Divorce & Legal Separation
Getting a divorce or legal separation can be stressful and costly enough on its own, so our goal is to keep you out of court, keep the costs down and keep your case uncontested. Since we're not lawyers, we don't represent either one of you, and therefore we can work with and meet with both of you to accomplish your goals. A reasonable and affordable legal alternative to the high cost of attorneys to get a divorce, Capitol LDA Services can help you navigate through the confusing and complicated process of getting a divorce or legal separation.
Having an experienced person assist with divorce help may just make this difficult time a little easier. Unfortunately, divorce help can often run into 10's of thousands of dollars with attorneys. Engaging a neutral 3rd part, like Capitol LDA Services, will often get you all the divorce help you need at a fraction of the cost.
Getting a Divorce (Dissolution of marriage)
Divorce, or “dissolution of marriage” as it is commonly called in legal circles, can be a very difficult time in one's life. In fact, going through a dissolution of marriage is listed in the top five traumatic events that can occur in a person's life. Most people go through a range of emotions including anger, fear, rage, distrust, hurt, abandonment and the list goes on. You probably know of people who suffered the torments of hell going through divorce, and you also probably know people who pulled it off without much fuss. Why are some divorces sensible and others catastrophic?
One of the initial reactions that people have is to hire a lawyer. Why? Because they want to know where they stand legally. What happens with their children and child custody, what property rights they have, what about their pensions and retirements, their home, and so on.
So getting legal advice can be a wise move.
Do I need a lawyer to get a divorce?
As with most things in life, the answer is “it depends.” You must consider the various factors, including the personalities of the people involved, the importance of what's at stake, and sometimes on how much you rely on lawyers and courts to resolve troublesome issues. In general, the less you use the court, the less cost and heartache you'll have -- and in many cases, you'll get a better final result. But how do you avoid courts and lawyers?
Keep Divorce Lawyers From Feeding the Fire
When you're emotionally distraught or angry, turning all the details and hassle of a divorce over to a divorce lawyer may seem like a perfect solution. Unfortunately, it doesn't always simplify things.
Lawyers operate under a prime directive: the zealous pursuit of their client's interests. They are trained in what is called the “Adversarial System.” Remember, the longer your case takes, the more billable hours are charged. Every document prepared, every hearing, every phone call, are all billed against your retainer. You can easily spend $2500 to $10,000 for even a “simple case.”
Unfortunately, some lawyers make it a practice to be as aggressive as possible, and if your spouse finds a lawyer like that, you may have to fight fire with fire. In these cases, unfortunately, the battle can go on and on, intensifying in passion, until the clients run out of money and limp to the settlement table.
Worse, if there are children, the fight depletes not only your pocketbook, but also your children's sense of security. Once the legal fight is over, trying to establish a normal ongoing parenting relationship between both parents and the children can be very difficult.
When to Hire a Divorce Lawyer
You have enough money to FINISH THE PROCESS. Many lawyers will take a retainer or deposit, and once that is depleted, ask for another deposit. Nothing wrong with that, if you have it. If not, you may find your lawyer substituting out of the case and you left with an empty pocket and no resolution.
You may want to hire a lawyer if:
- Your spouse is abusive,
- Your spouse is dishonest,
- Your spouse is threatening to keep the children from you,
- Your spouse is selling or hiding assets,
- You and your spouse have a business or complicated financial holdings,
- Your spouse is vindictive,
- Your spouse is represented by an attorney.
MAKE DIVORCE DECISIONS BY YOURSELVES
In theory, at least, it's simple: You usually do best if you and your spouse work out the difficult decisions together, perhaps with help from a neutral third person, such as a mediator. In this way you keep control over such vital matters as how your children will be raised, what happens to the family home, and how your property will be divided. If you and your spouse can work these issues out yourselves -- and many, if not most, couples can -- you will save yourselves time, money, and anguish. More important, you will spare your children the ugly spectacle of extended parental fights, helping them come through the divorce as undamaged as possible.
If you are able to resolve the big questions of children, money, and property, you then just need to ask the court, in writing, to grant a divorce. In many states, and California is one of those, you don't even have to appear in court. Many courts now make it relatively easy for people to handle an uncontested divorce without a lawyer.
That’s where we come in. We can prepare all of the forms, including your settlement agreement and qualified domestic relations order all in the comfort of our Sacramento office. We rely on two qualities, RESPECT & REASONABLENESS. If you can do that, we can get you through this process and you may never see the inside of a courtroom.