09 Feb 2022

6 Tips to help you get a friendly divorce

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.

01 Nov 2021

How to serve legal documents in California?

What Is Service?

The law says that when you sue a person, partnership, corporation, or the government, you must give formal notice to the other side that you have started the legal process. In the same way, when you are already involved in a case and file papers with the court, you are required to give the other side notice of the paperwork you have filed. The legal way to give formal notice is to have the other side “served” with a copy of the paperwork that you have filed with the court.

“Service of court papers” means that the other side must get copies of any paper you file with the court.  In “service” a third person (NOT you) is the one who actually delivers the paperwork to the other side.  The person who does this is called the “server” or “process server.”

Personal Service
“Personal service” means that someone – NOT a party to the case – must personally deliver the court documents to the other side.

In “personal service”:

  • The server gives the papers to the party being served. It can be at the party’s home, work, or anywhere on the street.
  • The server has to identify the party being served and hand the legal papers to him or her and inform him or her that they are court papers.
    • If the party being served does not want to take the papers, they can be left on the ground in front of him or her.  If he or she takes the papers and tears them up or throws them away, service is still considered to be valid. The person being served does not have to sign anything.
  • The server then fills out a proof of service, detailing when, where, and how (in person) the papers were served. The server signs the proof of service and returns it to you to file in court.
  • Personal service is complete the day the papers are served.

“Personal service” is the most reliable type of service because the court knows for sure that the person being served got the papers and, if necessary, can question the process server about the “service.”

Since it is the most reliable, “personal service” is valid in all types of case.  Also because it is so reliable, it is generally required when serving the first papers (the petition or complaint) in a case.

Serving Court Documents

Serving papers on another person is an official handing over of documents. Papers must be “served” on any other person who is involved in the law suit or who the law requires get the papers.

This lets the person(s) in the case know what you are telling the court and what you are asking the court to do.

If the papers are not served in the correct way at the correct time, the court cannot go forward with the case.

A person is served when they officially receive the papers.

Papers which start an action (Summons, Petition, Request for Order, etc.) must be filed first and then served on the other person(s).

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.

Using The Active Legal to serve legal documents is easy. Start by getting informed with some of the most common questions regarding Service of Process, or call us today to hire a professional server of process in San Diego.

03 Nov 2020

San Diego California Registered Process Server

It is our commitment to provide the best service, The Active Legal is recognized as of the top registered Process Server in San Diego due to our dedication and unmatched services that we provide across San Diego county.

There are many benefits for yourself when you hire a Professional Registered Process Server in San Diego, California. Give us the opportunity to show how fast and efficient we can be. It only takes a phone call or an email to get started for your personalized full-service legal support. When you are looking for self-representation and need a process server look no further! We want your business, The Active Legal team provides a broad spectrum of comprehensive legal support services at an unparalleled level of quality.

Our goal is to help attorneys and individuals save time and money by providing an affortable and efficient service of process and court filings among many other legal support services at the lowest possible rate.

Some examples of legal documents where you may use The Active Legal professional process servers are:

  • Summons & Complaints
  • Record & Personal Subpoenas
  • Small Claims Cases
  • Restraining Orders
  • Writs – Bank Levies
  • Notices to pay or Quit
  • Wage Attachments
  • Cross-complaints – Evictions
  • Pleadings – Motions
  • Correspondence – Discovery
  • Order for Appearance and Examination

Additional Services that we offer:

  • Daily Court Filing Service
  • Rush Court Filing Services
  • Court research Services
  • Messenger Service
  • Skip Tracing & Stake Outs

 

06 Dec 2019

What is an Agent for Service of Process?

What is an Agent for Service of Process?

Before you form a corporation or limited liability company, you’ll need to choose an agent for service of process.

The term sounds like complicated legal jargon, but the concept is really quite simple. An agent for service of process is a person who receives lawsuits and other documents on behalf of your business. Depending on the state where you live, the agent may also be referred to as a registered agent or statutory agent.

What Does “Service of Process” Mean?

If someone sues your business, he or she must notify the business that a lawsuit has been filed. Every state has laws that describe how that notice must occur. For example, in some states, a copy of the lawsuit must be personally delivered by process servers, while in other states it must be mailed by the court clerk. The person who delivers the lawsuit makes a record of the date of delivery, or “service,” and this determines your deadline for filing a response.

Delivery of the lawsuit is known as service of process. “Service of process” can also refer to delivery of other legal documents, such as subpoenas requiring you to testify in court.

Why Do I Need an Agent for Service of Process?

If someone sues your corporation or LLC, they need to know who to serve the lawsuit, or “process” upon. And as a business owner, you need to know that if your business is ever sued, you will actually receive notice of the lawsuit. You wouldn’t, for example, want a lawsuit delivered to a part-time teenage employee who’s about to quit.

For this reason, every state’s laws require each business entity to designate a person or company that will accept service of process for the business in that state.

You are required by law to have an agent for service of process in the state where your business was formed and in each additional state where your company is registered to do business.

What Does a Registered Agent for Service of Process Do?

The registered agent is responsible for accepting legal documents that are served on your business. The agent must then forward the documents to the appropriate person in your company.

The agent’s name and address will appear on your business entity’s public records. As a result, the agent may also receive notifications from the secretary of state and taxing authorities. The agent must also forward these notifications to you.

If the agent’s address changes, you must make sure the agent’s address information is updated with the state. Your business may be subject to penalties if it fails to maintain a registered agent.

Who Can Provide Registered Agent Services?

A registered agent must have a street address in the state where he or she is acting as agent – not just a P.O. box. Some states call this the “registered office.” The agent must be available at that address during normal business hours.

Most states allow anyone aged 18 or over to act as agent. You can choose an owner or employee of your business as your agent. You can also name an outside person such as a lawyer, or a business entity that provides registered agent services.

Who Should I Choose as My Registered Agent?

The registered agent has an important job, so the person or entity you select should be responsible and trustworthy. Although you can save money by acting as your own agent, there are instances where you might prefer to hire someone else to do the job. Here are some things to consider:

  • The agent must be available during normal business hours. If you are not usually in your office during the day, you should choose someone else as agent.
  • If you or one of your employees act as your agent, you may suffer the embarrassment of having a process server deliver court papers in front of your customers and employees.
  • The registered agent’s name and address appear in your corporation or LLC’s public records. If you have privacy concerns, you may prefer to appoint someone else as agent.
  • If you do business in more than one state, you will need an agent in each state. For consistency, you may find it easier to hire a registered agent company to provide this service in all states.

A registered agent is a necessary part of any business entity’s operating structure. By choosing a reliable agent, you ensure that you are promptly informed about legal actions and official correspondence so you can take the proper steps to respond.

30 Mar 2018

Legal steps to file for separation or divorce by mutual agreement in California

Legal steps to file for separation or divorce by mutual agreement in California

A legal separation or divorce is without any doubts a very stressful and difficult situation for many married couples in California, yet every year thousands of spouses seek the help of a “documents preparer” for assistance with their divorce case because they don’t know the necessary steps to prepare or serve their divorce papers.

Legal steps for filing for divorce in California

Let’s remember that California law allows for a “no fault” divorce, which means that in the state of California the spouse asking for a divorce doesn’t need to prove any wrongdoing by the other spouse. A typical divorce case could last 6 months from start to finish and you can consider yourself completely divorce and legally able to enter into a new marriage only when you receive the final divorce certificate carried out by the judge who proceeded your case.

The first step to carry out when an individual decides to file for divorce is to deliver the “Summons and Complaint” to the spouse. This will inform your spouse that you are asking for a divorce. It’s important to hire a legal courier service or service of process company or a trustworthy third party who can deliver the Summons because the party requesting the divorce is not allowed to serve these papers.

There are two ways to present your divorce case: by mutual agreement or contentious, the latter will be when the spouses don’t reach an agreement regarding some of their assets, child support, custody, etc. However, the divorce by mutual is very common and most people can carry out the entire divorce papers by themselves.

Let’s review some of the steps for filing for a divorce by mutual agreement:

The divorce proceedings start when you file your divorce with the local family court. The law requires the following documents to accompany the petition:

  • Certificate of marriage
  • Birth certificate of children (if any)
  • The proposal for an agreement
  • The final agreement reached between the couple.

It is very important to work with your spouse to find common ground and work together or even with the assistance of an attorney to create and finalize the proposal for agreement.  The proposal will dictate a lot of the responsibilities for each spouse towards each other and their children after the divorce, it will include some of the following terms:

  • Child custody and visitation: who will be the primary guardian of the children, who has rights to visitation as well as a visitation schedule.
  • Visitation and communication with their grandparents.
  • Who will be keeping the assets acquired during marriage such as home, cars, furniture, appliances, etc.
  • Who will be responsible for the debt acquired during the marriage.
  • Child support: usually through the monthly payment for the care, health, food and education of the children.
  • Spousal support: this usually occurs when the husband or wife have to make monthly payments for a certain number of years to the other spouse who has suffered an illness or in the case that this spouse has dedicated to the care of the home and children, without being able to take a paid job during their marriage.

After the agreement is complete and presented to the court in California, a judge will have ten days to notify the parties. If the agreement is not missing important information, the court may render a judgement of divorce and approve the agreement, making it an official order which both parties must abide after the divorce.

 

 

19 Jan 2018

How To Serve Divorce Papers

How To Serve Divorce Papers

If you filed the divorce papers, you must serve (give) copies of your court papers to your spouse but you need to make sure you follow the legal procedure to deliver all divorce paperwork.

There are special guidelines and strict deadlines on how to serve the divorce papers. Not following them may bring as a consequence a delay on your divorce or even a fine.

What kind of documents have to be delivered to your spouse?

The first papers that are to be delivered legally to your spouse are:

  • Summons and Complaint (usually called the “Summons”)
  • Any other paper or document that you will present in court in relation with your divorce

It’s very important that the summons be delivered to your spouse within 90 days or your divorce case will be dismissed.

Can I serve the papers myself?

No. There are several ways to do the service of process legally, but you may not be the person who delivers them. You can ask a family member, a friend or pay a courier service business to act as the server. The person must meet the following requirements:

  • Be at least 18 years old
  • Not involved in your divorce case

What does the person doing the service of process do?

The person who serves the divorce papers has to:

  • Give a copy of your court papers to your spouse personally
  • Fill out and sign the Proof of Service on the back of a copy of the citation form and give it to you

You don’t need to hire an attorney to do this, it’s much cheaper when you retain the services of service of process, particularly when you take into account the cost of a divorce and how much attorneys cost.

Can you send the divorce papers by mail?

Yes. You can send them by registered or certified mail and restrict the delivery to your spouse and delivery confirmation. Keep in mind this type of service will only work if your spouse accepts the delivery of the registered mail. We strongly advise to contact a legal courier service and ask about their service of process before you attempt to send the divorce papers via mail.

How do I make the delivery of the other papers presented in the court?

The only papers that are important to be delivered in person and that you can’t deliver yourself to your spouse are the divorce Summons and the first divorce papers. Once you have completed that part you can deliver any other Court documents in person or any other way you prefer, for example, you could:

  • Send a copy of the documents to the last known address of your spouse
  • Hand deliver the documents to your spouse in person
  • Deliver a copy of the documents to any adult who lives at your spouse’s place of residence
  • Hire a legal courier delivery service to deliver the documents for you

The person who delivers the papers has to fill out and sign a copy of the Proof of Delivery and indicate which documents were delivered.