I've been separated for about six years and feel it's time to move on with my life.
There are no children, no real estate, no alimony or anything thing else that I can think of.
I think that she will be willing to sign-off if presented correctly. I have not told her of my intentions but will with the advice of counse.
Floyd A Tobin
You should not have provided your personal information. You may always review the attorneys available on this site in the Find A Lawyer section. There are many fine family law attorneys in your area.
The answers provided in this forum by me and transmitted by users of this forum are not to be considered legally binding in any way, nor is there an intent to form an attorney client relationship. If further information is required, seek competent legal counsel.
In California a flat fee that is non-refundable does not actually exist. A flat fee is a capped retainer and a competent lawyer would charge for his or her services. Because the reality is that something always goes awry in a divorce case, even if, as you state there are no children, real estate, alimony, etc. Even a slight delay can make problems in a divorce case.
Any competent attorney who would even think of charging a flat fee for divorce will put MANY restrictions on representation or else you're hiring an incompetent attorney. Competent legal representation costs money. If the case is as straightforward as you say,then I suggest you get a consultation from a licensed attorney in California who practices family law.
The above statement should not be construed as legal advice, does not create an attorney-client relationship, and is provided purely for informational purposes. You are advised to seek legal advice from an attorney and NOT AN UNLICENSED PARALEGAL SERVICE for any legal questions you have.
F;lat fees can be negotiated and both parties are taking risks. The attorney is risking that the divorce won't exceed the actual fee paid and the party is risking that if indeed it turns out simpler and easier then thought than he/she won't be due a refund. But, yes it is possible to negotiate one. As to me, I can't provide you an answer as we aren't allowed to directly solicit business on this form, so I suggest that you schedule an appointment with an attorney to discuss this in detail. Any attorney will want to know every conceivable issue that could come so that an accurate fee could be properly negotiated.
You do not say how long you were married before you separated. You may be one of those very, very rare couples that qualify for a Summary Dissolution. Family Code section 2400 provides for a summary dissolution of the marriage that is accomplished with a joint petition that both parties sign. Section 2406 provides that each Superior Court is supposed to make available a brochure about the summary dissolution. I have never seen one but the statute says there is supposed to be one. Most couples cannot qualify to use this method of ending their marriage because there are a number of requirements -- one of which is that you find that brochure and read it. Go on line and take a look at Family Code section 2400 and see if you qualify. I cannot think of any better approach than to suggest that you do it together so neither of you thinks the other is doing something sneaky. I hope this is helpful.
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