Divorce, Legal Separation and Annulment
Divorce, Legal Separation & Annulment (San Luis Obispo and Santa Barbara Counties ONLY)
Divorce
A dissolution of marriage (more commonly known as divorce) terminates the marriage of the spouses and resolves issues between them, including child custody, visitation, child support, spousal support, asset and debt division, former name restoration, and even restraining orders. No court appearance necessary if both parties are agreeable.
Legal Separation
A legal separation is similar to a divorce in terms of the range of issues that are resolved in the case, except that the parties remain married to each other. Because the parties remain legally married, neither party may marry someone else until a full divorce is filed. No court appearance necessary if both parties are agreeable.
Annulment
An annulment is a proceeding to declare a marriage void and not legally valid. A court appearance is necessary for most Annulment cases.
PINK Legal Service Fees
DOCUMENT PREPARATION:
- Service Fee – $1,950 (“no” minor children) and $2,250 (“with” minor children)
- Preparation and processing of all court forms. Also, includes the typing of your settlement agreement. Client to provide details of the agreement.
- No client court appearance or involvement necessary.
- Plus, Court File Fee or Court File Fee Waiver (must qualify—low income or government assistance)
- If you need, want, or require help with your agreement with coaching, mediation and/or settlement discussion services available. See below.
ADDITIONAL SERVICES/FEES:
- Communication with Spouse to Explain Process – $150 (phone or virtually)
- PLEASE NOTE: Additional fees may be charged if your matter becomes contested.
Divorce Process Overview
- Complete questionnaire—email, over the phone or in-person.
- Contract and PINK Legal service fee due.
- Initial documents prepared (Summons and Petition.)
- Initial documents reviewed, signed and filed with the Court—Court file fee or Fee Waiver due.
- Client will receive a filed copy, plus a copy to be personally served on spouse. This is client’s responsibility. Once spouse is served, a mandatory waiting period begins (varies depending on the type of separation.)
- Client to complete and return an Income and Expense Declaration. This is a mandatory court requirement.
- Marital Settlement Agreement (or “MSA”) prepared, reviewed and signed by both parties(if applicable). NOTE: An MSA divides property, assets and debts of a marriage. It spells out the rights of both parties, and settles issues of child custody/visitation and spousal/child support.
- Final documents prepared (Judgment), reviewed by client and then submitted to the Court for the Judge’s signature and Order.
- Client to follow-up with the DMV, Social Security Administration and other licensing boards to change name (if applicable).
- Client to consider a Living Trust/Estate Plan/Will and Powers of Attorney documents. At minimum, make sure beneficiaries are updated.