FAMILY LAW AND DIVORCE:
Family Law is a general heading. Some of the areas under this heading are Divorce, Annulment. Legal Separation and Paternity. Other areas under the Family Law heading are Child Custody, Child Visitation, Child and Spousal Support, Marital Settlement Agreements, Stipulations and Modifications.
We at Legal Action Workshop have been successfully handling
Divorce matters for over 30 years. We have handled in both our
Attorney-Assisted Method and
Full Representation more that
20,000 Divorce cases. Most of the Divorce matters we handle are in our unique Attorney-Assisted Method, whereby the client meets with an Attorney who gives him/her advice. The Attorney then prepares, files and serves all the necessary legal documents and the client's name appears on the paperwork as 'attorney of record'. For most matters a court appearance is unnecessary. We also can assist in preparing and filing responsive documents in a Divorce matter for a low flat fee plus filing fees.
In cases where Divorces are contested, the client can choose to be Fully Represented by our Attorneys at a traditional legal rate. Legal Action Workshop can also assist the client in a contested procedure without full representation if the client elects to do so. The fees to assist the client when he or she elects to represent his or herself are low flat fees for the Attorney-Assisted work.
Legal Separation:
This is a procedure in which the status of the parties remains as a married couple but all other issues are addressed as in a divorce. A legal separation helps the couple maintain benefits such as health care, tax issues etc. until the divorce proceedings are finalized. Also, some people elect not to get divorced for religious reasons and so a legal separation is an alternative.
Annulment : This process voids the marriage as if it never took place. There are various grounds for Annulment, with Fraud being the most often used grounds. The Fraud allegation must go to the essence of a marriage. As to what constitutes Fraud you will need to speak to our Attorney, as there are many of variables.
Adoption:
There are various kinds of adoptions. There are
step-parent adoptions, adult adoptions and independent adoptions. Legal Action Workshop can assist in all of these types of adoptions.
We provide services in these areas in our 'Attorney-Assisted' method which offers pricing that is substanitally below that of traditional attorneys. In most cases Adoptions are uncontested procedures.
Independent Adoptions and Step-Parent Adoptions can proceed either by consent of the parent or parents wishing to give up their parental rights, or they can proceed if the parent or parents have abandoned the child/children. If, in these areas, you have the consent of the parent or parents, the matter will proceed with an evaluation by the Adoption Agency which almost always recommends the Adoption and then there is a short court appearance whereby the Judge approves the Adoption. If the Adoption proceeds by way of abandonment, there will also be an evaluation and a hearing date to approve the adoption as well as a termination of the rights of the abandoning parent or parents.
With regard to an Adult Adoption, this process is relatively easy in that the adopting parent and the adopted child agree in writing to proceed with the adoption without the necessity of filing a consent form by the biological parent or without proving any abandonment. This procedure takes about 6 to 8 weeks to completion.
STEP-PARENT ADOPTION:
INDEPENDENT ADOPTION:
ADULT ADOPTION:
ALIMONY - SPOUSAL SUPPORT:
In California, the court may award spousal support based on various factors which include length of marriage, differentiation in income, health of the parties, employment history and need. In the preliminary stages of a divorce, if a party seeks temporary spousal support, the court will award it based on a computerized formula called a Dissomaster. At the trial stage, spousal support will be determined by the factors set forth above and not the Dissomaster.
With Legal Action Workshop's 'attorney-assisted' method spousal support can be requested in the Petition for the divorce. Our attorneys can also assist in obtaining temporary spousal support. In addition, once the Divorce is complete, our attorneys may also assist in the modification of a spousal support award.
Child Custody and Placement:
In various domestic cases such as divorce, paternity and legal separation the issue of child custody and placement of children may arise. Child Custody is usually broken down into two areas, physical custody and legal custody.
Physical Custody means primarily where the child/children will reside. Legal Custody generally means that for major decisions such as health, education or religion, the courts will determine whether one party makes those decisions alone or whether the parties will both be involved.
Generally speaking, the courts will award one of the parties primary physical custody. In some occasions the court awards joint physical custody depending on the age of the child, where both parties reside, the school the child attends, and other factors. Regarding Legal Custody, the court's preference is to award joint legal custody so that both parents will be involved in the upbringing of the child/children. In cases where the parties agree on the custody of the children--the court will generally comply with the wishes of the parties involved. In cases where there is a dispute over custody issues, the court requires that the parties meet with a conciliation counselor to resolve the disputed issues. If they cannot resolve the issues, they will appear before the Judge who may require an independent child evaluation.
At Legal Action Workshop, our attorneys can assist clients in filing for custody or filing for visitation rights. The client may choose whether they want to be fully represented or would like to take part in our 'attorney-assisted' method.
Child Support:
Child support is generally ordered by the court in situations in which a child lives with one but not both parents. The non-custodial parent, or the parent with whom the child does not live, is usually responsible for contributing a certain portion of his or her income, based on state child support guidelines, to help support the child, even if the custodial parent has income of his or her own.
In California, child support is based on a computerized formula known as the Dissomaster. The Legal Action Workshop attorneys can advise the client as to whether they will receive or pay child support and what that amount will be. Our attorneys can help you make a request to the court for temporary child support or to modify a prior child support award.
Marital Settlement Agreements:
These are agreements that take place in divorce cases. If the parties can resolve all their divorce issues with a Marital Settlement Agreement, they will not have to make a court appearance. The Marital Settlement Agreement will resolve the dissolution of marriage issues, such as child custody, child visitation, child support, spousal support, division of property and debts.
Stipulations:
A Stipulation is an agreement resolving issues in various legal matters. Examples of these are: temporary orders for child custody, child support and visitation, or post judgement modification requests. This is a method that is used to avoid a court appearance. When the parties are in agreement regarding issues, there is no need for a court appearance.
Paternity:
The question of "who is the father?" is not as simple a question as you might think. There are important legal distinctions in California relating to paternity. A court action filed to have a man legally declared to be the father of a child is called a paternity action. It can be brought by either the mother or the father. If paternity is established, the court may order the father to pay child support and grant him custody or visitation rights. Today, blood and DNA tests can determine paternity within 99.99% accuracy, and can rule out paternity with 100% accuracy.
LEGAL ACTION WORKSHOP'S 'ATTORNEY-ASSISTED' METHOD:
With our method we can help either the mother or the father obtain a court order to determine who the father of the minor child or children is and obtain orders for child custody, child visitation and child support.
Legal Action Workshop can also assist in the defence of any action brought by the District Attorney's office for the collection of child support.
Modifications of Child Issues:
Modifications occur when there is a change of circumstances, usually after the divorce has been finalized, allowing the client to file a request with the court to change a court order or judgement.
Modifications include changing child custody, child visitation, child support or spousal support.
Conservatorships:
Conservatorship of the person occurs when an adult is medically determined to be incapable of caring for his/her personal needs. A third person, usually a relative, may apply to the court to be appointed as a conservator.
Conservatorship of the estate occurs when an adult is medically determined to be incapable of handling his/her financial affairs. A third person, usually a relative, may apply to the court to be appointed as conservator of the estate.
NOTE: Conservatorship of the Estate requires full representation
Chapter 7 Bankruptcy
THE NEW BANKRUPTCY LAW IS NOW IN EFFECT!
Legal Action Workshop offers a
free consultation to determine if you qualify for the
NEW Chapter 7 Bankruptcy. Chapter 7 Bankruptcy consists of the discharging of one's unsecured debts (any debt where there is no colateral) and includes the ability to protect a certain amount of one's assets. The most often asked question regarding a Chapter 7 Bankruptcy is, 'Do I qualify?'. The answer to that question depends on whether you pass the means test. According to the new law, if your gross income falls under a certain amount, depending on the state in which you live and the number of people in your household, you can file for a Chapter 7 Bankruptcy. So if you feel that you need to file for Chapter 7 Bankruptcy, please call our office and make an appointment for a free consultation. Our Attorneys will determine if you pass the means test and then brief you on what you need to do to file.
Filing a Chapter 7 Bankruptcy will do the following:
- wipe out most of your unsecured debt (credit card bills) or loans, civil lawsuits and or medical bills
- stop harassment by credit card companies
- stop any collection efforts by most creditors
- protect your home and personal property
- stop any attempt to garnish wages
Legal Action Workshop will do the following:
- answer all calls from your creditors
- protect your wages and halt any attempt to take your home or personal property
- complete and file your bankruptcy
- guide and counsel your throughout the process
Legal Action workshop has successfully handled 1,000s of Chapter 7 Bankruptcies throughout our 30 years of operation.
Some of the changes to the law are the following:
- there will be a means test for eligibility; if your median income for your area of residence, family size etc. exceeds the state median income then you may not qualify; after consulting with a Legal Action Workshop Attorney we will let you know if you qualify under the new law
- you will need to have mandatory credit counseling from an approved agency 180 days prior to filing; Legal Action Workshop will help you contact an agency from an approved list
- debts owed to a single creditor totaling more than $500 for luxury goods will not be discharged if acquired up to 90 days prior to filing
- cash advances of $750 acquired within 70 days will also not be discharged
- you will need to provide tax returns or transcripts for the most recent tax year
There are other changes to the law as well. We at Legal Action Workshop will guide you through the changes so that, if you qualify, you will be able to file for a Chapter 7 Bankruptcy.