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Family Law Facilitator (FLF)

Self Help Center (SHC)

Answers to Frequently Asked Questions

Question

Response

What are your hours of operation?
  • The office is open Monday through Friday 8:00 a.m. to 4:30 p.m.
What services do you provide?
  • FLF/SHC helps parties help themselves
  • Staff assists parties by identifying the judicial council forms related to their matter, assisting parties complete the forms, and providing instruction on how to file their paperwork.
What types of matters can I get help with at the FLF/SHC?
  • Simple Divorces
  • Child Custody, Visitation or Support
  • Spousal Support
  • Paternity
  • Domestic Violence Restraining Orders Civil Harassment
  • Restraining Orders
  • Landlord/Tenant (Residential Only)
  • Guardianship (Person Only)
  • Other civil matters as time permits
The center does not provide assistance with all types of matters. Although not covered, we will attempt to refer individuals to other resources for assistance. THE CENTER DOES NOT PROVIDE 1-on-1 assistance with:
  • Small Claims
  • Probate
  • Conservatorships
  • Real Estate
  • General Civil Claims
  • Workers Comp
  • Personal Injury
  • Bankruptcy
  • Employment
Do I need an appointment?
  • No – In most cases, the staff can answer quick questions on a walk-in basis or over the phone. If the matter is more complex, the staff will schedule an appointment. Feel free to call.
How can I get help filling out forms? There are many different types of help available.
  • You can hire a lawyer.
  • You can hire a paralegal
  • You can get help with forms on the internet:

www.courtinfo.ca.gov

www.ezlegalfile.com

  • You can use the Nolo Press Self-Help books available at the Public Library
  • You can use the Self-help books and other research materials at the Napa County library (located on the first floor of the Courthouse, 825 Brown Street, Napa).
  • You can visit the FLF/SHC office for further guidance.
Do I need a lawyer?
  • Only you can answer that question – it depends on the effort you are willing to make, your experience with such matters, the complexity of your case, whether there is opposition to your request, and host of other factors.
  • You may want to consult with a lawyer to determine how they can help you and then determine if you should go it alone.
How can I find a lawyer?
  • Referrals from family or friends
  • Phone book
  • You may want to observe a court calendar to see what attorneys might fit your needs.
Visit the Napa County Bar Association website http://www.napacountybar.org/ 
Are you my lawyer? Will you go to court with me? Is our conversation confidential?
  • NO! We are not your attorney.
  • There is no attorney-client relationship.
  • We will not appear on your behalf
  • If requested, we will provide assistance to the other side – even on the very same matter.
  • Conversations are not confidential, no one at the office provides legal advice.
  • If you are seeking a confidential discussion about your case, advice on what should do, or need someone to represent you in court, you must hire an attorney.
Can I mail in the paperwork to the court?
  • Yes – Make sure you include a self-addressed stamped envelope with sufficient postage so that Endorsed copies can be sent back to you.
Do you help with matters from other Counties?
  • Yes – If you live or work in Napa but have matter in another county, we will do what we can to assist you with your paperwork. Keep in mind, each county has their own way of doing things and we may not be aware of such differences.
  • Unfortunately, we do not have the resources to help with out-of-state matters.
The other party isn’t following the order. What can I do?
  • Attempt to resolve the problem informally – talk with the other party
  • If visitation, you may be able to return back to mediation to make changes
  • You can have the judge review your case to discuss.
  • You can request the court to punish the other party by filing contempt papers
I am thinking about getting divorced but I don’t know where to begin. Where can I get information about the process?
  • On-Line at www.courtinfo.ca.gov
  • Nolo Press books at the public library or the law library
  • Come visit the FLF/SHC
How long does it take to get divorced?
  • YOU ARE NOT DIVORCED UNTIL YOU GET A JUDGMENT
  • The minimum amount of time is 6 months + 1 day from the date of service if all the paperwork is complete
At what age can our children decide what parent they are going to live with?
  • There is no set age when the child’s wishes dictate where he or she will live.
  • The more mature the child, the greater the weight is given to their concerns and desires
We need to make changes to our orders and both of us agree. Do we need to go to court?
  • No
  • You can put your agreement into writing and then submit it to the court for approval.
  • The agreement must be in proper legal form.
  • The FLF/SHC staff can provide the appropriate forms and instructions to make your agreement a court order.
Will you have an interpreter available in court to assist me?
  • Interpreters are generally NOT AVAILABLE for civil matters.
  • You should make arrangements to have someone who can interpret for you.
Where can I get help with small claims?
  • On-line www.courtinfo.ca.gov/selfhelp
  • Nolo Press self-help guides at the Public Library or Law Library
  • Small Claims Advisor – (707) 253-4254
  • FLF/SHC can answer specific questions related to procedure but they do not provide 1-on-1 assistance with small claims forms.
Can you serve the papers for me?


Who can serve papers for me?
  • No!
  • You must find a third party to serve legal papers for you .
  • The following people can serve papers:
    • Relative or friend at least 18 years old and not a party to the case
    • The Sheriff
    • A professional process server – can be found in the phone book
What if I can’t find the other person when I try to serve the papers?
  • You must use due diligence to personally serve the other party.
  • If you are not able to personally serve the other party, the FLF/SHC can let you know what other options may be available.
Can I mail the papers to other party?
  • It depends. Please talk with us at the FLF/SHC to see if mail service is an option in your matter.
  • If you can serve your papers by mail, you must still have a third-party or relative who is at least 18 years and not a party to the case do the actual mailing for you.
How do I change our existing visitation order?
  • Either party can request the matter be referred back to mediation and the court by filing an Order to Show Cause.
  • You can obtain information and forms on-line at www.courtinfo.ca.gov/selfhelp
  • You can visit the FLF/SHC to obtain information and assistance with the Order to Show Cause forms.
How do I change my Child Support Order?
  • You can obtain information and forms on-line at www.courtinfo.ca.gov/selfhelp
  • If you have Child Support Services Case manager, you can contact them for assistance in processing your request to modify
  • You can visit the FLF/SHC to obtain information and assistance with the forms.
What does the Family Law Facilitator do and how does that fit in with the Self Help Center?
  • The Family Law Facilitator program was initiated in all California superior courts to help parties with their child support paperwork. Some courts operate their facilitator and self help services as two separate programs in two different locations. In Napa, we have combined the programs in one location, making it easier for customers to receive the help they need.
Where does the facilitator receive training?
  • The family law facilitator is a licensed attorney. The judicial assistants who work in the center have typically been experienced clerks from other court divisions. On-going training is available from the Administrative Office of the Courts. The most important training staff receives, however, is the on the job training received daily through the challenging issues presented by customers. We also talk to other programs to learn about their best practices.
Can you help someone from start to finish with a divorce, or are you limited to what you can do? 
  • We help with simple divorces. We don’t deal with complex cases involving real estate, pensions, small businesses, trusts or discovery issues. This question also gets to the difference between legal information and legal advice. We can tell people what their options are and help them with their paperwork, but we can’t advise them as to what they should do. We are not anyone’s lawyer – so we can’t advocate for them and must help both sides in a neutral manner.
What one thing do you help people with more than any other? 
  • Regarding case categories, the most frequent requests involve child related issues such as custody and visitation and child support. We also receive many requests for help with domestic violence paperwork. But the one thing we do most is help individuals access the court.