Services

The most commonly asked questions involve what I do and what I charge. I primarily handle uncontested divorces and most family law cases. I also handle child custody, visitation, support, legal guardianship, name changes and Small Claims cases.

Divorce related fees

An uncontested divorce will run somewhere between $400 to $500 plus court costs. The court filing fee is $395 unless you are low income and qualify for a waiver. This fee is subject to change. There are other fees involved such as a $40 fee to attend a mandatory co-parenting workshop if your case involves children. This fee is also subject to change. You might need to hire someone to serve the papers for you. These fees are all approximate, and it is best to contact me for more details. For me to handle a typical uncontested divorce will usually cost less than $1,000 including my fee, the court fee and other fees. Some cases cost more because the other party has to pay a filing fee. This often happens in cases where there is a retirement pension to be divided by a Qualified Domestic Relations Order, most likely a government pension such as Public Employees' Retirement System or military retirement. These cases can cost significantly more because in addition to another $395 filing fee, there are additional fees. If the retirement plan division is complicated, you might want to consult an attorney. Each case is different, so contact me to discuss the specifics. Any fees mentioned in this section are not a firm offer to provide services. Services are offered when I and you sign a contract required by the California Business and Professions Code which contract has been issued by the California Department of Consumer Affairs.

Child custody cases that are not related to a divorce are slightly different. These cases vary. The fee is the same as a divorce except that some cases cost less such as a modification of child custody that is agreed to by the parties. Other cases involve simple motions for one issue or another.

Child support cases vary depending on what is required. Some involve filing fees, and some do not. Call me for more details. Child support cases are usually less than divorces. Some do not require filing fees. Please note that if you are having difficulty with child support, the Department of Child Support Services offers free assistance with child support.

In all of the above cases, it is best to call me and discuss the specifics, so I can give you an accurate quote on the price. According to California law, when you hire me I must have you sign a standard contract that spells out the limitations of my services and the fees that I charge. This protects you, the client, because you will know what the fees are. I rarely charge by the hour, and when I do, I put a cap on the fee, so you know what the maximum fee will be. If a case becomes more time-consuming and complex than originally thought, you must approve, in writing, any additional fees.

Guardianship

Guardianships of minor children are often filed by grandparents, relatives or others seeking custody of minor children when the parents are unable to care for their children for a variety of reasons. I only handle guardianships of the person as opposed to the estate (where you would seek to manage a minor's finances). A petition for guardianship of a minor person qualifies for a reduced court filing fee. My fee for preparing the documents depends on how many children are involved and whether one or more parents need to be served the papers as opposed to agreeing to the guardianship by signing a waiver. Call me for more information. If you think your guardianship might be contested, I can refer you to an attorney. If you are a parent who has children who have a guardian appointed through this process, and you want to regain custody of your children, you can petition the court to terminate the guardianship. I handle these situations as well, but if the guardians oppose the termination, you might want to consult with an attorney.

Probate

I handle probate cases for estates where the heirs or beneficiaries are in agreement. Probate court filing fees can be substantial because each petition requires a separate court filing fee. Probate cases also require publication of a notice in a local newspaper. Court filing fees and publication fees alone will run over $1,000. I do not charge based on a percentage of the estate. I charge depending on the complexity of the case. Probate cases are the most expensive cases I handle. As in any case, if you feel your case is complicated, contact an attorney. If one or more heirs is challenging the will or there is general mistrust among heirs, you should seek legal advice before you proceed. If you have a probate case where the estate is less than $100,000 in value, you might qualify for a procedure that does not involve court proceedings. I can provide you with the forms for this as well as information written or approved by an attorney that can explain the process. Contact me for more information.

Conservatorship

Conservatorships involve an adult who is unable to care for him/herself and/or handle their finances due to a variety of reasons. If you are seeking to be a court-appointed conservator for an adult, I do not handle these, but a colleague of mine in Santa Cruz does. She is located in Santa Cruz and can handle your case for you in Monterey County. You can contact her through her website.

Small Claims and routine civil documents

Small Claims lawsuits involve amounts up to $7,500 filed by individuals and to $5,000 filed by businesses. These forms are relatively easy to fill out and file. I do assist with these cases, and you will most likely need a process server to serve them. The process server I use can file and serve your papers for you. Her contact information is below. I also assist individuals with routine civil answers to lawsuits. The most common is an answer to a civil lawsuit filed against someone by a bank, credit card issuer or collection agency. Many of these are filed for collection of unpaid credit card debts or medical and hospital bills. These lawsuits are common in a bad economy. Filing an answer to this kind of lawsuit may buy you some time to negotiate a settlement for less than you owe or give you time to pay it off. If you are overwhelmed with debt, you may want to talk to a Bankruptcy attorney about your options.

Real estate deeds

I assist with the preparation and recording of real property deeds in California that are not involved in a real estate sale handled by a real estate professional and title company. The kinds of deeds that I typically assist with are when a divorcing couple want to remove one spouse from the title. Other situations involve changing the name on a deed such as when a woman changes her name after divorce or upon marriage. If you wish to add someone to your deed as a joint tenant or to convert title to your deed to community property or some other form of legal ownership, there could be tax consequences involved. You should contact a Certified Public Accountant and/or an estate planning attorney to discuss how title to real property can affect the tax basis of your property. I have self-help legal materials in my office that you can consult for more information.

Bankruptcy

I no longer prepare Bankruptcy petitions. I can refer you to someone who does as well as attorneys who do. Call me, and I can go over it with you.

If you are thinking about working out a settlement with your credit cards where you pay a lump sum payment less than the balance due, I can help you with that. Many services advertise on the radio and television. These services draw many complaints because the process is more complicated than it appears. I have worked with people to help them settle their debts. It is not an easy process because it requires more money than people think. Each credit card company is different. Some will settle for 50% while others want more. Some will settle for less. Others will sue you right away and then negotiate. I can help steer you in the right direction if you want help settling your debts as opposed to filing for Bankruptcy. Keep in mind that it is not a cheap process because creditors require money in a lump sum. You do not need to hire a debt consolidation company to do it. This will end up costing more in the long run. You can also contact Consumer Credit Counseling Service to consolidate your debts into one monthly payment. Creditors are often willing to lower interest rates. Using this route, you will end up paying the balance in full as opposed to settling the debt.

Process Serving and Court Filing

If you need a process server to serve a summons, order to show cause, small claims or other papers, contact Laurie with As Quick As A Wink Process Server. She can also be reached by phone at (831) 383-2344. I have been using her for over two years for all of my process serving needs. She also handles court filings at the Monterey Courthouse. She is available for court file research in case you need a document copied from a file. Contact her about rates and turnaround time.