There are 3 ways to end a marriage/ domestic partnership in Ca: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If one does not participate in the divorce case, the other spouse/partner will still be able to proceed.
Establishing parentage means obtaining a court order that says who the legal parents of a child are. If the parents of a child were not married when the mother became pregnant or when the child was born, the child does not have a legal father until parentage is established. So even if a father can prove he is the biological father, if he was never married to the mother, he does not legally have any rights or responsibilities for the child. For that, parentage must be established legally.
Once you have filed your petition, you can ask for temporary orders while your case moves ahead. Some typical temporary orders people ask for are custody and visitation of the children, child support, or spousal/partner support. This is also used to modify previous orders that are currently place or to discuss issues that were not discussed before.
If there is an emergency situation that needs to be brought to the courts attention immediately, an ex-parte would be utilized. This is not the same as a Domestic Violence Restraining Order, but can quickly discuss most issues including custody and visitation. Matters involving money including child support and spousal support are not usually considered emergency issues. This document can be filed at any time and is usually brought before the court within days of the filing.
In some cases, parents can file a Petition to ask for a child support order. This is usually used for clients who do not want to get a divorce, or legal separation, but want a court order for child support (or custody and visitation)
Adoption is the legal process of establishing a legal parent-child relationship when the adopting parent is not the child's biological or birth parent. That means that once the adoption is final, the adoptive parents have all the legal rights and responsibilities of a parent-child relationship. That new parent-child relationship is permanent and is exactly the same as that of a birth family.
A probate guardianship of the person is set up because a child is living with an adult who is not the childs parent, and the adult needs a court order to make decisions on behalf of the child. In a guardianship, the guardian has the same responsibilities to care for the child as a parent would. That means the guardian has full legal and physical custody of the child and can make all the decisions about the physical care of the child that a parent would make.
Ex-Parte can be filed on this matter.
Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.
These types of filings are done same day and brought before the court within 24-48 hours.
A marital settlement agreement spells out the terms of the divorce and the relationship between the two spouses after the divorce. These agreements usually cover property division, child custody, child plans, debt division, spousal support and any other relevant issues related to the divorce.
Emancipation is a legal way for children to become adults before they are 18. Once a child is emancipated, his or her parents do not have custody or control of him or her anymore. Emancipation is usually forever. But the court can cancel the emancipation if the minor asking for the emancipation lies to the court or is no longer able to support himself or herself.
When a parent or both parents need another adult or relative to take care of their children for a while. If the parents want to sign papers giving another adult the right to take care of their children they may not need a guardianship.
If the parents agree to let another adult take care of their child, they ca prepare this document to be in place for a temporary time.
A qualified domestic relations order, is a judicial order in the United States, entered as part of a property division in a divorce or legal separation, that splits a retirement plan or pension plan by recognizing joint marital ownership interests in the plan, specifically the former spouse's interest in that spouse's share of the asset.
In general, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated & do NOT have a close relationship with, like a neighbor, a roommate, or a friend (that you have never dated). It is also civil harassment if the abuse is from a family member that is not listed under domestic violence. For example, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and NOT domestic violence.
Small Claims Court is a special court where individuals, representing themselves, resolve disputes quickly and inexpensively in an informal setting. The person who sues is the plaintiff; the person who is sued is the defendant. In small claims court, you may ask a lawyer for advice before you go to court, but you cannot have a lawyer in court.
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).
If you have been served with a summons & complaint, you are being sued. This means you are a defendant in a civil case that has been filed by a person or business entity called the plaintiff. You have a limited amount of time to respond to the complaint. Failure to timely respond could result in a default judgment being entered against you, in which case you would forfeit your right to respond & the person who sued you would prevail. Being sued is a serious matter and requires immediate action.
These are everyday services for your convenience. Walk-ins are always welcome.
We offer Senior, Military & First Responder Discounts.
.25 per page
$1.00 Per Page
This is for incoming and outgoing. Send a fax anytime to: (760) 256-0180.
.50 A Page
This includes sending your scan to multiple emails.
.50 A Page
Price Varies By Area
This service requires an appointment. Quote will be provided when appointment is made.
Varies on Area
Process servers are needed in an assortment of tasks such as filing court papers, serving legal documents, and document retrieval. Their principal job is to deliver or â€œserveâ€ legal documents to a defendant or person involved in a court case. After serving any legal documents, process servers have to deliver actual evidence that the legal papers were served.
Start at $25.00
This document is usually prepared to add or remove someone from title. We can also prepare Quitclaim Deeds, Homestead, Affidavit of Death as well as Interspousal Transfer Deeds. All prepared documents come with the necessary forms to be processed with the County Recorder.
We never know what could happen tomorrow. But we do know that having a solid estate plan can help ease the burden of your passing on your loved ones. Let us help you protect them with our estate planning documents.
Allows you to appoint someone to make health care decisions on your behalf if you lose the ability to do so. This documents covers end of life decisions and allows you to disclose your final wishes.
Allows you to appoint someone to act as your agent in a variety of circumstances, like withdrawing money from a bank, responding to a tax inquiry or making a trade.
A last will and testament is the legal document by which you identify those individuals (or charities) that are to receive your property and possessions on your death. These individuals and charities are commonly referred to as the beneficiaries under your last will and testament.
Probate is the legal process whereby a will is "proved" in a court and accepted as a valid public document that is the true last testament of the deceased. The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will.
Call for a quote
A Small Estate Affidavit is often used when a spouse or family member has passed. The Affidavit allows you to fast track the resolution of an estate through probate court. It's a good way to help you resolve final estate matters for a deceased person who died without a will and with a "small estate". The definition of "small estate" will vary from state to state. However, the general range is from $5,000 to $150,000.
In California, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. If this is the case, a succession of property will need to be prepared and submitted through the court.
Call for a quote
A conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator") to care for another adult (called the “conservatee") who cannot care for himself or herself or manage his or her own finances. This filing is appropriate for loved ones who have been diagnosed witth Alzheimers or dementia, but also used for children who have just reached the age of 18 and have a mental disability.
California Probate Code Section 13100 is part of the California state law regarding the acquiring of property under a certain value by a successor from the estate of a decedent.
The first step in evicting a tenant is giving notice.
In California, a landlord may be able to evict a tenant if the tenant:
After you are personally served, if you intend to oppose the eviction, you must file a written “Answer” to the Complaint with Superior Court within five calendar days of being served. The five days begin with the day after you receive the Complaint.
A notice to vacate is a formal declaration that someone is expected to leave a residence. It can be filed by a tenant, to indicate that he or she plans to leave by a set date, or it can be filed by a landlord, to indicate that a tenant is expected to leave by a certain date.