Do you need a legal aid divorce assistant? Is hiring a legal aid for your divorce required? Before you decide to seek a dissolution of marriage in California here are a few things you need to know. To file for a divorce in California one of the two parties has to show proof of residence for at least six months. The filing also needs to be done in the specific county that one of the parties to the divorce lives when the divorce is filed. If you live for example in Irvine, Santa Ana, Tustin, Mission Viejo or Laguna Beach you would file your divorce at The Orange County family law courthouse.
Getting a divorce in California requires filling out a number of forms that can be very overwhelming. The forms are not difficult but tedious and time-consuming. For most people hiring a legal document assistant or an attorney could be advantageous. It can be a stressful time for both parties and the less they have to worry about the better. In the basic type of divorce the person you hire will first fill out Petition for Dissolution of Marriage (form FL-100), Summons (form Fl-110), Family Law Declaration Regarding Related Cases (form L1120) and finally, if you have any children you will have to fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105). This may seem simple enough but oftentimes other things come up in a divorce that could require some legal assistance. Also, every county and state has its own requirements. For example, you will have to know the service of process in your state in order to make sure you properly serve the other person. Another type of divorce. The other type of divorce is called a Summary Dissolution. If a couple is married less than 5 years, has no children, does not owe much, and agrees on how they will divide up their assets and debts then they can file for a Summary Dissolution. This is very important to know when deciding whether to hire someone or do it yourself. If you have a simple uncontested divorce or Summary Dissolution situation you may want to do it yourself or hire a legal aid divorce assistant instead of an attorney. Legal aid is more commonly known as a legal document assistant (LDA). They can assist you in the divorce process. Even if you have child support or spousal support issues instead of hiring an attorney a legal document assistant may be able to help you with the fraction of the cost.
Child support is when a party during the divorce process seeks monetary support for the child or children for living and medical expenses. The court will look at both parent’s monthly income and the amount of time the child spends with each parent. The court will look at the income of each party which includes amongst other things:
1) income from a job,
2) rental income and
3) unemployment benefits.
Spousal support is when one party during the divorce process seeks monetary support. The court will look at different facts to determine if someone is eligible per Code Section 4320.
When considering getting a divorce make sure to have a plan of action and familiarize yourself with the county rules in your area. The assistance given by each county may factor in whether doing it yourself or hiring a legal aid divorce assistant.