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Legal Aid Divorce in San Luis Obispo

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Legal Aid Divorce in
93401, 93402, 93403, 93405, 93406, 93407, 93408, 93409, 93410, 93412
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How Do You Receive Legal Help/Aid In Order To Proceed With A Divorce?
I Am Currently Legally Separated And Have Been For Over 3 Years. I Would Like To Get A Divorce, But Cannot Afford Legal Fees, Because My Wife Refuses To Cooperate Or Sign Anything I Send Her. So I Was Wondering About Legal Aid/Help. I Am In The Air Force But They Don'T File Divorces. The Army Does, But There Are No Army Post'S Within My State. Please Help?

I am NOT a lawyer, or even a paralegal. I'm not giving you anything anywhere NEAR legal advice, okay? But I can tell you what I know from my own experience as a divorced person who has helped friends go through this kind of thing.

You aren't going to get any kind of legal aid unless you're an abuse victim, and it doesn't sound like that. You have a stable income, obviously, so you won't qualify as impoverished, either.

Bluntly: around here (Atlanta, Georgia) there are plenty of lawyers who advertise that they'll file uncontested divorces for around $300. There would be court and filing fees on top of that - maybe $100 or so? - but that's not that much money. If you're in the Air Force and effectively single, you're eligible to live in the barracks and eat on base. The best way to do this is to get that money together and have a lawyer file for you, because you will be protected against screwing anything up that could hurt you in the future. If you have any kids or property involved, do that. End of story.

If you're really stubborn and willing to gamble your future against your ability to work the legal system as an entirely ignorant newbie, AND there are no children or real property involved (real estate, that kind of thing), AND you don't have to work out any other kind of property settlement, you MAY be able to file your own divorce.

I did my own a few years ago, but it was definitely NOT contested and very simple - nobody was in the military, etc. I have no idea how being in the military could affect things! I've helped several friends get started on doing this, too - one went all the way through and successfully divorced, as I did. Again - both parties wanted to be divorced, no children, no property.

You'll need to get a "Do It Yourself Divorce" book specific to the state in which your wife has established legal residence, since that's the state that should have jurisdiction for the divorce (I think. Again, I don't know how your military status could change things!) Try to find out what state has jurisdiction before you get any books, ok? Maybe the Air Force has some kind of legal advice office or help line that will get you that far, at least.

Nolo Press is the best, but I think they only have a book for California. You may be able to check the book out of the library, but it would be best to buy it. Make sure you have the most recent edition of whatever you get, and go for something with forms on a CD, rather than something that you'll need to type into a word processor yourself. There are web sites that say they'll sell you all this in a package, but from what I've seen they don't do much, if anything, about explaining any of the laws to you - you get a bunch of forms and you're left wondering what the heck you're supposed to do next.

The book will walk you through which forms you need, how to fill them out, what to send and file where, etc.

Your wife doesn't have to sign anything or cooperate. If you know that she'll refuse, just don't bother to try. Have the court serve her with notice that you've filed for divorce. They'll tell her when the hearing is. She can choose to file something herself - a proposal for a different settlement, or whatever - but she can't stop the divorce. You can't be forced to stay married to her against your will. If she files something, you should be served with a copy of it, and then you should respond, or not, depending on what it is.

In many states, there's an automatic dual restraining order in force as soon as you file for divorce. That means you can't have ANY contact whatsover with your wife (in person, by mail/computer/phone - NONE), and as soon as she's served with notice of it, she can't have any with you. Respect it. Violating it will get you arrested and piss off the judge. You really don't want that.

On the court date, if nothing is contested, your wife may not even show up in court. The judge should read the papers, swear you in, maybe ask you some questions, and sign off. Then you're divorced.

Prepaid Legal Services Scammer?
A Regular Customer Approached Me At Work On Day. He Proceeded To Tell Me About A Company Called Pre Paid Legal Services And How I Can Make Money. Long Story Short I Knew It Was A Pyramid Scheme The Second He Opened His Mouth. I Told Him I Wasn'T Interested. Now He Keeps Approaching Me About It Trying To Make It Sound Better And Better. I Told Him Again And Again I'M Not Interested And That I Believe In Making Money The Honest Way. My Work Won'T Kick Him Out Because He'S A Potential Customer (Cha Ching)....Can I Report Him And Get Him In Trouble For Being Involved In A Pyramid Scheme? Are Pyramid Schemes Illegal?

You ask a great question! Pyramid schemes (usually called MLMs or Network Marketing) are legal and legitimate IF they sell a REAL PRODUCT OR SERVICE. They are illegal if there is really no product, just a business opportunity.

So the question you need to ask "Is there a legitimate service here?" and "would I buy this service if there was no business opportunity". With Pre-Paid Legal Services, there is a legitimate service. Over 1.4 million people pay a monthly fee to be members and to use their services (they can cancel at any time but over 73% keep the service!

I have been a member for over 10 years and my family has benefited from it. My son was awarded $11,500 in a case where the insurance company initially want to pay him $1000 for injuries suffered when he was hit in a cross walk. I was able to negotiate a $60, 000 settlement when I learned from my Pre-Paid Legal lawyer that what my employer had done to me was illegal!

What I am concerned about is the way this person has been harassing you. He has stopped your from really taking a look at an opportunity and a service that could be beneficial for you.

Pre-Paid Legal was recently purchased by a New York equity company (MidOcean Partners) for $650 million because they believe that this is the way North Americans will access legal service in the future (like 80% of Europeans have for over 100 years!).They renamed it LegalShield.

Don't just dismiss this because of a jerk. And don't paint every business opportunity as a scam - but do your due diligence. By the way, if you do not make as much money as your boss or your bosses boss, does that make your job a scam? No it is just how businesses are set up!

Is This Going To Effect My Child Custody Case?
Me And My Husband Are In Divorce Process Started This Year, But He Wants To File 2008 Taxes Separately And Claim Our Child , We'Re Been Separated Since November And I'Ve Had The Child Since But Is Visiting With Him Right Now, Can He Do That? And Is This Gonna Effect My Custody Issue?

Since you two were together for the majority of the year, if he was the primary income earner, than yes he may be able to take the deduction, but it will have no affect on your custody case. The best results would be for the two of you to file jointly with any return going into a trust fund to be divided according to the division of assets in the divorce.

As for the child, why not do what's best rather than what's best for you two?

Bird Nest Custody

It’s a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.

The children simply live at "home" and the separated or divorced parents take turns living with them there, but never at the same time.

The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the "bird's nest". When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time.

At times, bird's nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.

Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.

The arrangement can be expensive as it generally requires that three separate residences be maintained, the "nest" and a separate residence for each parent.

The concept is somewhat novel and appears to have as its origin a Virginia case Lamont v Lamont.
In Canada, Greenough v Greenough was a ground-breaker case in that the Court implemented a bird's nest custody order even though it had not been asked for by either party. Justice Quinn, in Greenough stated:

"In Lamont ... the court made a bird’s nest custody arrangement in which the children (aged 3 and 5 years) remained in the home, with the mother staying in the home during the week and the father on the weekend. I think that the benefits of a bird’s nest order are best achieved where the children are able to stay in the matrimonial home, particularly if it has been the only residence that they have known....

"Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees. In general, parents do not seem to appreciate the gross disruption to which children are subjected where one of the parents has frequent access. In this regard, I do not believe there must be evidence that the children are suffering before the court is free to act. To me, it is a matter of common sense. At the risk of falling prey to simplistic generalities, I am of the view that, given a choice, I do not see why anyone would select a living arrangement which involved so much movement from house to house."

What Do You Think Of Defense Attorneys?
How About Jose Bias? I Asked My Cousin Who Is A Da This Question And I Was Surprised By Her Answer. She Told Me That &Quot;She Doesn'T Respect The Ones Who Only Take The Defendants Money And Do Not Practice Good Law.&Quot; What Do You Think Of Criminal Defense Attourneys?

Every Defendant has the right to a lawyer. They are just doing their job of providing this Constitutionally guaranteed service.

I know a lot of DA's and Defense Attorneys, and most have nothing but the utmost respect for one another, because they understand the system requires them both to be there, and the cases aren't personal for any of the lawyers. DAs know the defendant is going to have an attorney, why would they hate the attorney simply because he is doing his job?

Most people who think defense lawyers are the scum of the earth tend to not understand the criminal court system, and also seem to think that these lawyers honestly believe all their clients are innocent (here's a hint, they know that 99% are guilty, but still entitled to a legal defense).

Any Lawer Or Legal Aid Person Willing To Present Me At A School Expulsion For A Little Or No Cost!?
For Something I Didnt Do!! In Chicago, Il Board Of Education!!

Call the legal aid office on Tuesday. They will have you fill out paperwork to show your income. If you are a minor, your parents will have to list their income.


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