San Diego Legal Documents

Modify Custody (and Modify Support)

Many people are not aware that they can go to court to modify custody or modify support.  If circumstances change, either parent may petition the court for a change in custody or support.  The State of California Child Support Services offers a guideline for support based on both parties income and percentage of time with their child.  The State website provides the information through a few simple steps.  Modification of custody or support can be lengthy, especially if the other parent does not agree.  San Diego Legal Documents specializes in assisting parents in coming to an agreement through mediation, or preparing and filing, on an expedited basis, if needed, the request for modification so a hearing date can be set as soon as possible.  Our office offers free consultations for any family law situation.  We also are experienced in corporate formations, unlawful detainers, bankruptcies, and small claims.

Our goal is to provide the most beneficial outcome for all parties involved.  We work with family therapists, attorneys, financial analysts, and real estate brokers to ensure all of your needs are met.  San Diego Legal Documents is a locally owned company that can provide legal services at a fraction of the cost.  We look forward to hearing from you.

By |July 21st, 2016|Parenting|Comments Off on Modify Custody (and Modify Support)|
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    Why Use a Legal Document Preparer or Attorney when I Can Just Use LegalZoom?

Why Use a Legal Document Preparer or Attorney when I Can Just Use LegalZoom?

We have heard this question many times – “Why can’t I just use LegalZoom?”  With LegalZoom or any of the online legal document preparation services, you just enter your information and it produces a standard legal document, that may or may not be suitable to your needs.  How do you know if it is the document you need?  How do you know that all the necessary language is there?….The answer is – you don’t.  Without a properly trained individual, that you can discuss your needs with, you will just assume this online service is able to accommodate all of your needs.  What if there’s a mistake?  What if something is missed?  You certainly did not pay the online service to find those.  Unfortunately that often happens after the fact when something is rejected or you get a letter from the State that you missed a filing.  At that point, you then have to pay someone to do it all over for you.

LegalZoom resorts to providing only general information on legal issues commonly encountered, and offers guidance in some instances by indicating that a majority of its customers have answered a question a certain way.  The problem is that everyone’s situation is unique.  Just because the majority of customers have answered a question a certain way, for example, doesn’t necessarily make it right for your individual circumstances.  On December 18, 2009, LegalZoom was sued in the 19th Judicial Circuit Court in Cole County Missouri for engaging in the unauthorized practice of law (see Janson v. LegalZoom complaint).  Is that really who you want providing legal services to you?

The difference between using LegalZoom and a legal document preparer or assistant (“LDA”), is that the LDA knows exactly [...]

By |July 14th, 2016|Family Law|Comments Off on Why Use a Legal Document Preparer or Attorney when I Can Just Use LegalZoom?|

Positive Parenting Through Divorce

Parenting through divorce may look quite different than parenting as a married couple. Divorce is a very challenging time, not only for you but also for the whole family, especially your children and the most difficult part may be to keep parenting through divorce as positive as possible. As the emotions are flying high, the balance and self esteem of your children is at stake. The way the situation is handled will be a determining factor in their protection.
Parenting through divorce
What are the best ways possible to be positively parenting through divorce?
Never lose sight of your goals. Take care of the two major aspects of this difficult experience:

The legal and financial aspect.
The emotional aspect.

Taking care of both of these important issues will determine a positive outcome, a better future for yourself but especially your children. Today it is so widely recognized that divorce is the source of such emotional distress that you can even find Court-approved online classes and seminars specializing on the issue. Fear of the future, guilt and resentment are the main emotions that have to be dealt with before, during and after the divorce proceedings.
Who can help you parenting through divorce?
When choosing your divorce firm, make sure that your legal team will be composed of:

A child psychologist and/or marriage and family therapist and/or divorce coach
A financial advisor specialized in divorce, bankruptcy and family law.

As you go through this very difficult time of your life, your main concerns are to ensure a positive parenting in order to keep your children as stress-free as possible and provide a better future for them as well as for yourself. In order to do so, keeping a positive [...]

By |June 23rd, 2016|Parenting|Comments Off on Positive Parenting Through Divorce|

What is San Diego Legal Documents?

San Diego Legal Documents is group of individuals that provide services in the form of legal document preparation for those “do-it-yourself” types that are pursuing some type of legal action, whether that be family law, a civil action, an eviction, etc.  We are experienced paralegals that have registered with the County of San Diego to prepare legal documents for individuals that represent themselves.  We work closely with attorneys, when needed, for document review or legal advice, however the fees we charge are much less than that of an attorney.
We also offer mediation services with licensed clinical social workers, attorneys, and a certified divorce financial analyst, if needed.  Our goal, in divorce, is to keep both parties as financially and emotionally whole as possible, so the transition to being single is a bit more seamless.  Of course, children are the number one priority and we have excellent resources to assist with parenting plans and any issues concerning child custody.
If you think any of these services may be right for you, please do not hesitate to contact keeley@sdlegaldocs.com or nichole@sdlegaldocs.com for additional information.
We look forward to providing you with the best service in town!
 

By |May 5th, 2016|Family Law|Comments Off on What is San Diego Legal Documents?|

Qualified Domestic Relations Order (QDRO)

What is a QDRO?

What is a Qualified Domestic Relations Order?  (Otherwise known as a QDRO [pronounced Quad-row] on the street.)  And more importantly (because let’s be honest, you don’t really care, except for the fact that you need one) why do I need one?  According to the United States Department of Labor:
“A ‘qualified domestic relation order’ (QDRO) is a domestic relations order that creates or recognizes the existence of an alternate payee’s right to receive, or assigns to an alternate payee the right to receive, all or a portion of the benefits payable with respect to a participant under a retirement plan, and that includes certain information and meets certain other requirements.”  [ERISA § 206(d)(3)(B)(i); IRC § 414(p)(1)(A)]
This is why we all hate lawyers, right?  Translated into English, this is saying that a QDRO enables someone, who is not the person who owns the account, to receive, among other things, money from the plan, as long as certain requirements are met.  Now for you kinetic learners out there, here’s a real-life example.  Mrs. (soon to be Ms.) Smith has a 401(k) thorough her employer (yes, I am a feminist.)  Mrs. Smith, and only Mrs. Smith can be on the account, have access to the money, and decide what she wants to do with the money, that’s how all 401(k)s work.  Mrs. Smith and Mr. Smith are divorcing and decide, whether through mutual agreement, mediation, a long-drawn out court battle, whatever, to divide Mrs. Smith’s 401(k) 50/50.  So they can just write Mrs. Smith’s company a nice little note asking them to please give Mr. Smith half of the account, right?  No!  Haven’t you been paying attention?  Lawyers do not make anything easy! [...]

By |February 18th, 2016|Family Law|Comments Off on Qualified Domestic Relations Order (QDRO)|

SAN DIEGO LEGAL DOCUMENTS NOW HANDLES EVICTIONS!

We are proud to announce into our repertoire of legal services Unlawful Detainers.  What is an Unlawful Detainer?  It is a real property eviction action due to foreclosure, non-payment of rent, termination of tenancy, breach of lease, etc.  We specialize in Landlord/Tenant actions and can assist property owners in evicting tenants as well as assist tenants in responding to an eviction action.

When a property owner has not received rent for the current month they can serve the tenant with a 3-day notice to pay or quit.  Should the tenant fail to pay after the 3 days, the owner may pursue legal action.  We can assist in the filing of documents to evict the tenant for non-payment of rent, as well as provide a 3-day notice to pay or quit for the owner to post.

In some scenarios, a lease expires, but the tenant refuses to vacate the property.  This would require a termination of tenancy notice be posted.  Should the tenant fail to vacate upon the expiration of the notice, the owner may proceed with legal action.

Sometimes tenants fall victim to property owners or property management companies that refuse to complete repairs or maintain a habitable property.  Tenants have options too, and may need assistance filing the legal documents regarding an eviction and/or small claims against the property owner.

San Diego Legal Documents can assist in all areas of Landlord/Tenant law.  Please contact us ASAP and we will be able to assist you.

By |September 1st, 2015|Family Law|Comments Off on SAN DIEGO LEGAL DOCUMENTS NOW HANDLES EVICTIONS!|