Mediation and  Divorce Without Attorney - Step by Step

mediator meets with unhappy couple seeking divorce

Our Fees

Divorce Mediation Cost

  • 900.00 Flat Rate

Marital Settlement Agreement Completion

 NOTE: Both parties need to be in agreement in writing, to participate in the mediation session.

Pro Se Divorce / Documents & forms preparation

$85.00 per hour (Minimum 4 hours)                                    

NoteCourt filing fees are the client's responsibility.  

Uncontested Divorce

According to Cornell Law School  An uncontested divorce is a divorce proceeding where the court formally grants the requested divorce without the need to go through significant portions of the adversarial litigation process. In short, an uncontested divorce is when the parties are not fighting each other about the divorce itself or the terms of their separation.

An uncontested divorce can arise when the parties agree in writing to resolve all disputes between them, or it can arise by default. A default divorce is when either the defendant does not answer the summons, or the parties agree to enter a default, and thus they obtain judgment of divorce automatically because there is no response to the complaint.

How To Settle Our Divorce Out Of Court?  A LDA is the key !

Divorce in California

According to California Courts. "there are 3 main ways to end a marriage or registered domestic partnership in California:  divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through.

California is a “no-fault” divorce state, which means that the spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong. To get a no-fault divorce, one spouse or domestic partner has to state that the couple cannot get along.  Legally, this is called "irreconcilable differences".

After you decide how you want to end your marriage or domestic partnership, you need to plan your case ahead of time. Think about how you are going to handle your case.

Forbes explained  8 ways to lower the cost of a divorce,  and using paralegal services when possible, is one of them.  It will help to lower your attorney fees dramatically.

As there are many ways to get marriage, there are as well many ways to get a divorce.  Mediation, arbitration, litigation, etc.  Many people desire, more than anything to find a way to go through the divorce process in peace and without a huge financial impact on their life. Many successfully chose mediation to find a balance in the process.  Please, contact us about our mediation services.

                                      Why to select Mediation vs. Litigation for your divorce case?

Why To Choose Mediation?

 

 

What is Mediation?

According to this excerpt from the American Bar Association, mediation is a private process where a neutral third person called a mediator helps the parties discuss and try to resolve the dispute. The parties have the opportunity to describe the issues, discuss their interests, understandings, and feelings; provide each other with information and explore ideas for the resolution of the dispute.

While courts can mandate that certain cases go to mediation, the process remains "voluntary" in that the parties are not required to come to an agreement. The mediator does not have the power to make a decision for the parties but can help the parties find a resolution that is mutually acceptable. The only people who can resolve the dispute in mediation are the parties themselves.

Going through a divorce is always stressful, but you can save money, time, and worry, after both parties reach an agreement, the mediator aids them to enter into a  marital settlement agreement instead of going to Court.

mediator with divorcing couple

What Is A Marital Settlement Agreement?

A marital settlement agreement (“MSA”) is a legally binding, written contract, which is entered into by divorcing spouses.  An MSA resolves issues related to the couple’s divorce, which can include:

  • Child custody and visitation – this is usually dealt with in a parenting plan or custody and visitation agreement that is attached to and incorporated into the MSA
  • Child support – this is generally determined by using a state-specific child support guideline or formula to help parents calculate the appropriate amount of child support
  • Alimony, also called “spousal support” or “maintenance” – spouses can negotiate over the amount and duration of alimony; unlike child support, there are no hard and fast rules about calculating alimony, but some states do have guideline alimony formulas to help couples come up with an estimate, and
  • Division of marital property and debts – this will depend on the marital property laws of your state and whether your state follows an “equitable distribution” or “community property” model of property division.

This marital settlement agreement ( MSA)  is in writing, notarized, and needs to be signed for both parties as an understanding that both are in agreement.  By selecting SOS Para-Legal to guide your divorce mediation process, both of you will be taking the control of planning your own lives and making good decisions about your and your family's future in harmony, balance, and fairness which is so important in today's reality.

Mediation Did Not Work For Us. Now What?

Unconstested Divorce  - Both parties are in agreement about everything

If you both decide that mediation is not for you or after several sessions its fails, and you do not reach an agreement or settlement, you can still take the issue to court.    Parties do not give up their right to litigation if they want to resolve the dispute in mediation first.  if both parties are in agreement, an uncontested divorce may be the right for you.

An uncontested divorce is one where the parties have been able to agree about the issues that will make up the terms of the divorce judgment. These include:

  • Child support
  • Custody
  • Spouse Support
  • Division of marital property and assets
  • Visitation, etc

An uncontested divorce is only a good choice when both people agree that they want to divorce and they are prepared to focus on getting the papers filed without doing things just to hurt each other. Many couples who chose uncontested divorce prefer to represent themselves (Pro Se), rather than hire a lawyer.

Pro Se Divorce

A Pro Se divorce is a divorce where a spouse chooses to represent his/herself in court rather than hiring an attorney. The whole process of getting a divorce is the same but you are personally responsible for completing and filing legal forms yourself.

How long does a Pro Se divorce take?

Once the papers have been filed with the court, the question, "How long does an uncontested divorce take?" is completely out of the parties' hands. The amount of time it will take to finalize the divorce by having a judge approve and sign the judgment can take anywhere from six weeks to 12 months.

Per your request, SOS Ayuda Legal  can assist in your Pro Se divorce with  the following areas:

Do it Yourself We are here if you need help

You are the Petitioner without Children if you are beginning the divorce process before your spouse  

Go to the Self-Help in your Family Court location and request the required forms.

SOS Ayuda Legal can assist you, per your request, in completing the forms given to you. by the Court.

You are the Respondent without Children if you are replying to the divorce process your spouse began.

Go to the Self-Help in your Family Court location and request the required forms.

SOS Ayuda Legal can assist you, per your request, in completing the forms given to you. by the Court.

You are the Petitioner with Children if you are beginning the divorce process before your spouse and you do not have minor children living at home.

Go to the Self-Help in your Family Court location and request the required forms.

SOS Ayuda Legal can assist you, per your request, in completing the forms given to you. by the Court.

You are the Respondent with Children if you are replying to the divorce process your spouse began and you have minor children living at home.

Go to the Self-Help in your Family Court location and request the required forms.

SOS Ayuda Legal can assist you, per your request, in completing the forms given to you. by the Court.

Petitioner with Minor Children Living at home 

You are the Petitioner with Children if you are beginning the divorce process before your spouse and you have minor children living at home.

Go to the Self-Help in your Family Court location and request the required forms.

You are the Respondent without Children if you are replying to the divorce process your spouse began and you do not have minor children living at home.

Go to the Self-Help in your Family Court location and request the required forms.

SOS Ayuda Legal can assist you, per your request, in completing the forms given to you. by the Court.

What even is a Prenup or Prenuptial Agreement? And, more importantly, do you need one? The purpose of a Prenup is to opt out of certain provisions that the couple would otherwise be entering into under the laws of their state. We at SOS Ayuda Legal will, under your directives as a couple, design your contract under California laws, that will show how you want your money and assets to be treated if you are to divorce in the future.

Just what is a Postnuptial Agreement? Simply stated, it is a legal contract signed by a married couple after their wedding. This agreement not only dictates how a couple’s assets will be divided, but it also contains numerous other provisions dictating marital conduct—from the division of household chores to monogamy expectations to the allowable number of mother-in-law visits. But Postnups are mostly about money.  SOS Ayuda Legal will assist you, as a couple, in writing the agreement.

qualified domestic relations order (QDRO) is a legal document, typically found in a divorce agreement, that recognizes that a spouse, former spouse, child, or other dependent is entitled to receive a predefined portion of the other spouse's retirement plan assets.

SOS Ayuda Legal will assist you in writing this document, per your request.

Go to the Self-Help in your Family Court location and request the required form (s).

California Judicial Council Forms
for Document Preparation & Filing for  Divorce and Legal Separation.   Annulment.  Asking for a Spousal/Partner Support Order.  Changing (or Ending) a Spousal or Partner Support Order. Child Custody Filing, Alimony Filing, etc.

What Our Clients Are Saying

Divorce Mediation

"Thank you a million. You are such a easy and pleasant person to deal with. Both Amy and I appreciate that you turn this divorce process into an amicable one.  We felt both in control and capable to make this happen in peace.  We dropped off both sets of papers today. That's it for us; we are finished! God Bless you,  Maria Empera. You are definitely one in a million."

Hector H.

Costa Mesa, CA

Divorce Mediation

"Very good work at a good price. This paralegal is knowledgeable and does good work. My divorce was filed and done without a hassle."

Carmen C.

Santa Ana, CA

Divorce Mediation

"Maria Empera is an amazing paralegal! She was I informative and answered every question I could possibly come up with. She always calls back and never left anything undone.

My fiancé and I are able to get married now because she helped with his default divorce. Getting a divorce is not easy whether both parties are willing or can't be located! She made the process easy. It didn’t take very long and we are so grateful! 

Her attitude is pleasant but straightforward. She's very understanding without judgment and makes you feel better about whatever your situation may be. I have already referred her to many friends and acquaintances for their legal needs.  I really appreciate you Maria Empera and will continue any and all services with you in the future!"

Christina C

Dana Point, CA

How to Contact Us

 

               Hablamos Español 

                             PHONE:                               (949) 326- 6612

EMAIL:
Admin@sos-ayuda-legal.com

ADDRESS: 

600 W Santa Ana Blvd, Suite 206,    Santa Ana, CA 92701

Across from The Federal Building 

HOURS:
Monday - Friday: 9 AM-5 PM Saturday - Sunday: Closed

 

Forms of Payments

 

 

SOS Ayuda Legal is ready to assist you, per your request, with the preparation of your legal documents. Give us a call at (949) 326-6612 or submit the contact form.


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