The California Divorce Process vs. the Divorce Forms

Many people don’t realize how difficult it is to get a divorce through the California courts. Some people make the assumption that if the paperwork is correct, the divorce process should be fairly easy.  This is simply not true!

A prospective client called our firm just yesterday.  He told me that he had purchased a divorce online and that he had received the divorce documents.  He then confided in me that the process seemed complex and wondered if we could ‘do the process’ for him.  Unfortunately, as attorneys, we are responsible for the accuracy of the legal paperwork so we are unable to use legal documents for filing from another source.  I told him that we would need to:

1. arrange for a confidential consultation with the attorney so that he would understand his legal rights and options
2. answer our questionnaires
3. sign the legal documents that we prepare

We would then be ready for ‘the process’, i.e. we would

1. file the divorce
2. serve the spouse by mail
3. prepare a Marital Settlement Agreement if the parties agree on their issues or enter the default paperwork if the spouse does not wish to agree but does not respond

There would be other alternatives if the spouse responded, or was not cooperative but in this case he assured me that the spouse would be cooperative and agree on their issues.

The process is complex.  The initial documents for filing need to be correct and then filed with the court in a particular way.  Once filed and a case number is acquired, we are ready for service.  This too has to be done in a particular way.  If service is done incorrectly it could be cause for delay or even rejection by the courts.  Once served, the respondent has 30 days to respond and within that period we prepare a Marital Settlement Agreement if the parties have issues and wish to agree.  Once complete and signed, the final paperwork is sent to the courts.  Again, the courts want to receive the final documents in a particular way.  Failure to present documents that are accurate and consistent can result in delays, rejection and even a loss of legal rights.

The prospective client scheduled a time to speak with the attorney and said, “I wish I would’ve known just how difficult the divorce process would be–I wasted a lot of time and money with that document service!”

For divorce help that covers ALL the bases, call Legal Action Workshop–THE LAW FIRM THAT OFFERS LOW FLAT FEES @ 800-HELP-444 (800-435-7444) or visit www.LegalActionWorkshopLAW.com .