Was Your California Divorce Judgment Rejected in Oakland ?

 

Law Offices of Don Glass

Low Cost Quick Uncontested Divorce California Statewide
951-501-3554 or 415-223-1230
$695 to $995 Flat Legal Fee Divorce Attorney
$95 to Start & Pay-As-You-Go Payments – Cancel Anytime
www.695DivorceAttorney.com
www.CaliforniaOnlineDivorceAttorney.com
www.AttorneyPreparedDivorceForms.com

 

Have you received a court rejection letter after you filed the final divorce judgment package of documents in Oakland? 

After waiting weeks or months you finally receive a letter from the court and expect to see a final divorce judgment.  But instead, it’s a Rejection Letter.

Does this sound familiar?  Well it is because hundreds of California residents get rejection letters and their divorce is stalled until they file papers the court accepts.

We offer a legal service to review your case and the court rejection letter to finalize your divorce judgment in California.

Being penny wise and pound foolish.

While it is possible to file for and obtain a divorce judgment without an attorney, there are times when seeking legal counsel just makes more sense.  Especially if your documents are rejected by the court.  Without the help of a divorce lawyer, you might run into a few common problems that come with trying to finalize your divorce or legal separation.

To be sure, there are a lot of things to keep track of when you file for divorce. This article lists some of the documents that local family law courts require — but remember, almost every county in the state has its own set of requirements. What worked for your friend in Orange County may not work for you in Los Angeles County or San Francisco. Be sure to check with your local court to see what documents you need to prepare and submit.

Help – The court clerk returned my divorce papers in Oakland.

Sometimes, the court clerk will return your divorce forms without filing them if you left out a required form or piece of information on a form, or it is not clear what you are asking for. This may mean a delay in finalizing your divorce and additional stress.  It’s hard to identify where you went wrong.  While the clerk often includes an instruction sheet telling you what is needed before the forms can be accepted by the clerk for filing, sometimes the information is not enough. This is where the experience and guidance of an expert family lawyer can help.

Sometimes, the forms may be returned with a request that you schedule a court hearing. In most cases, this means you are asking for something that the judge needs more information. If you are called into family court, it is ideal that you have a divorce lawyer who understands your legal rights and personal needs by your side. Many issues can come up at a court hearing. It is important that you provide your family lawyer with all relevant documents and court correspondence so that these can be brought to court.

 

Why do courts reject divorce form in Oakland?

The court may reject your divorce forms, or judgement papers, for several reasons. It is crucial that you closely read and follow all the instructions on the forms.

Here are some common reasons for court rejection in Oakland:

  • Not listing appropriate assets and debts in the marriage petition or property declaration forms;
  • The property division requested on the property declaration forms, or the property listed in the settlement agreement or stipulated judgment, appears to be one-sided or unfair;
  • Judgment Exceeds Requests in Petition:If your Judgment is by default – the other party did not file a response and you are not submitting a written agreement to the court with your Judgment – then you may not request an ‘order’ that exceeds the request you made in your Petition. So, for example, if you checked the box in your Petition that you wanted the court to reserve jurisdiction over the issue of spousal support (give the court the ability to order support at a later date), but then checked the box in your Judgment for termination of support (the court will never have the ability to order support), your Judgment will most likely be rejected.

 

  • The forms do not give enough information about finances or a parenting plan to calculate support orders. If you are asking the court to make orders regarding child support or spousal support, you’ve got to explain the basis for the number you chose (even if you have an agreement with your spouse!) Even if you are not requesting support orders, you still have to explain to the court why not. So, for example, if you earn $12,000 per month and your soon-to-be ex-spouse earns $2,000, the Court is going to want to know why you are not going to be paying spousal support. Maybe you had a short marriage? Maybe your spouse lives with his/her parents who are loaded and pay for all bills? Maybe our spouse recently inherited a million dollars? Let the court know.
  • The judge does not have a proof of service for the Summonsand the Petition filed with the court.  No Proof of Service:
    The Summons and Petition must be filed and served. A Proof of Service must also be completed and filed in your matter. Best option for most is to have the Petition and Summons served personally by someone age 18 or older and not related to the action. Or, you can have someone ‘serve’ (deliver) the Petition by mail and have your spouse sign a Notice and Acknowledgement of Receipt (NAOR).  Then file FL-115. If an (NAOR) was signed, file that too;
  • You were missing a required court form. Not using an optional form such as FL-345, FL-341, FL-342, FL-343 or FL-345;
  • Here is a Judgment Checklist form for Dissolution/Legal Separation
    FL-182. Use it to help avoid a rejection letter.

 

 

Was Your California Divorce Judgment Rejected in Oakland?

 

Law Offices of Don Glass

Low Cost Quick Uncontested Divorce California Statewide
951-501-3554 or 415-223-1230
$695 to $995 Flat Legal Fee Divorce Attorney
$95 to Start & Pay-As-You-Go Payments – Cancel Anytime
www.695DivorceAttorney.com
www.CaliforniaOnlineDivorceAttorney.com
www.AttorneyPreparedDivorceForms.com

 

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