Providing Divorce Mediation Services Throughout California
In the divorce process, a common question asked is: Can I use a paralegal instead of a divorce attorney for my divorce?
In the state of California, California Business and Professions Code section 6125 explicitly states that only active members of the State Bar can practice law in the state. Therefore, paralegals cannot represent clients in court or provide legal counsel, but they can assist with many aspects of the divorce process.
So while you can’t replace an attorney with a paralegal, a divorce paralegal is valuable when working side-by-side with an attorney or mediator. Let’s be honest, hiring a divorce attorney requires a lot of money and a lot of time. On the flip-side, you can use mediation or DIY divorce to finalize your divorce for a more affordable cost and time-friendly process. Both of these options eliminate attorneys and cost much less than traditional divorce.
Fresno-based attorney Cameron Sean characterizes the unlicensed practice of law by paralegals as a misdemeanor offense in California.
A paralegal in California can help you with paperwork and procedures under the supervision of a lawyer or mediator, such as filling out forms, scheduling appointments, drafting documents, and conducting research on the behalf of a mediator.
This article explores the roles and limitations of a paralegal in California.
The Legal Information Institute (LII) defines a paralegal in this way:
A paralegal is a qualified professional employed by a lawyer, law office, corporation, or agency and who performs specifically delegated substantive legal work.
The following are the common roles that paralegals perform on behalf of a lawyer or a mediator:
Note that the roles and duties of paralegals may vary depending upon the area of the law they work in, such as real estate, corporate law, etc. A divorce paralegal is a qualified professional whose expertise lies in family law, particularly the legal aspects of divorce, dissolution, and mediation.
A divorce paralegal cannot instruct clients to take certain legal action during the divorce process. However, a divorce paralegal can help clients in the following four ways under the supervision of a family law mediator or attorney.
Divorce involves many legal forms and court forms, many of which can be complex and difficult to understand. The court requires you to complete these forms completely and accurately by certain dates.
A family law paralegal understands the court system and filing procedures and has legal knowledge that can help you with these legal forms and divorce paperwork.
A paralegal can explain complex terms to clients and any other questions or confusion regarding these forms. A divorce paralegal can help you avoid making procedural errors, which might delay and/or complicate your divorce.
Specifically, they can help you with the following documents:
In California, you initiate your divorce or legal separation by filing a divorce petition with the court. Then, you serve your spouse a copy of the filed paperwork through an adult server.
The guidance of a paralegal is useful for serving a copy of filed paperwork to your spouse, as California has specific procedures for doing so. A paralegal would help:
Under California laws, a spouse filing for divorce (petitioner) cannot serve the papers to the other spouse (respondent). For further information on serving your divorce paperwork, read the CALIFORNIA COURT SELF-HELP GUIDE guidelines.
After completing substantial forms related to divorce, the petitioner must file or submit them to the court. Anyone can file in court, but a paralegal can assist with the submission process.
A divorce paralegal, under the supervision of an attorney, can guide clients through important divorce forms and explain how, when, and where to file them with family court to initiate divorce.
A paralegal also ensures that spouses have completed all documents and forms properly. Lastly, they check that forms are relevant and comply with court requirements.
A paralegal can also help clients with filing child support, alimony requests, and/or other documents/forms pertinent to these requests. They ensure that these requests are completely prepared and properly documented.
Additionally, they can guide clients on how to file for spousal support and child requests.
Note: A paralegal may not guide you on whether you qualify for child support and spousal support or how much support you should request, as this is the subject of a lawyer.
Divorce paralegals can handle various legal tasks as authorized by law and under the direct supervision of an attorney.
A divorce paralegal can help an attorney and provide client-centric services, but they also have certain limitations.
Next Reading for You: 6 Tips for Amicable Divorce
Yes, a divorce paralegal can help individuals with many aspects of divorce and the legal process in California by working under the supervision of a mediator or attorney.
Some of the roles of divorce paralegal are:
In California, a paralegal cannot work independently without an attorney and can neither practice law nor give legal advice.
Families First Mediation is a pioneer in the field of divorce mediation. Our entire divorce mediation team takes great pride in being active trainers, divorce mediators and teachers of mediation in the greater California area. If you are considering a collaborative divorce, legal seperation or looking for a san jose divorce lawyer we have services that may be beneficial to you. Take advantage of our vast expertise and background in the field of divorce mediation and our genuine desire to help with your divorce mediation services.