Category: family law

13 Mar 2024

How to Choose the Right Legal Support Company

by Active Legal | in court filing, family law, service of process, small claims

Facing a legal situation can be overwhelming, especially when unfamiliar with the complexities of the legal system. While seeking counsel from qualified attorneys is crucial, partnering with a reliable legal support company like The Active Legal, located in San Diego, CA, can significantly enhance your legal experience.

This article equips you with valuable insights to guide you in selecting the right legal support partner for your specific needs.

Understanding Legal Support Services:

The Active Legal offers a comprehensive range of services designed to complement the work of attorneys. We specialize in:

  • Legal research and writing: Our skilled team assists lawyers with in-depth legal research, legal document drafting, and trial preparation materials.
  • Electronic discovery (eDiscovery): We manage the collection, processing, and review of large volumes of electronic data crucial for litigation, ensuring adherence to industry best practices.
  • Paralegal support: Our experienced paralegals handle administrative tasks such as case management, document filing, and client communication, freeing up valuable attorney time for strategic thinking and legal arguments.
  • Corporate legal services: San Diego businesses can benefit from our ongoing legal assistance, including contract review, compliance monitoring, and risk management.

Why Choose The Active Legal as Your San Diego Legal Support Partner?

At The Active Legal, we understand the unique needs of businesses and individuals in San Diego. Here’s what sets us apart:

  • Deep Local Expertise: Our team possesses in-depth knowledge of the legal landscape specific to San Diego, ensuring our services are tailored to your local requirements.
  • Experienced Professionals: We employ a team of highly qualified legal professionals, including paralegals, legal document specialists, and eDiscovery experts, all with relevant certifications.
  • Focus on Technology and Security: We leverage cutting-edge technology to ensure efficient and secure legal support services. Our secure data storage, advanced eDiscovery capabilities, and access to comprehensive legal research databases guarantee exceptional service.
  • Open Communication and Client Focus: We prioritize clear and consistent communication. You’ll receive regular updates and have direct access to a dedicated team member to address your inquiries promptly.
  • Competitive Rates and Flexible Fee Structures: We offer competitive rates and flexible fee structures to accommodate your budget. We believe in providing cost-effective solutions without compromising quality.

Additional Tips for a Successful Partnership:

  • Clearly define your needs: Before contacting The Active Legal, clearly articulate your specific requirements and the type of support you seek.
  • Schedule a consultation: We encourage you to schedule a free consultation with our team to discuss your situation, explore our services in detail, and answer any questions you may have.
  • Request references: We are happy to provide references from past clients in San Diego who can attest to the quality of our work and our commitment to client satisfaction.
  • Review service agreements carefully: We ensure our service agreements are transparent and clearly outline the scope of services, fees, and termination clauses.

Benefits of Partnering with The Active Legal:

  • Cost-Effectiveness: Leveraging our legal support services allows businesses and individuals in San Diego to access high-quality legal assistance at a reasonable cost compared to solely relying on attorneys.
  • Increased Efficiency: By delegating routine tasks to our team, lawyers can focus on core legal strategy and client communication, leading to a more streamlined legal process.
  • Enhanced Expertise: Our team’s specialized knowledge in various legal areas provides valuable insights and support throughout the legal process, ensuring you receive the best possible representation.
  • Scalable Solutions: We understand that legal needs can evolve. The Active Legal offers scalable solutions, allowing you to adjust the level of support you require as your situation progresses.

Conclusion:

At The Active Legal, we are committed to providing exceptional legal support services to businesses and individuals in San Diego, CA. By following the tips outlined above and choosing The Active Legal as your partner, you can navigate the legal system with greater confidence and achieve a successful outcome.

06 Sep 2022

Frequently Asked Questions About Serving Court Documents

by Active Legal | in court filing, family law, service of process, small claims

Reasons for being served papers?

A process server would only serve you documents because someone is suing you or you are a party in a legal proceeding.

This could be because of any of the following reasons:

  • A divorce
  • Child support
  • Small claims matter
  • Cease and desist letter
  • Request for payment
  • Or any other legal matter.

The process server’s job is to find you and serve you the legal documents, giving you notice of the legal action.

What happens if you never get served court papers?

It would be best if you didn’t try to avoid being served court papers purposely. 

If you don’t receive the court documents, or you don’t get them on time, you won’t be able to file an Answer by the deadline. As a result, The plaintiff will ask the court for a default judgment.

Can someone else accept served papers?

Papers must be “served” on any other person who is involved in the law suit or who the law requires get the papers. Many states require that this person be approved by the court.
After the papers are served, a Proof of Service form must be filled out and signed by the person who served the papers. The Proof of Service form must be filed with the court.

How to serve someone who is avoiding service?

In California, a person is served when they officially receive the papers.
But what happens if you are unable to serve the documents because the other party is avoiding you or avoiding being served?

It’s highly recommended that you hire a process server, this is a professional who is qualified and experienced with the legal procedures for serving court documents. Read more below to learn more about a server of the process.

If a copy of the legal papers can’t be delivered to the named defendant,
a summons may be served by leaving a copy with a competent person in the household, place of work, or business – even if they are not a party to the action.

Can you refuse to be served papers?

No, in California, a person cannot refuse to accept service. If he avoids the process server altogether, he/she is risking the court may enter a default judgment.

What’s is a process server?

A service of process, or simply known as process service, is a legal procedure in the United States, which declares all parties must be notified when facing legal action against them in a court of law or an administrative court. Process service is accomplished through the delivery of a set or series of documents describing the legal action. Examples of documents that comprise service of process include summonses, complaints, subpoenas , writs, and other court documents. These documents are delivered to the individual whom the legal action is directed by a process server. Service of process must be served by an individual who is not a party to the case.

The Active Legal is an experienced process server in San Diego, and North County. We are committed to our clients by offering an array of legal services in a fast, accurate, and efficient manner.

09 Feb 2022

6 Tips to help you get a friendly divorce

by Active Legal | in court filing, family law, service of process

I can’t stand it anymore! I’m getting divorced! Before reaching this decision and starting the divorce proceedings, it is crucial to reflect on the reasons why you want a divorce. Sometimes, couples therapy helps to avoid marital breakdowns.

1. Focus on the present and future, without looking for blame

While you are having a bad time, it is challenging to think about today and tomorrow, especially if the breakup has been traumatic. However, continually stirring up the past and looking for blame for the divorce does not lead to anything. It does not provide a constructive solution to the problem.

2. Give in sometimes so that you can gain peace of mind

To have a divorce without problems, you have to know how to give in and be clear that not all battles are going to be won. For this reason, you have to prioritize and fight only the essential battles.

3. Mutual agreement divorce: it is always the best option

Getting a divorce by mutual agreement is the best option. This favors a climate of dialogue and makes it easy and quick to divorce. Even more so in the event that there are children, since a more favorable environment is created and, in addition, it allows the new situation to be assumed better and more quickly.

4. Take a realistic look at your financial situation

The separation and distribution of assets is always a sensitive issue in case of separation. Therefore, it is very convenient to make a detailed and realistic list with all the shared finances (accounts, debts, etc.), as well as the economic needs that will be had later.

5. Have all the documentation in order

A divorce process requires several procedures, which implies having many documents in order. When more “paperwork” is arranged, the work of the lawyers who are in charge of the process will be easier.

8. Use good professionals: lawyers, mediators, and a service of process company

For the divorce to be a success, it is important to surround yourself with competent and prepared professionals. You have to listen to them, let yourself be guided by them -they are not emotionally involved and can see the situation more clearly- and not generate false expectations. Consider divorce mediation, the work of the mediators is also very important. They always try to make the two parties win without there being a loser.

Contact The Active Legal today to get help with filing and servign the divorce papers. While getting a divorce is one of the most challengin situations in your life. We have years of service of process experience in San Diego and are ready to serve your needs.

18 Jan 2021

Tips to help you file for Divorce in San Diego, California

by bj | in family law

The process of filing for a Divorce in the United States may vary depending on which state you live in. However, all states have the following characteristic: an individual can request a divorce without proving that the partner is at fault, that is, as it’s often mentioned, a no-fault divorce. 

In this article, we will talk specifically about divorce in San Diego, California and learn about different things that you need to keep in mind when you decide to file for a divorce. 

Why is it important to learn about divorce laws in California? 

Suppose you are a resident of San Diego and want to get divorced. In that case, you need to understand that California’s divorce process is not necessarily the same as in neighboring States. 

If you decide to file for divorce on your own, you must visit the Family Law Court website for information about the proper steps and guidelines to complete your divorce.

Forms of representation 

There are many ways to have your interests represented in the divorce process; let’s go to them: 

Represent yourself: 

You can represent yourself; however, we don’t recommend it, particularly if you have children. An experienced family law attorney will be better equipped to handle child support, visitation, and spousal support.

The following scenarios are ideal for individuals who want to self represent themselves:

  • You are comfortable filling out court forms.
  • You have a relative knowledge of the laws of the State of California as it pertains to the divorce process.
  • There is not much property to be divided.
  • Your partner does not hire a lawyer T
  • There are no children. In this scenario, there would not be much to be discussed (Guard of the children, division of assets and etc.). 

Hire a mediator: 

Hiring a mediator is a better option than the previous one. This is ideal for cases when the couple continues to communicate in a respectful and friendly atmosphere. In this case, the idea is to reach an agreement without going to court. 

Hire an attorney: 

This is the best option when children, wealth, and other important issues are involved. 

If there is a dispute over child custody, over the division of the estate, infidelity, or anything that could make the divorce a faulty process, the presence of an attorney for both parties is necessary. 

Property Division

Property division in the state of California, property accumulated during the marriage is considered marital property, meaning the value of the property is assumed to be divided equally. Premarital property is deemed to be individual and is not subject to division. 

The state of California allows the couple to decide how the property will be divided; however, a Judge is always necessary to formalize everything. 

Entering the divorce process 

To enter the divorce process in San Diego, California, it is necessary that at least one of the parties has lived in California in the last six months and lived in the county where he/she lives for at least three; otherwise, the divorce process cannot take place in California. 

Filling out forms and entering the process 

Divorce forms are relatively intuitive and easy to fill out; however, an attorney’s help is always welcome. There are sites on the Internet that locate the family law court closest to where you live.

After you have completed the necessary forms, it is required (legal obligation) that you provide copies to the other party. We recommend that you do this by hiring an agent for service of process.

Waiting for the answer

 If you have started the divorce process, the responding party has 30 days to complete the response and return it to you. 

Financial information 

After the petition has been fulfilled, it is necessary for you to gather financial documents and fill out a few more forms. At this time, the help of an attorney is imperative. 

Completion of the divorce process 

The steps for finalizing the divorce process depend on the response that the other party gives to the petition. The best possible scenario is when there are an answer and an agreement, in which case the divorce is considered indisputable, requiring only the fulfillment of some bureaucratic stages. 

In case of no agreement answer, the divorce goes to court. In this situation, both parties will need lawyers to represent their interests. Important decisions about the custody of children, the estate division, etc., will be made by the Judge. Obviously, the Judge’s decision is not final and can be reviewed; even the party that felt harmed by the decision can appeal.

30 Sep 2019

Steps for getting a divorce or dissolution of marriage in California

by Active Legal | in family law
Steps for getting a divorce or dissolution of marriage in California

Getting a divorce or dissolution of marriage as it’s also called in California, can be a very complex matter, depending on wether the couple has assets and minor children, we recommend getting legal advice from a divorce attorney. This article is an overview of some basic steps for filing for divorce in California.

Step 1. Protect Yourself, Your Children, and Your Property

If you think your spouse might become violent, or kidnap the children, or take money from bank accounts or conceal other property, there are ways to protect yourself. This might involve a court order to prevent domestic violence, notifying childcare providers or schools that a child should only be released to you, or securing a passport for your child to prevent removal from the country. You can get a court order preventing the disposal of assets, or secure them yourself (just be sure to account for them, since you don’t want your spouse to claim that you illegally took them).

Step 2. Make Sure You Meet Residency Requirements

To file for divorce in California, you must have been a resident of California for at least six months, and of the county where you will file for at least three months.

Step 3. Gather Information

For the California divorce process, you will need to show—for both you and your spouse—how much you earn, what you own, and what you owe to creditors. Make copies of important documents, such as bank and investment statements, mortgage and loan documents, credit card statements, pay stubs, W-2 forms and tax returns, deeds, vehicle titles, life and health insurance documents, and utility bills, and make sure you have your spouse’s Social Security and driver’s license numbers. You will also need to estimate your monthly living expenses.

Step 4. Decide If You Need Temporary Alimony or Child Support

You will need to support yourself, and possibly your children, during the divorce process. This can be done with temporary spousal support and child support orders, which will require completing and filing additional forms.

Step 5. Determine Which Procedure to Use

California has a traditional dissolution of marriage procedure and a summary dissolution of marriage procedure. To qualify for the summary procedure, you must meet the following requirements:

  • You and your spouse agree to the divorce.
  • You do not have children.
  • You were not married for more than five years before separating.
  • You don’t have real estate, and only have a residential lease that expires within one year of filing and does not include a purchase option.
  • There are no debts over $6,000, other than auto loans.
  • Community property has a value of less than $41,000, and each party has no more than $41,000 in separate property, not including autos and encumbrances.
  • You and your spouse have a written agreement dividing the property and debts, and have executed required title transfers.
  • You and your spouse waive your right to spousal support, and rights to appeal and to ask for a new trial.
  • You and your spouse have read a brochure about the summary procedure.

If any of these requirements are not met, you will need to use the regular procedure.

Step 6. Prepare the Necessary Forms

The official California divorce forms may be obtained from the court clerk, various online sources, or from publications at your local library. You will need to file a Petition for Dissolution of Marriage, as well as financial disclosure forms. If you are using the summary procedure, there will be a separate set of forms. If you have minor or dependent children, there also will be forms relating to child custody and child support.

Step 7. File Your Forms

Take your completed forms to the clerk’s office of the Superior Court. You will need to pay a filing fee.

We recommend that you hire the services of a professional legal support company for this the court filings and the service of process, when the documents will be delivered to your spose.

Step 8. Notify Your Spouse

Your spouse must receive proper notice of the divorce having been filed. This is done in one of three ways: (1) your spouse signs forms that show he or she is aware of the proceedings (in the summary proceeding your spouse will also sign the Petition); (2) your spouse is legally served with copies of certain court papers; or (3) a proper legal notice has been published (if you are unable to locate your spouse).

Step 9. Attend Court Hearings and Provide Additional Documents

Unless you use the summary procedure, there will be at least one court hearing. You might need to provide other documents that the judge requests. One form to be prepared is a Judgment of Dissolution of Marriage for the judge to sign, thereby making the divorce final.

Step 10. Wait for the Judgment

There is a California divorce waiting period of six months between the time the Petition is filed and the time the Judgment of Dissolution of Marriage is “final.” Both you and your spouse will be sent a certified copy of the Judgment.

01 Aug 2019

The Legal Aspects of Getting Separated

by Active Legal | in family law
The Legal Aspects of Getting Separated
Many people view legal separation as a step toward a divorce and, while it may be that, it is also an important legal process in its own right. Therefore, it is important for couples to understand their rights and the legal effects of their separation.

Issues that Can be Addressed in a Legal Separation

A married couple may decide to separate or live apart at any time without permission of the court. However, when the couple announces their intent to live apart to the court, then they are seeking a legal separation. Since a legal separation is a court proceeding, there are matters that may be decided by a judge. For example, issues such as child custody, child support and spousal support are commonly decided in legal separations. However, it is important to note that all of these things may be revised, or retracted if the couple seeks a divorce.

Differences Between Legal Separations and Divorces

The parties involved in a legal separation are legally bound to comply with the terms of the court order, however they are still considered to be a married couple because they do not have an official divorce decree.
Furthermore, a legal separation is often ordered without any delay on the part of the court because the consequences of a separation are not permanent. In many states, couples who seek a divorce may only be granted a divorce after they have gone through a waiting period. The waiting period is meant to ensure that the couple truly wants to be divorced and to end their marriage. Since a separation does not end a marriage and may be revoked with the mutual consent of the spouses, no waiting period is necessary.
Separations are often sought by couples who no longer wish to live together as husband and wife but who want to maintain certain benefits of marriage such as tax benefits, social security benefits,  or pension benefits, by couples who are religiously opposed to divorce, and by couples who are unsure about whether to file for divorce.

How to File for a Legal Separation

A legal separation is an important legal proceeding that can have an immediate impact on your life and may influence divorce proceedings. Therefore, it is important to consult with a family law attorney before filing a legal separation. Start online with the CA state bar attorney search website. Your lawyer will help you file a petition or legal separation with the court that will include how you want financial and child custody matters handled during your separation. If your spouse has no objections than the court will likely grant the separation. However, if your spouse objects to the separation or to the terms of the separation than a hearing will likely be held before the separation is granted unless both spouses agree to work things out privately or to seek the help of a mediator. Once both spouses agree and sign the separation agreement it will be approved by a judge, filed with the court and the parties will be legally separated and bound by the terms of their separation agreement.

Seek the help of  an Experienced Family Lawyer and a Service of Process company

The Active Legal has many years of experience dealing with court research and proceedings. We can help you retrieve or file the legal separation papers. Visit our website https://theactivelegal.com or call us at (619) 233-1478