California State Divorce How to Start Yours

California state divorce laws are not that difficult to understand if you have good information. With the right advice, instructions, and explanations, you can get your own divorce started without hiring an attorney, and save a lot of money on legal fees.

This article will provide an overview of California state divorce laws in the context of how you can start your own divorce. You will learn what California law says about the roles of the Petitioner and the Respondent and implications of each role in the divorce.

The Petitioner and the Respondent. According to California Family Law Code Section 2330, every California state divorce starts with a Petition. The legal term for divorce in the code is “dissolution of marriage”.

The Petitioner is the person who first files papers and gets the case started. The Respondent is the other party. A Response need not be filed, but it is a good idea, otherwise the inactive person has little say about when or how the divorce is completed, unless there is already a written agreement. In order to become officially involved in the divorce, the Respondent will need to fill out and file California Family Law Form FL-120 (the Response).

In general, the more both parties participate, the better. After a Response is filed, the divorce can be completed only by written agreement or court trial. Agreement is better.

Equality. Once a Response is filed, the Respondent has equal standing and there is no legal difference between the parties or their rights, and either party can take any available legal step.

The Petition. So if you are the one who will start your divorce, you will be the Petitioner, and you will need to fill out California Family Law Forms FL-100 (the Petition) and FL-110 (the Summons) and file them with the Clerk at the appropriate courthouse. According to California state divorce law (as described in Family Law Code Section 2331), you will then need to serve your divorce papers on your spouse.

The only thing you need to know before you do this is that you want a divorce. The issues can all be sorted out and resolved later. However, it would be smart to learn the basics about California state divorce law before you start.

Advantages to serving the Petition:
Starts the clock ticking on waiting periods. California state divorce law states that the Respondent has 30 days to respond.
Causes automatic restraining orders to take effect, as per the instructions on the back of Family Law Form FL-110 (the Summons).
Has psychological value for Petitioner and tells Respondent a divorce is really going to happen.
Helps establish the date of separation. According to California state divorce law, the date of separation is whenever you can prove that one spouse intended to make a complete, final break (not just a temporary separation), with simultaneous conduct furthering that intent.

Possible downside. Serving papers can upset your spouse and stir up conflict if you dont properly prepare him or her ahead of time.

Getting a smooth start. Unless your soon-to-be Ex is an abuser/controller, you will probably want to start things off as nicely as possible. An abrupt start will probably increase conflict as an upset spouse is more likely to run to an attorney who will probably make your case more complicated.

So take some time to prepare your Ex and let him/her get used to the idea that a divorce is about to start. If you arent comfortable discussing things in person, write a nice letter. Let your spouse know you are committed to working out a settlement that you can both agree to and live with. Unless you are under time pressure, dont serve your Summons and Petition until your partner seems ready to receive the papers calmly.

The Response. A Response should be filed within 30 days of receiving the Summons and Petition, but can be filed any time before Petitioner declares the Respondents default.

Filing a Response is not an aggressive act. In fact, it is usually a good idea for the Respondent to take part in the action, especially if you have kids or property or debts to be divided. It is easy to do.

The only disadvantages are Respondents filing fee of about $320 for a California divorce, and the possibility that you might have to file a questionnaire about your case in order to avoid a case conference hearing.

There are numerous advantages to filing a Response. If theres no Response, Respondent has little control over when and how the divorce is completed, so the Respondent feels insecure. By filing, Respondent joins the case on an equal standing with Petitioner, so Respondent feels more a part of the process, more in the loop, more confident. Experience and studies show that the more Respondent participates, and understands the California state divorce process, the better the outcome is likely to be.

Facts On Divorce Everyone Should Know

Divorce is the dissolution of marriage, which is a legal action that may not concur with the emotional tearing apart. The process is usually painful for everyone concerned. Although it can take some time for adults to regain psychological balance, it is still being debated whether children ever regain stable perspective. Aside from harming children directly, hostility between the adults after the divorce is proof that there is an incomplete emotional split.

Since the start of the twentieth century, divorce rates have been on the rise in the United States, especially during the seventies when no fault divorce was introduced. The easing of the laws on divorce is considered by some experts to help create stronger marriage by establishing it deeper in personal choice. However, it did little to provide people with skills, which are needed to go through the unavoidable issues that arise from marriage.

Most people know somebody who is divorced, probably several individuals even. In the United States, there were more than 957,200 finalized divorces in the year 2000. It has been estimated by the US Census Bureau that more than half of all marriages today will result to divorce. This is a lot of paperwork, heartbreaks and broken homes, in addition to money spent on legal expenses and attorney fees.

There are some who maintain though that the percentage of future failed marriages should be interpreted according to other factors. There are various essential social aspects that can affect the estimate. Your chances of getting divorced for instance will decrease by:

30 percent if you have a yearly income of over 50,000 dollars

24 percent if you married at the age of 26 years old and above

24 percent if a baby is born over seven months since you married

14 percent if you attend church as family

14 percent if you have parents that did not divorce

13 percent if you have some college education

Difference of No Fault and Fault Divorce

The state of California passed the first law on no fault divorce in 1970, which changed the public outlook on the practice as well as the process of getting out of marriage. Before this law, one of the partners has to be “at fault” or have done something wrong, to qualify for divorce. Such acts are considered grounds for divorce and include mental or physical cruelty, adultery, imprisonment, desertion, incurable insanity and physical inability to have sexual intercourse. If the defending partner does not want to dissolve the marriage, he or she has to deny the accusation and defend against it in court.

Although fault divorces are still allowed by many states, no fault divorces are also allowed. No fault divorces are exactly as the name implies: there is nobody at fault for the failure of the union. Even if misconduct occurred, it will not matter. The ground for dissolving the marriage could just be irreconcilable differences or incompatibilities. Usually, you do not have to present proof of the problem or any explanation. In many states, whether the other spouse agreed to divorce or not does not matter.

The Law of Attraction-4 Steps

Now, onto the Power of the Law of Attraction-

What it is not-magic, fake, or a cure-all. What it is-the basis of how subjective reality works, the art of manipulating energy, a principle. Everything is energy. At our most molecular level, we are zooming particles of energy.

The law of attraction states that whatever you think about, you bring about. You can’t control anybody else’s attractions because only YOU exist in the subjective reality model. By focusing on yourself, you can see the change you want. This gives Mahatma Gandhi’s quote “Be the change you want to see in the world” a whole new twist.

What are the Steps?

1) Become what you desire. Desire, but not attachment, is the starting point for everything. Our choices shape who we become. What do you desire? Don’t think about it, don’t talk about it-BECOME it. One very common theme that comes up with clients is one of MONEY. They say they would like to be more abundant, and I tell them then BE it. What makes you feel more abundant? Do it. The old adage goes-“Dress for success” but the truth is that you must transform into what you wish to be. We have a very linear concept of time, when in reality all that exists is the NOW. If you think about your past, it becomes your now. If you think about the future, it becomes your now. Our minds really don’t have a concept of time. Whatever we think about, becomes our now. So if you can bring the ‘future’ into the now by becoming what you desire, you are aligning your energy to attract what you want. LIKE ATTRACTS LIKE. Yes, opposite poles attract, BUT like vibrations attract like results. Like particles flow in the same direction.

2) Let your thoughts flow only where you will dare to go. Our thoughts are powerful, so focus them only on the things you want. If you wouldn’t want what you are thinking about to manifest, then its best to think about something else.

3) Feel GOOD! This is the most underrated yet the most important step. When we are feeling good, we attract good things. Feeling good involves removing energy drains and introducing things that make us feel better! When we feel good, our energy is vibrating with the things we love, and hence attracting even more of those things!

4) Take inspired action. There has also been a lot of speculation here. To take action or not to take action? Personally, this was the step I had to really “unlearn.” We are all great at taking action, it is our thoughts that need help. Action is what we do best. We are a culture of go-getters. Inspired action is about becoming a magnet instead of pulling things to you. It is about learning to draw experiences and events that you want, rather than chasing after them. BECOME what you want, and the details will be attracted into your life. BECOME wealthy, and money will be attracted to you. Take action that feels good. If it feels like you are struggling-then that is probably not the way to go. Action is great. Enjoy the process of getting there, because there really is no “over there.” The fun is in the journey! The old “no pain, no gain” is definitely not what we are aiming for here. Release struggle and embrace action that feels good. = )

Finders 101 Securities Lawyer 101- Go Public Blog

Companies seeking capital are frequently approached by finders who offer to locate investors in exchange for a fee. Most finders are not registered as broker-dealers with the Securities and Exchange Commission (the SEC). The possibility of receiving capital even through the efforts of a finder creates a tempting opportunity for issuers who need capital. Matching companies with investors can be a lucrative proposition for the finder. While it may seem harmless enough, the SEC does not think so and in fact, the SEC frequently brings cases against unregistered finders and those who aid and abet them.

Compensation of Finders

Compensation of finders based upon the success or completion of the sale or the amount of securities sold is likely to be viewed as unregistered broker-dealer activity. Similarly, compensation, which is a percentage of the amount of securities sold is also likely to be viewed as unregistered broker-dealer activity.

The Broker-Dealer Registration Provisions

The use of unregistered finders also creates liability for both reporting and non-reporting issuers who engaged a finder. Section 15(a) of the Securities Exchange Act of 1934 (the Exchange Act) generally requires any person who effects securities transactions to register with the SEC as a broker-dealer. Finders may become involved in various securities transactions including matters other than raising capital, including reverse mergers and direct public offerings. In limited circumstances, companies may compensate a finder who is not registered without violating the federal securities laws.

The determination of whether a finder is required to be registered as a broker-dealer typically involves an analysis by the finder or issuers SEC lawyer of several factors including:

i. Prior Securities Transactions

ii. Any previous compensation or other evidence of previous involvement in securities offerings increases the likelihood that the SEC will view the finder as engaged in activities that require registration as a broker-dealer.

iii. Negotiations

iv. The more involved the finder is in the negotiations for the sale of the securities, the more likely the SEC is to view the finder as engaged in activities that require registration as a broker-dealer.

v. Recommendations

vi. Discussing details of the securities sold and making recommendations increases the likelihood that the SEC would require registration.

Risks of Using Finders

The temptation of using a finder can lead to potential liability for the finder as well as the issuer. Failure of a finder to be properly registered as a broker-dealer may subject that person to potential liability, including criminal penalties, fines, suspension, and disbarment.

The potential harm to the companies that use unregistered finders includes investor rescission rights. Investors will have a rescission right, meaning that they could demand repayment of their entire investment without setoff or deduction. Companies could also be subject to sanctions and penalties from federal securities regulators as aiding and abetting the unregistered broker-dealer including fines, prohibition on future securities offerings, and criminal actions. If used, the finder should do no more than make introductions of investors to issuers, and should only be compensated by a flat fee which is not based upon the sale of securities. An agreement between the issuer and the finder should define the duties and compensation of the finder.

This memorandum is provided as a general informational service to clients and friends of Hamilton & Associates Law Group and should not be construed as, and does not constitute, legal and compliance advice on any specific matter, nor does this message create an attorney-client relationship. For more information concerning the rules and regulations affecting the use of Rule 144, Form 8K, FINRA Rule 6490, Rule 506 private placement offerings, Regulation A, Rule 504 offerings, Rule 144, SEC reporting requirements, SEC registration on Form S-1 and Form 10, Pink Sheet listing, OTCBB and OTC Markets disclosure requirements, DTC Chills, Global Locks, reverse mergers, public shells, go public direct transactions and direct public offerings.

Try out counselling’ before you file that divorce!

Right, when the world around you is falling apart, we tell you to get counselled; this must seem to you, to be an advice that is absolutely rude, bogus and worthless. After all, (you might ask yourself) -how many relationships do I know of that got mended and resolved after the couple involved sat down together for a few counselling sessions?’ not many right? However, by -counselling’, we are not referring to the literal word, there are firms that have counsellors who simply act as mediators. There is a need to resolve the issues between you and your partner. No relationship turns sour over night; it is the piling up of misunderstandings, lack of trust, doubts, anguish and more. There are some relationships that meet the dead end because of issues related to loyalty amongst couples or extra marital affairs in amongst those who are married. No matter what the cause or the reason is, behind the ongoing conflicts between the couple, it is always a good idea to take help from a third party, when things seem to be out of your hands.

There are a huge number of firms that offers relationship counselling in Melbourne. You can go ahead and opt for their services to find some solace from the unhealthy relationship that is slowly turning your home into a battle ground. These fights and conflicts have drastic effects on your physical and psychological wellbeing, and you find yourself engrossed in depression. The ways in which the couples involved in this type of relationship suffer, are listed below –

They are always angry and worried.
They suffer from anxiety and depression.
They begin to lose their perspectives; they begin to forget what’s important and what is not.
They begin to feel like they are not good parents.
They have to spend huge sums of money on mediators and counsellors.
They have to deal with the expensive, nerve-racking legal processes.
They lose time from work by juggling in between court, home and office! Time lost from work.
They only think about the problems and cannot think about the solutions.
They find themselves tired and drained out by all those fights!

If you do know someone who is going through family dispute, relationship break up or a divorce, and if you do care, then ask them to opt for the solutions provided by some of the best firms that deals with family mediation services in Melbourne. After all, there is no harm in trying out something; no one can rule out that there are chances that the relationship can get back on track!

If you yourself are dealing with this, and if you are no more willing to let your kids go through these conflicts then; it is high time that you take some concrete action! There are highly qualified counsellors and mediators at the firms that deal with divorce and mediation in Melbourne. You can opt for the services provided by the firm like Melbourne Relationship Centre which is known to be one among the most reliable firms that deals with counselling and mediation!

About Author: Jacob Schuler is a professional relationship counsellor, working for last 15 years in the field of relationship counselling in Melbourne. He here writes on how one why one should not lose hope and try out the family mediation services in Melbourne. There are a huge number of counselling firms that deal with divorce and mediation in Melbourne.