Month: December 2017

Divorce Decree Document

What Is a Summary Dissolution in California?

To the uninitiated, divorce may sound like a one-size-fits-all process. However, depending on the length of time a couple has been married and the complexity of their assets, there may be simpler ways to handle a split. In the state of California, a couple who meets certain requirements may qualify for a summary dissolution, which is a less expensive and less time-consuming process than traditional divorce.

Advantages of a Summary Dissolution Vs a Divorce?

For those asking, “what is a summary dissolution in California?” the main advantage of a summary dissolution is the dramatic reduction in time spent in court, paperwork filed, and court fees. In fact, in some cases, a couple in California who cannot afford filing fees for a dissolution may be eligible for a fee waiver.

Because there are so few shared assets and no child custody decisions to be made in a summary dissolution, the time between filing and a final, legal end to a marriage is shorter. This is because, in more complex divorce situations, time must be spent in and out of court deciding on child custody and the splitting of assets. The time needed to do so may be even greater in the event of a contested divorce, or when the parties have different ideas of who should receive what.

For those asking, “what is a summary dissolution in California?” the main advantage of a summary dissolution is the dramatic reduction in time spent in court, paperwork filed, and court fees. In fact, in some cases, a couple in California who cannot afford filing fees for a dissolution may be eligible for a fee waiver.

What Are the Requirements for a Summary Dissolution?

If you find yourself asking “What is a summary dissolution in California?” the first step is looking at what is required to qualify for this option. While the requirements are somewhat stringent, they are likely to apply to young, relatively poor, or recently married couples. Requirements for a summary dissolution California include the following:

1.The marriage has lasted five or fewer years
2.Neither member of the couple has any children
3.Neither member is pregnant
4.Neither member owns land or buildings
5.The couple’s community property (excluding vehicles) is worth under $43,000
6.Neither member has separate property (excluding vehicles) worth over $43,000
7.The couple’s total community obligations (excluding vehicles) is $6,000 or less

What Are the Requirements for a Divorce?

If you’re asking, “What are the requirements for a divorce?” you may be relieved to know that, unlike the requirements for a summary dissolution, the requirements for a divorce in California are much less stringent than those for a summary dissolution.

Generally speaking, the only requirements to initiate divorce proceedings are that the couple legally resides in California and is married. In order to establish legal residency in the state, the couple must have lived in California for at least six months.

How Much Is the Cost of a Summary Dissolution in California?

How much concept.

Because the process is much less arduous than that of divorce, the cost of summary dissolution in California is much less than the cost of divorce. The exact cost may depend on a few factors, including the county in which the couple is located and whether or not they seek legal counsel. However, as noted above, if the couple is unable to pay, the cost of summary dissolution in California may be waived entirely.

If you are considering ending your marriage and believe you may qualify for a summary dissolution, Platinum Paralegals can help. For a fraction of the cost of consulting with an attorney, you can receive expert legal guidance that will expedite the process. Ending a marriage is rarely easy, but the right legal guidance can at least help make it more simple. Get in touch with Platinum Paralegals today!

Last Will And Testament

What Is a Pour Over Will?

Although thinking about death is often difficult, the fact is that making provisions for the distribution of your assets and the care of your loved ones is a vital part of estate planning. And the more complex your assets are, the more important it is to have a well-thought-out estate plan. Deciding what type of will you need can be a challenge, but for those with a large estate or living trust, a pour over will can save significant time in probate (as well as save your loved ones emotional distress).

What is a Pour Over Will?

In short, this type of will is one that creates a “safety net.” Essentially, this type of will states that if you have any property that has not been placed in a living trust, it must be sent to that trust when you die. This is a safety net because it ensures that, if you forget to direct any of your property to your living trust before your death, that property will be directed there.

Essentially, this type of will states that if you have any property that has not been placed in a living trust, it must be sent to that trust when you die.

Does a Pour Over Will Need to Be Notarized?

While notarization is an option, not all of these wills need to be notarized. If you are asking “Does a pour over will need to be notarized?” you may be surprised to know that, generally speaking, wills must be witnessed, but not necessarily notarized.

However, one of these wills that has been notarized may be considered to be self-proving, meaning that witnesses do not need to be found later by the court.

How Is a Pour Over Will Different Than a Trust?

This type of will is different than a trust in the sense that it needs to work with a trust. If you’re asking “What is a pour over will?” you may not realize that this type of will essentially works to make sure that everything you intended to go into the trust goes there.

With this type of will, it is ensured that your estate’s executor will determine who receives the assets that are “poured” into the trust in the event of your death. By contrast, if your assets are not put into your trust, state law will be used to determine which of your beneficiaries receives them.

Does a Pour Over Will Avoid Probate?

Estate planning diagram

Asking “Does a pour over will avoid probate?” is a logical question, since it would seem that anything that is poured back to the trust would not need to be probated. However, while assets passed into your living trust during your lifetime avoid probate, assets that are poured in will still need to pass through probate.

However, while this may delay the distribution of your assets, it still may be preferable to the alternative, which is using state law (and not your estate’s executor) to determine what goes to whom. If you want to ensure that your assets go to certain people, then taking the time to create this type of will along with your trust is well worth it.

Whether or not you need this type of will is a personal decision, although, generally speaking, having one if you have a trust is a good idea. If you are getting together a will or estate plan and find yourself in need of assistance, give Platinum Paralegals a call.

We are able to offer you quality legal guidance at a fraction of the cost of an attorney. Additionally, our paralegals can be reached 24/7, so you don’t have to worry about waiting long hours for an attorney to contact you after you call.

Divorce word blob

Differences Between an Anulment Vs a Divorce?

To those unfamiliar with the law and how it relates to marriage, it may seem as though a divorce and an annulment are similar things. However, there are important differences between the two, and each couple’s situation will help determine whether they should pursue divorce or annulment. But first, an understanding of these different terms is necessary.

What Is an Annulment?

Legally speaking, an annulment means that a marriage has been declared null and void by the court. Unlike a divorce, which is the legal dissolution of a marriage, an annulment means that, in the eyes of the law, a marriage never even happened. Not all marriages are eligible for this, however. Those asking “What is an annulment?” may be surprised to find that there are a few annulment requirements, which are detailed below.

What Is a Divorce?

In an uncontested divorce, the couple works together to determine divorce terms. This means that the proceedings are generally faster than they would be if the couple needs to spend more time in court. Additionally, uncontested divorce offers considerable savings on attorney fees. While attorneys aren’t required for divorce, legal representation is recommended.

Couples may want to opt for paralegal help in the event of uncontested divorce. This means that they still can receive legal guidance, but for a fraction of the cost of an attorney’s help. By contrast, a contested divorce involves more money and time, as couples who choose this option often disagree over the division of assets, child custody, etc.

Couples may want to opt for paralegal help in the event of uncontested divorce. This means that they still can receive legal guidance, but for a fraction of the cost of an attorney’s help. By contrast, a contested divorce involves more money and time, as couples who choose this option often disagree over the division of assets, child custody, etc.

Requirements for an Annulment

Compared to the requirements for a divorce, requirements for annulment are somewhat stringent. When considering an annulment vs divorce, a couple may want to consider whether their marriage meets annulment requirements.

For a marriage to be declared null and void, the party initiating the divorce needs to prove that one member of the couple was already married to another person during the marriage in question.

The marriage was forced or prohibited by law, or that one member of the couple was emotionally disturbed or mentally ill at the time of the marriage and therefore could not consent to it.

Additionally, if the marriage involves someone who is underage or otherwise unable to legally consent, the marriage can be annulled. If fraud was involved or if there was an inability to consummate the marriage, it may also be declared null. Each state may also have additional requirements for determining whether a marriage can be nullified as well.

Requirements for a Divorce

Sad divorced wife

In trying to determine whether an annulment vs divorce is most appropriate, it may be helpful to remember that, in many cases, divorce is the option chosen for the dissolution of a marriage. While the requirements for pursuing this option may vary depending on where you are.

In California, in order to legally file for divorce, the couple must meet residency requirements, meaning that they must have lived in the state for at least six months prior to filing. After that, the couple and/or their legal counsel can work on determining the best filing option.

Divorce and annulment are often challenging topics to navigate, but the right legal guidance can help those facing the dissolution of marriage to make the right choices and lead happier lives. If you are in need of legal assistance, contact Platinum Paralegals today!

 

Expensive Divorce

Inexpensive Vs Expensive States for Getting a Divorce

Most people, when they say “I do,” envision being happily married forever. And while that may well be the case for some, many marriages ultimately end in divorce. We all know that divorce is usually rife with emotional turmoil, but it can also be the catalyst for financial turmoil as well. Divorcing your spouse can be incredibly expensive, with some estimates placing the cost of divorce at $15,000 or more.

Those who are just beginning to explore the possibility of divorce may find themselves asking “What is the cost of a divorce?” before anything. However, adding to the complexity of divorce is the fact that some states are significantly more expensive than others when it comes to divorce. And while it may seem unilaterally better to be in an inexpensive state, there are pros and cons to each.

Pros of Inexpensive States

One of the pros of living in a state where divorce prices are inexpensive is the fact that your divorce, regardless of complexity, will likely be less expensive than it would be in a more expensive state. Particularly if you’re short on funds, you should have less of a difficult time finding a lawyer who provides the services you need for a price you can afford. Because the baseline cost of divorce in these states is lower, even some of the most affordable lawyers will likely be able to provide excellent service for even the most inexpensive divorce.

Cons of Inexpensive States

Cheap Divorce

If you live in a state where the base cost of divorce is low, you’re likely in luck – an inexpensive divorce may well be in your future. However, in these states, you may soon realize that, if you want to hire an excellent lawyer or one who provides additional services, you will still need to pay more. It’s important to realize that analyses of cost of divorce per state look at averages, so many of the most acclaimed lawyers (or those who go above and beyond the minimum

Pros of Expensive States

You may wonder how a state with some of the highest divorce prices has any pros when it comes to pursuing a divorce. However, a possibly surprising upside to divorcing in a state with a high average cost of divorce is the fact that many of these states have legal or paralegal firms who are more than happy to work with you for a much lower cost.

For instance, Platinum Paralegals will beat any competitor’s advertised price when it comes to divorce proceedings. We understand that divorce is stressful enough. And with California being one of the most expensive states to divorce, we realize that sometimes, those seeking a divorce need an economical alternative to popular divorce lawyers.

Cons of Expensive States

If your funds are limited and you live in a state where divorce is expensive, chances may be good that you can’t afford divorce. While there generally are options available for those who need to divorce but can’t afford it, even pursuing these options can cause significant stress on top of the realization that you and your spouse need a divorce. Making any divorce an expensive divorce is enough to make anyone panic.

While there generally are options available for those who need to divorce but can’t afford it, even pursuing these options can cause significant stress on top of the realization that you and your spouse need a divorce. Making any divorce an expensive divorce is enough to make anyone panic.

Even if you can afford an expensive divorce, pursuing one in a state where divorce is more expensive may still cause some financial hardship. If you are concerned about cost, investigating lower-cost divorce options may be helpful.

No matter where you live, divorce can be a headache. And if you’ve just begun asking “what is the cost of a divorce?” it is likely a good idea to start thoroughly evaluating your options. If you are unsure of where to begin, give Platinum Paralegals a call!

What Is a Holographic Will?

What Is a Holographic Will?

For many people, the thought of passing away and leaving loved ones to manage their estate is a somewhat scary thought. In order to alleviate anxiety around this possibility, many people opt to create a will. While there are several types of wills to choose from, some people opt for a holographic will, or a will that is entirely handwritten and signed by the testator, or creator of the will.

Is a Holographic Will Needed?

Generally speaking, a holographic will is more likely to end up argued over in court when compared to other will types. If you are someone with significant assets or someone whose estate is especially complex, it may be best to choose a different will type to ensure that your assets are distributed as you intended. If you find yourself asking “what is a holographic will?” it may be helpful to briefly familiarize yourself with different will types

If you are someone with significant assets or someone whose estate is especially complex, it may be best to choose a different will type to ensure that your assets are distributed as you intended.

However, if your will is fairly simple, or if you have no means to pay for an attorney or other legal assistance, a holographic will may be your best choice. Now that you’ve answered the question “what is a holographic will?”, it may be best to enlist legal help in order to determine whether this is the best will type for you.

Does a Holographic Will Need to Be Witnessed?

What Is a Good Holographic Will?

Whether or not your holographic will needs to be notarized depends on a few things. And while you may be asking “does a holographic will need to be witnessed?” there isn’t always a simple answer.Some states may require that two disinterested individuals (people who don’t stand to benefit from the will) witness the signing.

However, for states that don’t require the signing of a holographic will to be witnessed, it is often necessary to have two people testify in court that the handwriting and signature is that of the testator. Generally speaking, it may be less complicated to have the signing of the will witnessed, since proving the will is yours may not always be possible in court. Having witnesses may be able to speed up the distribution of your assets as well.

How to Notarize a Holographic Will

In general, a holographic will does not need witness signatures. However, in order to reduce the likelihood of your will being disputed in court, it may be helpful to have witnesses when you sign. Choosing two disinterested people to watch you sign is best, and it also is a good idea to have these people sign the will with you. This will generally speed up the probate process, which can make things easier on a deceased person’s loved ones.

Why You Need a Holographic Will

A holographic will is often the easiest type of will to create, and some states do not require a will of this type to be notarized. In some cases, simply creating a holographic will that is legible and organized is enough. However, state laws vary when it comes to the acceptability of holographic wills. They are legally recognized in California, but if you live in a different state, it is vital to check and see whether a holographic will is legally acceptable where you live.

One thing you can do to reduce the risk of a holographic will failing in probate is to create a self-proving affidavit, or form that verifies that you are the testator of the will. While these forms aren’t required in California, those in other states may find the creation of a self-proving affidavit to be useful.

Whether you are planning on creating a holographic will and just need guidance, or you aren’t sure what type of will to create, Platinum Paralegals can help. Our paralegals can help you plan and draft a will at a fraction of the cost of hiring an attorney. With paralegal assistance, you can be assured that your last will is clear and legally acceptable so your loved ones will be taken care of after your death. Give us a call today!