A Paralegal is someone who works for and is supervised by an attorney. By law a paralegal cannot be contracted by someone other than an attorney, this includes the general public. The “Illegal Paralegal” is someone who is preparing documents for the general public and is not a Registered and Bonded Legal Document Assistant. Paralegals do not have the same legal requirements as LDAs.
Legal Document Assistant, LDA is a paralegal who registers at the county recorder’s office, as an LDA, and files a bond. A Legal Document Assistant can be contracted by the general public and consumers to prepare legal documents at the client’s direction. An LDA has special training and certifications, such as graduating from an ABA Approved Legal Assisting Program. They are also required to maintain continuing education credits.
Legal Document Assistants are professionals that are legally able to prepare legal documents at the client’s direction. An LDA is able to prepare legal documents without the direct supervision of an attorney, unlike a Paralegal. However, neither an LDA or a Paralegal are attorneys and cannot represent you in court.
All pricing is for us to prepare, file, and serve all documents for an uncontested matter. If the case becomes contested you can either represent yourself in court or hire an attorney. If the judge requires a hearing for your case to be settled there are additional fees to prepare and file paperwork. You may also utilize our cooperating attorney referral network. Additional process serving requests and process serving outside of our local area, will incur an additional fee. The Mandatory Superior Court fees are not included in the prices below. The Superior Court will charge upon filing, unless you qualify for a fee waiver. Check to see if you qualify for a fee waiver:
Initial Superior Court Filing Fee: $435. Existing Case Motion and Modification Fees: $60.
Price Includes Notarized Marriage Stipulation Agreement, If Applicable.
No Children No Assets
With Real Estate and Retirement Accounts
With Children And Assets
Contested Divorce is a type of divorce in which neither spouse can come to an agreement, whether it’s about the divorce itself (second thoughts), division of assets, child support/custody, or even spousal support/alimony. We help prepare the documents for your contested divorce and file them with your local court, or court of choosing.
An Uncontested Divorce is a type of divorce in which the spouses agree on everything about the divorce, such as: division of assets, custody, alimony, etc. We help prepare the documents for your uncontested divorce and file them with your local court, or court of choosing.
In California, a spouse can receive a declaration of divorce without needing the cooperation – or even the knowledge – of the other spouse in certain situations. A default divorce is one in which the courts pass judgment on the divorce after the respondent fails to respond. If it's clear you've ignored all the notices regarding your divorce case, a judge can enter a default divorce judgment against you and grant your spouse's requests for support, property, and custody.
In California, each spouse or partner owns one-half of the community property. And, each spouse or partner is responsible for one-half of the debt. Community property and community debts are usually divided equally. You may have more community property than you realize.
California is a community property state. In plain English, this means that generally, property acquired during the marriage by either spouse is presumed to be owned by each spouse equally.
Separate property is defined in California as an asset owned prior to the date of marriage, acquired after the date of separation or acquired after the date of marriage and prior to the date of separation by way of inheritance or gift as it is defined by the California Family Code.
A divorce in California always takes a minimum of six months. Technically six months and one day, from the date the other party was served. This is called a “waiting period.” The waiting period is to make sure you and your spouse do not change your mind about going through with the divorce.
A general rule is that spousal support will last for half the length of a less than 10 years long marriage. This means that if you were married for six years, the judge has the right to limit alimony for one-half of the marriage if the need exists (three years). However, in longer marriages, the court will not set alimony duration. The burden will be on the party who pays to prove that spousal support is not necessary at some future point in time. For longer marriages, where the parties may be older and their earning potential lower, the time the lower- or non-income earner may require support for much longer. In either case, California law requires the partner receiving support to make a good faith effort to support his or herself. The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
Garnishment of wages is when a court orders a portion of the spouses earnings to be withheld from their employer to then pay back the debt they owe the opposite spouse. If your spouse is not paying spousal support awarded to you, by the court, you may be able to garnish their wages.
Child Support is an ongoing, periodic payment made by one spouse to the other for the financial benefit of the child following the end of a divorce. Child support can be a mutually agreed upon amount or it can be a specific amount that is demanded by the court. You can click the Child Support Calculator link below or visit California Department of Child Support Services website to utilize their Guideline Calculator to determine how much child support you should be paying.
Just in case you didn't believe it was complicated, here is the formula California uses to calculate child support:
CS = K (HN - (H%) (TN)).
Here's what the letters mean:
CS is the child support amount. This is what the formula will calculate once you've plugged in all of your information. The amount will be for one child. If a couple has more children, they must multiply the CS amount by a figure set out in the law, which depends on the number of children.
K is the combined total of both parents' income to be allocated for child support. (The amount of the parents' combined income that must be devoted to child support, in turn, depends on how much the parents earn and on how much time the higher-earning parent spends with the child.)
HN stands for high net: The net monthly disposable income of the parent who earns more.
H% is the approximate percentage of time that the high earner has or will have primary physical responsibility for the children compared to the other parent. (For example, that parent might have the children 25% of the time, while the other parent has them 75% of the time.) In cases in which parents have different time-sharing arrangements for different children, H% equals the average of the approximate percentages of time the high earner parent spends with each child.
TN is the combined total net monthly disposable income of both parents.
Now you can see why everyone—including lawyers and judges—uses a calculator! Generally speaking, though, the greater the disparity between the two parents' income and the less time the higher earning parent spends with the children, the more child support that parent will owe.
Department of Child Support Calculator
Parenting schedules overview
Learn about the various types of schedules, plus how to actually get yours down on paper.
Schedules like alternating weeks, 2 weeks each, 3-4-4-3, 2-2-5-5, 2-2-3 and alternating every 2 days.
Schedules like every extended weekend, 4-3 and Ackerman.
Schedules like every weekend, 5-2, every 3rd week and every 3rd day.
Schedules like alternating weekends, 1st/3rd/5th weekends, 2nd/4th/5th weekends and every 3rd weekend.
Tips for creating age-appropriate custody schedules whether your child is a newborn or a teenager.
Schedules for special circumstances
Schedule guidelines for temporary court orders, parents who live far apart, parents in the military, etc.
Click below for examples of different visitation schedules that might best fit your situation.
Sole Custody is when one spouse has exclusive physical and legal custody of the shared spouses child. With Sole Custody the other spouse can not have any responsibility over the child. Joint Custody is when an agreement for shared custody between spouses over said child has been made whether it be between spouses or court ordered. This agreement allows both parents to share custody and have time and legal responsibility over said child.
Legal Document Assistants are not attorneys. Legal Document Assistants can not provide legal advice. Legal Document Assistants can only prepare documents at the client's direction. If you need legal advice or representation in court we can refer you to a cooperating attorney, within our network.
Sacramento County LDA # 2016-01