There are many misconceptions about divorce. When a case is filed, a hearing is not automatically scheduled. The paperwork to file for a divorce is all in the FL-100 group, the paperwork to request a hearing is all in the FL-300 group. When a case is filed, the Petitioner is notifying the court that s/he is requesting a divorce. Once the case is filed and becomes part of the court record with a date of filing, the papers can now be served on the Respondent. The entire divorce CAN be accomplished without any hearings. In order to have a hearing separate paperwork must be filed with the court and served on the Respondent. At the hearing the Petitioner may request child and/or spousal support, or orders regarding property, but the hearing has nothing to do with the divorce having been filed. Understanding the details of how the court system works is not necessarily common knowledge, getting accurate information about divorce from a Paralegal is often the best route to go when gathering information.
Most attorney’s offices will only give you information after you have paid a retainer fee, many Paralegals will give you factual information about the divorce process over the phone. DIY Divorce takes the time to explain the entire process to potential clients, taking the mystery and some of the fear out of the process. We often spend 30 – 40 minutes talking with potential clients, thereby diminishing the anxiety clients often feel. Finding out that no hearings are required to obtain a divorce is often a huge relief for many clients.
Filing for divorce is fairly expensive, the Petitioner pays a $450 filing fee when the Petition is submitted to the court. In order to obtain a hearing additional paperwork must also be submitted, along with a payment of $90 for the hearing. If child custody and visitation must be discussed with a mediator, and additional $25 is charged for the hearing.
Avoiding hearings by making agreements on your own will reduce the emotional and financial damage of a divorce. If the two sides can be fair with each other and come to a reasonable agreement, that agreement can be taken to the court to be reviewed by then signed by the Judge. This is called a Stipulation and Order. Therefore, child and spousal support, property agreements, and other matters can be made the order of the court, without a hearing.
Do-It-Yourself Divorce with a Legal Document assistant serves the Murrieta, Temecula, Menifee, Sun City, Lake Elsinore, Perris, Wildomar, and French Valley areas. Please call Kristin Harrison at 951-795-3900 today to discuss your case.