved
Whether hiring a process server for a one-time serving strictly within the UK or looking for an ongoing process services company which may perform their duties on an international basis, make sure they will be available any time and any location in which you may require their services. Many companies offer discounts for continued service and particularly for recommendations to other businesses. Ask for assurance of qualifications such as are they members of:1. Association of British Investigators
2. World Association of Detectives
3. Association of Civil Enforcement (qualified bailiffs) AgenciesWhether your need for process services will be only local or within the UK or on an international basis, make certain the process service company you hire will be capable of doing the job by checking their credentials and, if possible, checking references with former clientele. Then you can feel confident when that your requests will be carried out swiftly and effectively.There is an art to process servicesEnlisting the services of a professional process server means you are in need of someone who can perform the duty both legally and safely. The many ins and outs of various legal processes require a knowledge of the laws and how best to perform the act of process service. There are safety issues when ever those being served are resentful to the point of performing harm upon the one who serves papers on them. And knowing just when, where, and how to serve those legal papers, writs, claim forms, court demands, statutory demands, divorce petitions, or family proceedings always makes the proceeding go more quickly, legally, and with a finality that leaves those being served with no option but to comply.Tracking them down or skip tracingOften the act of serving papers on someone is the easy part. They must first be found! And this can prove difficult when those being served do not choose to be found. There is a finesse involved when finding those who do not want to be served with a law suit or divorce papers and that may involve what is known as a skip tracer. This means someone who is capable and qualified to become a "bloodhound" of sorts and ferret out the elusive or evasive. As those who do not want to be located often do, they will move frequently, rent their flat without signing a lease, and pay cash to avoid detection through their name on a cheque or note. This makes finding difficult but also more rewarding for those who must seek them out.Papers must be served to those who are in defaultWhile serving legal paperwork on someone is not quite the same as repossessing property, in both instances the services of a professional who is trained in handling the situation are required and necessary to complete the task in a timely manner. The more quickly and efficiently those papers can be served, the faster the process is completed, which saves money, time, and any trouble that may arise.Process servers' job requirements often go beyond the basicsFrom the basics of serving legal papers for the client to becoming involved in tracking down or investigating those upon who they plan to serve that writ, court demand, or divorce petition, the process server often must extend their knowledge of the proceedings and go a step beyond their comfort zone. They deserve to be paid accordingly and will often send a detailed invoice showing all they did to accomplish the process of legally serving for those who require it. In exchange the legal process moves along smoothly and efficiently for all concerned.