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Posts Tagged ‘divorce in California’

3 Resources You Can Use to Serve Divorce Papers to a Missing Spouse

Posted on: January 30th, 2018 by admin

3 Resources You Can Use to Serve Divorce Papers to a Missing Spouse

You’ve filled out the paperwork and are ready to serve your spouse their divorce papers. In most cases, the papers can be delivered personally or sent through the mail. Easy, right? However, to your absolute shock, your spouse suddenly disappears. Now, you’re left wondering how in the world you’re going to serve those divorce papers without your partner’s latest contact information. Fortunately, there are several resources in place that assist individuals in serving their spouses. Check out the list below to find out which of these options fit your needs.

Service of Process: If you can’t serve divorce papers to your spouse via delivery in person or through the mail, it is possible to ask another individual to serve the paperwork for you. The individual must be an adult and can be a friend, paid process server, or a county sheriff. Your spouse can attempt to refuse the papers by not answering their door, but the process server can hand the paperwork over when they leave for work or even go to your spouse’s place of employment to deliver the paperwork.

Substitute Service: If the process server attempts three times to deliver the divorce paperwork at your spouse’s home or place of employment and your spouse is not there, the process server can leave the documents with an adult that lives in the spouse’s house or an adult in charge of his place of employment. In this case of substitute service, the process server must inform the alternative party that they are delivering important legal documents for the spouse. Afterwards, the process server will be responsible for filling out a Declaration of Due Diligence form listing the attempts made to serve your spouse. They must also fill out a Proof of Service form and provide a physical description of the person whom they gave the paperwork to.

Service of Publication: As a last resort and after you have exhausted the resources above, you can choose to move on and attempt to serve your spouse’s paperwork through service of publication. For this service, individuals must publish their summons and complaint in a newspaper that is distributed in the region your spouse may reside in. However, before you can use this service you must present your evidence to the court that you attempted to serve your spouse before reaching this last resort. If the court is convinced you did everything possible to contact your spouse, they will allow you to proceed with this service.

Divorce can be stressful and having a missing spouse may seem like you’ll never be able to proceed with your new life. However, there are resources out there to help you divorce your spouse, including attorneys with years of experience in divorce proceedings. If you’re not sure which resource to use to serve your missing spouse, reach out to us at Hoover ♦ Krepelka, LLC for a free consultation. We’ll do our best to get your case moving forward.

Travis Krepelka Talk – Divorce: Custody & Visitation Rights Part 2

Posted on: March 24th, 2017 by admin

Travis Krepelka Talk – Divorce: Custody & Visitation Rights Part 2

Watch as Travis Krepelka of Hoover ♦ Krepelka, LLP continues his previous topic of “Divorce: Custody & Visitation Rights.

Hoover ♦ Krepelka, LLP congratulates Kara Foster on her promotion to Senior Associate Attorney.

Posted on: August 19th, 2016 by admin

Hoover ♦ Krepelka, LLP congratulates Kara Foster on her promotion to Senior Associate Attorney.

The team at Hoover ♦ Krepelka, LLP congratulates Kara Foster on her promotion to Senior Associate Attorney. Kara is an integral part of the firm and successfully manages highly complex family law issues for our clients. Congratulations on a well-deserved promotion, Kara!

Ms. Kara N. Foster attended the University of California, San Diego for her undergraduate education. There she received a B.A. in Psychology and a B.S. in Biochemistry and Cell Biology. Ms. Foster worked her way through her undergraduate career as a laboratory intern for the Lawrence Livermore National Laboratory, Neurocrine Biosciences and Crinetics Pharmaceuticals.

A Northern California native, Ms. Foster returned to the Bay Area for Law School at Santa Clara University School of Law, where she received her Juris Doctor. Originally planning to practice Patent Law, she instead found her calling in Family Law, helping people through difficult life situations. While in law school she worked for the Northern California Innocence Project which helps exonerate wrongfully convicted persons. She also gained valuable experience in the Dependency Court and earned a Pro Bono Award as a Certified Law Clerk for The Law Offices of Allen Korenstein. Ms. Foster joined Hoover ♦ Krepelka, LLP as a law clerk in 2012 and became an associate upon passing the California State Bar. In 2016, she was promoted to senior associate.

In her free time Ms. Foster enjoys reading and baking as well as sky diving, snowboarding and cheering on local Bay Area sports teams.

Is there such thing as a simple divorce in California?

Posted on: April 21st, 2016 by admin

Is there such thing as a simple divorce in California?

When one refers to simple divorce in California, they are most likely talking about an uncontested divorce. Uncontested divorces mainly occur where the parties do not have significant assets or children or in cases where the parties can mutually agree upon the division of debt, assets, and child custody and support if children are involved. Even if you can agree on the terms of a divorce, it is in your best interest to consult with a divorce attorney before starting a divorce in California.

Division of Property in a Divorce in California

California is a community property state. As such, all assets acquired during a marriage are considered community property unless it is by gift, inheritance, or agreement. Those contemplating marriage are free to enter a premarital agreement whereby the division of property in the event of a divorce is decided in advance and enforceable in dissolution proceedings. It is best where parties can agree on a division of the marital property as it saves the expense of a trial on the issue of the division of property. No all parties can agree and not all parties are fully aware of their rights under the law. If you are considering divorce and there will be a division of property it is wise to consult with a divorce attorney who will explain your rights.

Division of a Business in a Divorce in California

If you are considering a divorce and either you or your spouse own a business, you should definitely consult with a knowledgeable divorce lawyer. The laws concerning the division of a business in a dissolution of marriage in California are complicated. The calculation of the value of the business and what, if any, portion of the business is community property to be included in the division of property.

Spousal Support in a Divorce in California

Depending on the length and roles of the parties, spousal support may be awarded to one party. Whether your spouse is looking to you for support or whether you are requesting that the other party pay you spousal support, you should consult with an experienced divorce attorney who will discuss what, if any, support may be due.

Child Custody and Support in a Divorce in California

Child custody and support are decisions best made by the parties involved. When there is a disagreement in the custody and support, the court will make a decision and it may not be favorable or desirable to either party. If you cannot agree with your spouse on a timeshare with the children and any support payments, you should contact a divorce attorney that will explain your rights and evaluate your circumstances to give you an idea of what you may owe or receive in child support under different timeshare conditions.
Hoover Krepelka, LLP offers one-hour complimentary legal strategy sessions for those in need of legal advice pertaining to divorce in California. Call us today at (408) 389-7099.

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