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bY DEFAULT: This procedure takes about 3 months for completion. The Respondent is either agreeable to the Petition or does not file a Response. There is only the initial filing fee of Petitioner, making this procedure the least expensive. The Petitioner usually attends a default hearing to obtain the final Decree, however, in some instances a Motion can be prepared for a Default Decree Without Hearing with certain qualifications.
BY CONSENT DECREE: This procedure takes about 3 months for completion. There is no Court hearing and both parties are agreeable to terms and provisions set forth in the Decree and both parties sign the final Decree. This procedure gives the parties more flexibility as they can make changes from what was set forth in the Petition. There is a second filing fee that is paid (Respondent's appearance fee) when the Decree is submitted to the Court.
The default and consent decree procedure as listed above are the same. However, when minor children are involved additional documents are required that I will prepare for you, i.e., the Parenting Plan, Child Support Worksheets (calculations prepared for you, Child Support Order, and Employer Information Sheet. Additionally, each parent is required to take a parenting class online (4 hour class and cost is $50).
When a child is born to parents who are not married, even if Father's name is on the birth certificate, it is important to get court orders in place regarding custody (legal decision making), parenting time, child support, health insurance coverage for the minor child, and who claims the child for income tax purposes. Also included is the preparation of the Parenting Plan, Child Support Worksheets, Child Support Order and Employer Information Sheet. Additionally, each parent is required to take a parenting class online (4 hour class and cost is $50)..
This would be any type of Response to any pleading, i.e. Dissolution, Paternity, Temporary Orders, Modifications, Contempt pleadings, etc. There is only a filing fee if the Respondent has not paid an appearance filing fee previously.
This is a procedure to request a court hearing during the pendency of your case to ask for a temporary order for such things as legal decision making, parenting time, child support, spousal support, awarding community property and debt - all on a temporary basis. There is a court filing fee with this procedure.
This is a procedure to change any prior Court Order, i.e. stopping child support for an emancipated child; changing child support due to change of income or custody/parenting arrangements, etc. The oppsoing party must be served and there is a court hearing. There is a court filing fee with this procedure.
This is an action brought against the other party if he or she is not adhering to a previous Order entered by the Court, i.e. not paying child support or spousal maintenance; not paying medical expenses for the minor children, not providing health insurance coverage for the minor children; not paying community debts or awarding property or assets; not paying legal fees, etc. There is a court filing fee with this procedure.
This document orders a division and apportionment of marital interest in the former spouse's retirement funds pursuant to language set forth in the Decree of Dissolution of Marriage. It must be approved by the Plan Administrator, signed by both parties and then approved and signed by the Judge. A certified copy is then obtained and submitted back to the Plan Administrator for distribution.
When a family law matter has become contested, the parties are frequently scheduled for numerous hearing before the court until a settlement can be reached. I can prepare all the documentation for you, but you will have to represent yourself in court. Typically the first hearing is the Alternate Dispute Resolution hearing and a Resolution Statement is required. If the case is not settled then, additional pretrial and trial documents will be required.
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Dawn R. Kaiser is NOT AN ATTORNEY, and cannot attend hearings on your behalf, nor offer any legal advice. The purpose of a certified legal document preparer is to prepare legal documents at low cost and provide procedural information only to clients. Should you wish to obtain legal advice referrals
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