Why have a trust? The biggest benefit of having a trust is that it avoids probate. In California, estates with real property or estates valued over $166,250 usually have to be settled through some type of formal court probate process. This process is very costly and can take from 5 to 7 months to complete. With a trust, administration [...] By Sandra McCarthy|2023-07-19T11:53:44-07:00February 12th, 2021|Estate Planning FAQs, Living Trust FAQs|0 Comments Read More
Who needs an estate plan? You should have an estate plan if: You are the parent of a minor or disabled child. You have property that you care about. You care about your health care treatment. By Sandra McCarthy|2023-07-19T11:54:03-07:00February 11th, 2021|Estate Planning FAQs|0 Comments Read More
I cannot locate my spouse to serve divorce papers In order to complete the California divorce process, the other party must be provided legal notice of the divorce proceedings. This can be done by 1) voluntary acceptance of the documents, 2) personal service of the documents, or 3) legal publication. Using Investigator in California Divorce To Locate Spouse If you have filed a California divorce, cannot [...] By Sandra McCarthy|2022-01-28T14:00:40-08:00February 3rd, 2021|Top Divorce FAQs, Divorce Column 1, Divorce FAQs|Comments Off on I cannot locate my spouse to serve divorce papers Read More
What document is considered my divorce decree? When a California divorce Judgment has been entered, there are two important documents. Judgment (FL-180) Notice of Entry of Judgment (FL-190) The Judgment has the details of the division of assets, debts, child support, custody, visitation, etc. If the parties sign a Marital Settlement Agreement, that is typically attached to and is a part of [...] By Sandra McCarthy|2021-03-15T09:08:19-07:00February 2nd, 2021|Divorce FAQs, Divorce Column 1, Top Divorce FAQs|Comments Off on What document is considered my divorce decree? Read More
How long does it take to settle an uncontested divorce? Most uncontested divorces can be resolved within 2 to 7 months. California family law requires a six-month period from the time the respondent is served with the court summons and divorce papers to allow a divorce to be finalized. This means a judgment for divorce can be entered six months from the day the respondent [...] By Sandra McCarthy|2021-03-15T09:08:28-07:00January 30th, 2021|Divorce Column 1, Top Divorce FAQs, Divorce FAQs|Comments Off on How long does it take to settle an uncontested divorce? Read More
How soon can a Judgment of divorce be entered in California? Once you file the divorce petition and serve it on your spouse, the earliest effective date of termination of marital status will be six months and 1 day from the date your spouse was served the divorce papers. The actual Judgment can be entered prior to this termination date and can be submitted to the [...] By Sandra McCarthy|2021-03-15T09:08:35-07:00January 30th, 2021|Divorce Column 1, Top Divorce FAQs, Divorce FAQs|Comments Off on How soon can a Judgment of divorce be entered in California? Read More
What is an uncontested divorce? An uncontested divorce is when both parties agree to the settlement terms of the divorce. This means that the parties agree on the division of assets, debts, child custody and visitation, child support, retirement benefits, and alimony. An uncontested divorce means there no issues in disagreement between the parties that require the court to resolve. By Sandra McCarthy|2021-03-15T09:08:44-07:00January 29th, 2021|Divorce FAQs, Divorce Column 1, Top Divorce FAQs|Comments Off on What is an uncontested divorce? Read More
What is the residency requirement for California divorce? The residency requirement for California divorce provides that at least one of the spouses has to have been a resident of the state of California for at least six months before filing the divorce petition. You must also live in the county where you file the divorce petition for at least three months before filing. If neither spouse meets [...] By Sandra McCarthy|2021-03-15T08:54:28-07:00January 28th, 2021|Divorce Column 1, Divorce FAQs|Comments Off on What is the residency requirement for California divorce? Read More
What happens at the first hearing in probate court? Although only about 20% of all probate filings get approved at the first hearing, if your case is one of the lucky ones and all goes well, the Order for Probate will be approved. At that point, the Court Clerk can issue the Letters. "Letters" is the document of authority that starts the probate timeline [...] By Sandra McCarthy|2021-03-17T14:10:38-07:00January 26th, 2021|Probate Column 1, Probate FAQs|2 Comments Read More
What are the steps for an uncontested divorce? In order for our office to provide the lowest cost of services to our clients, we have made every effort to streamline the legal process into several easy, defined steps to help you complete your  proceedings in the most efficient way. Here is what you should expect when using A People's Choice for your divorce, [...] By Sandra McCarthy|2021-03-15T09:09:25-07:00January 24th, 2021|Divorce FAQs, Divorce Column 2|Comments Off on What are the steps for an uncontested divorce? Read More