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$295 Flat Fee – File for Divorce or Separation

$295 flat fee file for Divorce or Separation
Attorney Prepared Divorce forms
www.CaliforniaOnlineDivorceAttorney.com
951-501-3554

Our Law Firm prepares Your documents for a Complete Final Judgment

The State of California has created one of the most complex divorce procedures in the country. You want and need to hire a Lawyer that practices in California divorce and nothing but California divorce.

There are 35-40 separate legal documents (many of them 3 or 4 pages each) in the average uncontested California divorce with minor children. There are a few less docs if there are no minor children. Almost every one of those docs involves one or more complex legal issues. If you do not understand those issues, it will be difficult for you to know what is being requested, let alone how to word your responses the way the court wants to see them.

There is no way that the average person can simply download blank docs, fill them in, file them at court and get an easy divorce for free. That just doesn’t happen anymore. It’s now way too difficult.
Making matters even worse is that every single court interprets the legal docs differently in some way. The court will reject your self-prepared docs and you will not even understand the reasons for rejection because those reasons will be written in legal-ese and jargon that only courts and lawyers understand. Court clerks are not there to help you, and they don’t. Repairing a messed-up case is expensive.
When you start for $95, you complete our Online Divorce Interview that covers uncontested divorce issues and can be used as a tool to have an Uncontested Amicable divorce – Use Anytime, Anywhere & Any Device.
Our goal is for you to have an amicable uncontested divorce and avoid court hearings and trials. If this is your goal, then you have found the right law firm.
Just One Low Flat Fee
* Uncontested True Default
* Filing Fees Not Included

Divorce Average Income Calculation

$395 & $695 Flat Fee Divorce Attorney at www.CaliforniaOnlineDivorceAttorney.com at 951-501-3554

Divorce Average Income Calculation

It means the average GROSS (before deductions) monthly income actually received during the last 12 months in each of the individual cetegories of income listed in the table above.

So add up all your gross income actually received in each category of income (e.g. salary, overtime, commission, pensions received, etc.) in which you have received any income during the past 12 months. Most people receive income in only one or two categories. So most of these boxes will remain empty or zeroed. Then divide that figure from each category of income by 12 and enter the result to the right of the category of income in question and under the column titled ‘Average Monthly.’

So let’s look at some examples. If you’ve received $3,000 in base gross salary for each of the last 12 months, that’s easy. Your total is $36,000 ($3,000 X 12 or more precisely 12 $3,000’s added together). Your average is ($36,000 divided by 12) $3,000.

If you received unemployment benefits of $1000 per month for three months during the last 12 months, your total unemployment compensation is $3,000, but you still divide that $3,000 by 12, not 3. You’re looking for the 12-month average – not the average for the number of months for which that category of income was actually received. So the answer is ($3,000 divided by 12) $250.

Bear in mind that it is the receipt of the income, not the earning of it, that counts. If you’ve just earned a $5,000 bonus but have not received it, you don’t count it here.

California Cheap Low Cost Divorce Attorney

California Cheap Low Cost Divorce Attorney in California
By Don Glass, Esq. – CaliforniaOnlineDivorceAttorney.com
$395 & $695 Flat Fee Uncontested Divorce Attorney
951-501-3554
There is absolutely nothing incorrect with wishing to know how to get a cheap divorce in {flood} — providing your divorce is straightforward and uncontested. If you and your spouse are in agreement and can stay so, and there are no complicated issues in your case, a cheap divorce attorney in {flood} is precisely what you should be looking for.
A cheap divorce in {flood} means paying only for the legal services you require based on the facts of your case. And, that is exactly the type of legal services we provide in {flood}.
Yet numerous divorce attorneys in {flood} will inform you that obtaining a cheap divorce in {flood} is risky. That’s rubbish. Exactly what they suggest is that obtaining a cheap divorce in {flood} without them is foolish. The only {flood} divorce attorneys who still use such fear-mongering techniques are those who want to charge you $5000 in {flood} .
Don’t be mislead by the fear-mongering and price anchoring methods used by lots of such older {flood} divorce lawyers. Some of them remember when they were the only divorce show in {flood} .
These days, {flood} divorce lawyers need to compete with glossy on-line divorce mill sites based in Seattle, Virginia, Texas and India. And guess what! The unqualified, commonly downright deceitful, divorce mills have been beating the pants off {flood} divorce lawyers since the early 2000’s. The divorce mills have actually framed their solutions to you, the divorce consumer, much better than the older {flood} divorce lawyers ever did.
The problem has been that while divorce consumers in {flood} have flocked to the slick online divorce websites, primarily because they do offer cheap divorce in {flood}, the unqualified, unaccountable con-men who run those glossy websites are not great at what they do. Actually, they are horrible. If you pay $300 to a non-lawyer divorce site, but you end up paying forever for their blunders in your divorce, that’s NOT a cheap divorce in {flood}.
If only there were cheap divorce attorney solutions in {flood}. Well, things are changing.
On-line divorce mills are still unskilled, and they are doubling down on the fraudulent techniques that have actually worked very well for them. That’s due to the fact that the divorce mills have much better internet sites, wicked-cool online applications and they lie and cheat like a boss to trick {flood} divorce customers into hiring them.
If only there were much more competitive divorce attorney services in {flood}, your costs would be decreased to around the level offered by the online divorce mills.
Well, we have found numerous cost-cutting practices and strategies that are jointly described as “virtual law practice.” Many of these virtual strategies are based upon cloud solutions that crunch conventional time-consuming activities while making it possible for the divorce customer to be much more hands-on in her own divorce case. The outcome is a happier professional much more inclined to be effective and innovative, a lot more attuned to your legal and economic interests, a lower cost of doing business and a much more cost-effective package for the smart divorce consumer. Virtual divorce is the law practice equivalent of the gig economy.
What this means is that you will only use the {flood} divorce lawyer for important legal solutions, such as providing legal advice, document preparation and document evaluation.
Our $395 flat fee = You will perform the unskilled jobs of filing your case at court and arranging for your spouse to be served with the docs. These tasks are easy and the {flood} divorce attorney would certainly provide you with instructions.
Our $695 flat fee = we will manage and arrange the filing of your case at court and arrange for your spouse to be served with the docs.
You need to address one question honestly to yourself.
Do not kid yourself. That question is: What is more crucial to me in getting my cheap divorce in {flood} – having a lawyer on my team or using a costly non-lawyer?
Answer that question realistically and your divorce hiring decision is made for you.
If you are pretty certain that your {flood} divorce is straightforward and uncontested, OR if you simply want to have the insurance coverage of a lawyer on your side should anything go wrong, then employ Don Glass, Esq. at CaliforniaOnlineDivorceAttorney.com, at our online divorce website concentrating on only California divorce.
$395 flat fee divorce or $695 flat fee divorce by attorney Don Glass, Esq. at CaliforniaOnlineDivorceAttorney.com at 951-501-3554
Start your {flood} divorce now for only $95.00

Pregnancy Issues

$395 Flat Fee Divorce Attorney at www.CaliforniaOnlineDivorceAttorney.com
951.501.3554

PREGNANCY ISSUES

As you might expect, pregnancy is a potentially dangerous issue during a divorce case. Read through the following factors regarding pregnancy in divorce. They are designed to keep the considerations as simple as possible – without ignoring the legal practicalities of pregnancy in divorce:

1. If the wife is pregnant and both spouse/partners agree that the pregnancy is a pregnancy of this marriage/partnership, there is no problem here.

2. However, if the wife is pregnant and the spouse/partners do not agree that the pregnancy is a pregnancy of this marriage/partnership, that’s a big problem. If there is a current pregnancy AND a dispute regarding the paternity of that pregnancy, you and your spouse/partner MUST resolve that dispute through medical tests before proceeding. That could involve considerable delay dependent upon the extent of the pregnancy.

3. If the wife is pregnant and there is good reason to believe that the husband is not the father, that is an even bigger problem for the divorce process than if there was a simple dispute about paternity. It is a bigger problem because of the strong presumption in law that the pregnancy of a married woman is the child of the husband. Medical evidence can rebut that presumption of course, but medical tests cannot always be performed. What are your practical options here? You can obtain medical proof, when that is available, that the pregnancy is not a child of the marriage/partnership and then decide that the presumption has been rebutted on the factual strength of your medical evidence. You could then answer “no” to the pregnancy question (the divorce Petition asks for “minor children of the marriage/partnership” – not whether there is a pregancy, so if you have determined that the pregnancy is not a child of the marriage/partnership, it is not a problem if you answer “no” to the pregnancy question). If you don’t want to bother with medical evidence, you can wait until the pregnancy no longer exists and answer the question “no.” Or if you don’t want to bother with medical evidence AND you do not want to wait, you can answer the question as “yes” right now. If you do so, you must list the unborn child as a child of the marriage/partnership because of the strong legal presumption that you have not rebutted with medical evidence. Then later in the case, depending upon how fast you move in your case, you would either have to file an amended Petition to remove the child from the Petition after the child is born or you would have to provide the court, probably during a court hearing, and always providing that the medical evidence supports you, with proof that the unborn child originally listed in the Petition is not in fact a child of the marriage/partnership.

4. If your current answer to the pregnancy question changes before the date on which your divorce case is first filed at court, you MUST modify your answer before printing or re-printing the first set of legal documents to be filed at court.

5. If your current answer to the pregnancy question changes after the date on which your case is first filed at court, you MUST modify your answer. Then you will have to print out and file at court an amended Petition to reflect that change.

You should also bear in mind that there are limitations on filing amended paperwork at court. Generally speaking, but this is not a hard and fast rule, the court will permit one “free” amendment without you having to provide a reason for the amendment. So you should not “waste” your free amendment if at all possible.

Military Divorce in California

WHY IS THIS IMPORTANT?

$695 Flat Fee Divorce at CaliforniaOnlineDivorceAttorney.com at (951) 501-3554

If your spouse/partner is in the military service of the United States, s/he is immune from being served with any civil lawsuit, including a divorce case. This protection is afforded to all military personnel by the Servicemembers Civil Relief Act.

Therefore, if your spouse/partner is either active duty US military or in a Reserve unit that has been called up, parties are in agreement is particularly important. In a military spouse/partner case, instead of serving divorce papers upon him or her in the traditional manner, you need your spouse/partner to sign a particular document that waives his or her military protection and allows the divorce court to proceed in your case.

If your military spouse/partner will not sign that waiver document, you can only proceed in your divorce case by a complex procedure in which you serve divorce papers upon your spouse/partner’s legal officer. That is a procedure in which you definitely need legal advice.

Bear in mind that ‘active duty military’ does not include those on reserve status or those in the National Guard who have not been called up to active status. If there is any doubt as to whether your spouse/partner is on active duty, you can determine whether s/he is or is not on active duty, and therefore protected by the Servicemembers’ Civil Relief Act, by contacting his or her legal officer.

The critical time for the determination of whether your spouse/partner is in the active military service of the United States is immediately after your divorce case has been filed. Right now, only you know when that will be. If your spouse/partner is about to leave active duty military service, you may be able to delay your case until s/he no longer has the immunity provided by the Servicemembers’ Civil Relief Act.

Also bear in mind that your spouse/partner’s active duty military status is not a bar to the filing of your divorce case. It is only a bar to the service of those divorce papers upon your spouse/partner. So you can proceed as soon as you are ready to file your case. That will at least get your case on record and provide you with the protection of the automatic restraining orders that are granted in every California divorce when the case is filed.

Finally, you can of course negotiate with your spouse/partner at any time, before or after you file your case, to try to resolve whatever issue(s) are preventing your military spouse/partner from cooperating by signing the military waiver document.

What is Basic Child Support in California

WHAT IS BASIC CHILD SUPPORT in CALIFORNIA ?

$295 flat Fee Divorce Attorney at CaliforniaOnlineDivorceAttorney.com at (951) 501-3554 in California

Basic child support is traditional child support. It is what the layman thinks of as child support. It is a fixed periodic sum of money that is paid by one parent to the other parent for the support of their minor child(ren). It is paid on a specified date or dates each calendar month. Either parent can go back to court any number of times to obtain a court ordered adjustment of basic child support upon proof of some change in circumstances since the prior amount was ordered.

Basic Child Support does not include what is referred to by the state as additional child support. Additional child support includes child care costs, reasonable uninsured health care costs of the minor child(ren), educational or special needs costs of the minor child(ren) and travel expenses incurred by or on behalf of the minor child(ren) for the purposes of visitation.

WHAT DOES WELFARE HAVE TO DO WITH THIS in California ?

When a custodial parent signs up for Temporary Assistance for Needy Families(TANF or more commonly, “welfare”) that parent legally assigns his or her child’s right to receive child support to the County that pays the TANF.

That means the custodial parent won’t get any child support from the non-custodial parent (because s/he will get support for the child from the County) and the County will essentially sue the non-custodial parent for every dime that the County pays to the custodial parent for support.

If the child has been receiving TANF for some time, the County has probably already gone to court to get a child support order against the non-custodial parent. Whether the County has done so, it MAY now try to take a ride on your divorce case either to initiate the court order for child support or to modify it if circumstances have changed since the County obtained the order. The problem with this is that often the County is not ready to proceed when you are and delays will occur in your case for no fault of your own. More on that later.

The main point to realize right now is that if you indicate that any eligible child of the marriage/partnership is presently receiving TANF/welfare, it doesn’t matter what figure you entered above for basic child support for that child. Nor does it matter what you have agreed with your spouse/partner as to basic child support for any minor child receiving TANF/welfare. The County will have its own idea as to what basic child support should be – namely, every dime it pays to the custodial parent.

For Child Support questions for California, Call us at (951) 501-3554

What is Spousal / Partner Support in California

WHAT IS SPOUSAL/PARTNER SUPPORT?

$295 Flat Fee Divorce Attorney at CaliforniaOnlineDivorceAttorney.com (951) 501-3554

Spousal Support (sometimes called alimony or maintenance) is simply financial support paid by a spouse/partner or ex-spouse/partner for the support of his or her spouse/partner or ex-spouse/partner.  It is intended to pay the living expenses of the recipient spouse/partner. It is intended, as far as is practical, to maintain the same standard of living as a spouse/partner enjoyed during the marriage/partnership. Spousal support is separate and distinct from child support.  Spousal support terminates upon the death of either party, the remarriage/partnership or cohabitation of the recipient or upon a fixed date ordered by the court.  Either party can apply to the court for modification of an existing spousal/partner support order at any time during its existence.

You can also put Spousal Support “on the shelf” for Later : Reserving (sometimes called “retaining”) jurisdiction over the issue of spousal/partner support simply means that the court is asked not to make an actual dollar figure order but instead to place the issue of spousal/partner support “on the shelf” for either party to come back to court at a later time. The court will want to place a time limit on how long it will retain jurisdiction.  The longer the marriage/partnership, the less restrictive that time limit will be. Just like with an actual dollar order for spousal/partner support, the court’s reserved jurisdiction on spousal/partner support will always cease upon the death of either party or the remarriage/partnership of the party for whom spousal/partner support is reserved. Reserving spousal/partner support is a good way to provide a safety net, particularly after a longer marriage/partnership or when one spouse/partner has health problems.  Perhaps at the time of the divorce both parties are self supporting, but perhaps the financially weaker of the two has only just gone back into the work force after many years out of it.  That party’s interests would not be served by a complete and final waiver of spousal/partner support. Reserving jurisdiction on spousal/partner support usually occurs in long term marriage/partnerships of 10 years or greater duration, although no judge will reject the proposal in any situation – if the parties agree.

Marriage of Long Duration:
It is mandatory for the court to reserve jurisdiction indefinitely on the issue of spousal/partner support for either party in a marriage/partnership of long duration when requested by either party to do so.  A marriage/partnership of long duration is generally one of 10+ years between date of marriage/partnership and date of separation, but a court can find a shorter marriage/partnership to be one of long duration for this purpose. This basically means that if you have a marriage/partnership of close to 10 years duration or longer, then unless you and your spouse/partner agree in writing (in the written agreement SmartTrackDivorce will prepare for you [see below on this interview page]) that there will be no spousal/partner support and no reserving jurisdiction on spousal/partner support, the court will reserve jurisdiction when requested to do so.

If you have a long marriage/partnership and you cannot provide the court with a written agreement to waive spousal/partner support for both of you, you can still request that neither of you is awarded spousal/partner support or has his or her spousal/partner support rights reserved, but Family Code 4336 is clear that the court does not have discretion. Such a request may result in rejection of your proposed judgment and/or setting a court appearance where you will have an opportunity to explain to the judge in open court. As in so many other areas of divorce, having a cooperative spouse/partner and a written agreement to prove that cooperation is good and usually results in getting what you want.

Spousal Support is taxable and tax deductible: Child support is not tax deductible or taxable.  Spousal support is generally taxable to the recipient and tax deductible to the payer (though consult your tax adviser for your particular situation). The IRS is extremely aware of efforts to make child support look like spousal/partner support, and there are rules in place to prevent it. Definitely consult a tax preparer/accountant before proceeding if you have any questions on this issue.

Spousal support is not division of property or debt: Spousal support is also to be distinguished from sums paid to equalize the division of property.  Let’s say that you and your spouse/partner agree that you will buy your spouse/partner’s 50% interest in your community property Toyota Celica, which has a net fair market value of $1000.  To close the deal, you pay your spouse/partner $500 and your spouse/partner signs over the pink slip. The payment of that $500 is a tax-free payment made between spouse/partners or ex-spouse/partners in order to complete an agreed division of community property. It is not the tax deductible payment of spousal/partner support.  Be careful and definitely consult a tax preparer/account before proceeding if there are any questions on this issue.

Welfare: If the intended recipient of spousal/partner support receives TANF (formerly AFDC) or Food Stamps for the support of any minor child of this marriage/partnership, do not proceed without discussing the spousal/partner support issue with your county agency welfare caseworker.  When you signed up for welfare, you signed over to the county all right to your spousal/partner support from this marriage/partnership, as well as your child support rights.  The county may or may not want to pursue spousal/partner support. Your case worker may tell you that you should “reserve jurisdiction” (see above) on the issue of spousal/partner support.

Mandatory Wage Assignment: Just as with child support, a Wage Assignment is now mandatory in all cases in which spousal/partner support is ordered.  A Wage Assignment is a court order directed at the employer of the party ordered to pay the support.  It directs that employer to commence, within 10 days of being served with the Wage Assignment, deducting an amount sufficient to meet the court ordered amount from the wages of the paying spouse/partner and pay that amount to the court ordered recipient of the court order.  The employer is ordered to continue to so deduct and pay until the term of the support order is satisfied, until the paying spouse/partner no longer receives wages from that employer or until a further order of the court, whichever event occurs first.

But the Service of the Wage Assignment can be Postponed: However, the legislature not only recognized the need for such wage assignments but also that some couples would prefer not to invoke the wage assignment for reasons of amicability, practicality or perhaps even a desire to avoid employment embarrassment for the party ordered to pay the support. Accordingly, a partial “loophole” was built into the law.  The Wage Assignment was still made mandatory, but its service upon the employer was not mandated if the parties agreed.   The service of the Wage Assignment can be stayed or postponed, even indefinitely, providing that the paying party does not default (become late on any payment or portion of a payment) on the support order. If the service of the Wage Assignment is stayed and the party ordered to pay support becomes delinquent on any support payment, the other party can file simple paperwork at court, have the stay of service of the Wage Assignment lifted and then serve Wage Assignment on the employer of the party ordered to pay the support.A Wage Assignment can be served on most employers, even self-employeds. Military personnel and federal government workers have been immune from state court Wage Assignments, but that protection is in jeopardy.    There are new potential law changes affecting this area.Again, you and your spouse/partner must agree on this issue.  Service of Wage Assignments is not automatically bad.  The Wage Assignment becomes just like any other deduction from income, and it’s taken care of without the support payer having to remember or do anything further.