What Financial Documents Do I Need For My Santa Clarita Divorce

Posted by Tim Blankenship on

What Financial Documents Do I Need For My Santa Clarita Divorce

Gathering financial documents for your divorce will probably not be on the top 10 fun things to do.  How do I know this?  Because this is where the divorce process inevitably slows down and I have to follow up with my clients to make sure they are on top of it.

Essentially, you will need to compile a list of all your financial documents (assets and debts ) that you obtained before you were married, durring marriage and after separation.  As part of the mandatory financial disclosure process, you will have to supply copies of your most recent statements and other financial documents to the other party.

It is a good Idea to list your assets and debts based on what is community property and what is separate property.  When it comes time to complete your financial disclosures, you will need copies of the following Assets and debts.  Generally, just your most recent statement will suffice.

ASSETS:

  1. Checking and saving accounts
  2. CD’s
  3. Real Estate Deeds
  4. Stocks
  5. Bonds
  6. Mutual Funds
  7. Stock Options
  8. Vehicle information
  9. Household Furniture
  10. Life Insurance Policies
  11. Tax Refunds

DEBTS:

  1. Mortgage
  2. Lines of Credit
  3. Credit Cards
  4. Vehicle Loans
  5. Student Loand
  6. And any other debts

If you are wondering what all is involved in completing your financial disclosures, you can read the article and watch the video on how to complete the schedule of assets and debts and how to complete the income and expense declaration.

For many folks who are going through an uncontested divorce it may seem unecessary as sometimes the accounts and financial statements are almost identical if not exactly the same for both spouses.  However, this disclosure process is essential if you want to have your divorce finalized.

Once both parties have completed ther process of the finanical disclosure, you can move on to preparing the judgment which essentially divides up the assets and debts.

For more information on the financial dislosure process during divorce please give us a call or visit ou

Can You Live Together During Your Santa Clarita Divorce?

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Can You Live Together During Your Santa Clarita Divorce?

Not only can you live together during your divorce process, but many folks have to live together during the divorce process.

Some divorcing couples continue to live together even after they have agreed to the divorce.  In fact, a large majority of my clients continue to reside together throughout the entire divorce process.

It is not uncommon that the main reason behind continuing to live together even though they have decided to get divorced is money.  In most cases, the standard of living as far as housing is concerned probably will not be the same.  It’s just a numbers game.  Where you had two incomes to support the family unit, that same money essentially need to be spread across 2 households.  Plus, lets not forget that your incomes are not combined anymore.

Sometimes in contested cases, the date of separation can become an issue so staying together could have some risks for issues that are tied to the date of separation.  When you file for divorce, however you will be indicating the date of separation on your divorce forms.

Most spouses figure out a temporary living arrangement whether they continue to live together or not.  Whether this be sleeping on the couch or separate bedrooms, most people figure out a way to make it work at least until they are further along in the divorce process.

Sometimes there is a disagreement of who should move out of the family residence.  Determining who should stay and who should go is probably best determined by the spouses keeping in mind the welfare of the children, if any.  Other than that, any legal reasons  why one should stay or leave the home should be asked of an attorney.

We specialize in providing an affordable flat fee price for getting you through the divorce process.  We are headquartered in Santa Clarita, CA and can serve all the Courts in Los Angeles County.  We provide a 100% online divorce process which means you will never have to come to our office.

Does It Matter Who Files For Divorce First?

Posted by Tim Blankenship on

Does It Matter Who Files For Divorce First?

Many times I am asked if there is a difference if one spouse files for divorce before the other.

If we look to what the court say about this, you will see that they indicate that normally it does not matter who is the first person to file the divorce papers.

This is because the court does not give an preference to the first person who files for divorce nor do the courts give any disadvantage to the person who is the respondent.  So it could be as much as simply using the terms Petitioner and Respondent to identify the parties only.

Because California is a No-Fault Divorce State, the Petitioner can be either of the parties.  A divorce filing in California does not have to be initiated by any specific person in the marriage.  It could be the spouse who feels the other is the reason for divorce or themselves.

When it comes to filing for divorce in uncontested matters, sometimes it is best to talk to your spouse  about who should be the Petitioner and file the initial divorce documents and who should be the Respondent.

Because part of the divorce process involves the Respondent to be served with divorce papers, it may make sense to have a conversation about who should file and who will be served.  To keep the divorce process going smoothly, the spouses should speak and determine who is going to take on this role.

Regardless if your are the Petitioner or Respondent, you will have the same opportunity to prepare all the same documents as the other party.

Give us a call for more information about the divorce process and who should file first.  We can often speak to both spouses and help make the determination of who might be best to be the first to file the divorce documents.

We provide affordable divorce services throughout California.  We are headquartered in Santa Clarita, Ca and serve all the Courts.

What To Do When Your Spouse Won’t Give You A Divorce

Posted by Tim Blankenship on

What happens if your spouse does not agree to getting divorce and they say they won’t give you a divorce?

Well in California, the short answer is that is just does not matter if your spouse does not agree to give you a divorce.  That’s right, you can complete the California divorce without any participation from your spouse.

In Fact the California Courts say that in California, it is not necessary for both spouses to agree to the divorce.  Either spouse can decide to end their marriage.  It is not necessary that the other spouse agree to give you a divorce.

If your spouse does not want to give you a divorce, there is nothing they can do to stop you by refusing to participate in the divorce case.  The other spouse does not have to sign anything that says they agree to the divorce.

If your spouse does not participate in the divorce case, you will still be able to get a default judgment and the divorce will still go through.

There are few reasons why one would proceed via a default judgment.  One reasons would be that the other spouse just does not care to participate.  In this case the filing party could simply proceed without the other spouse using the default judgment.  Another reason would be if your spouse is not opposed to getting divorced and is in agreement.  Sometimes there are benefits to not participating in the divorce through the default judgment such as costs.

You see, if your spouse was to respond, they would also have to pay a filing fee.  If you both agree to the terms of the divorce, there may be no reason for the other party to enter the case.

This can be achieved by other means as well.   The Hybrid Judgment is another way for the parties to get divorced without having to file a response.

We are a licensed and bonded legal document preparation service that specializes in the divorce process.  We can complete your California divorce at a price you can afford.

We are located in Santa Clarita, California and provide a 100% online virtual divorce process.  Because we complete the divorce process completely online, we are able to serve all the Courts in California and help you get through the divorce process smoothly.

How To Divorce Without Spouse Agreement | Santa Clarita

Posted by Tim Blankenship on

How To Divorce Without Spouse Agreement | Santa Clarita

I had just prepare the below video and had uploaded it to YouTube when I received a call asking the exact same question I has just answered on video.  The question, or should I say it was more of a statement was ” My spouse said she is not going to fill anything out and won’t give me a divorce”.

Watch the below video for how you can handle this type of divorce scenario.

As stated in the video, the Court’s have a process where you can get through the divorce process even if your spouse is not going to cooperate or participate in the divorce.  There is nothing that your spouse can do to prevent you from getting a divorce and you don’t need their agreement either.

The Courts have a process known as a default.  The default means that the other party did not prepare a response in the allotted time and you are moving forward with the divorce case.  There are certain forms you need to prepare when filing a default judgement which vary slightly from other types of divorce judgments.

What you should take from this is that whether or not your spouse want’s to “give” you a divorce is not up to them.  It only takes one to file for divorce.

Default judgments happen often and are sometimes used intentionally to save on the costs of filing a Response to the divorce.  For instance you can file a Hybrid Divorce Judgment wherein on party does not respond, but you can still enter into an agreement.

How you proceed in your divorce will ultimately depend upon what the other party does.

For more information about the divorce process or to learn more about our affordable divorce document preparation service, please give us a call.

Experience Counts When Going Through Divorce | Santa Clarita

Posted by Tim Blankenship on

Experience Counts When Going Through Divorce | Santa Clarita

The divorce process is complex, the paperwork can be confusing and court procedure is always changing.  That is why it is important to work with an experienced divorce service when you decide you want an affordable divorce solution.

We recognize that we are not the only company you can turn to, to get a divorce.  However, we are the only licensed and bonded legal document service that specializes only on divorce.

Hopefully, you are only going to go through divorce once.  Do it right and use an experienced professional that can get you through the divorce process right, the first time.

Did you know that these franchise type legal service companies are not licensed and bonded legal document assistants?  The franchise they own or work at is a legal document preparation company, but the actual person helping you is not.

We feel we are your best choice when it comes to choosing an affordable divorce document preparation service for your divorce.

What are you going to do when you run into a little bit of trouble with your divorce.  These franchise legal service companies won’t be able to help you.  They just don’t know how the procedure works at the divorce court.

However, when you work with us, that is not a problem.  We have worked at the self help clinics, completed internships with the Superior Courts family law division and worked for local area family law firms.  When it comes to experience in the divorce process, you won’t find another company with more experience.

Please give us a call for more information about our divorce legal services. We serve all the courts in Los Angeles and provide a 100% online divorce solution.  You will never have to step foot into our office.  We look forward to speaking with you.

What Is A Mediated Divorce | Santa Clarita Divorce

Posted by Tim Blankenship on

What Is A Mediated Divorce | Santa Clarita Divorce

A divorce mediator is a neutral third party who sits down with the divorcing couple together to try and help you resolve some or all of the issues of your divorce.

It is not up to the mediator to make any decisions for you, rather they simply mediate by keeping the communication lines open between you so you can continue to negotiate the terms of the divorce and come to an agreement on any remaining issues.

Why would you want to use a mediator?  Because it costs less than hiring an attorney and going to court, for one.  Mediation is a less costly alternative than going to court and hiring attorneys.  While you can still expect to pay attorney type hourly fees in the several hundred dollars per hour area, you are only paying one person as opposed to two separate attorneys.

More important than money, perhaps, is that mediation is a good way to work through the issues.  Ultimately, if you do not agree to the issues among yourselves, you will have to leave it up to a judge to decide.  I don’t think a judge can make a better decision about your family than you can.  Do you?

Now there is really no reason you have to hire a professional mediator in some cases.  Why not just try to sit down at the kitchen table and try and work it out.  That is what I tell my clients.  The more time you spend at the kitchen table trying to work out your issues, even thought it will be difficult, will save you time and money in the long run.  Not to mention lessen the emotional toll divorce can take on you.

And before you run out an spend money on a divorce mediator, remember that there are court facilitators at the court that is free of charge.  So if you have some issues with child custody or visitation or spousal support, for instance, you can always make an appointment with the court to have them help you resolve your issues.

Is California A No-Fault Divorce State | Santa Clarita

Posted by Tim Blankenship on

Is California A No-Fault Divorce State | Santa Clarita

Many times when people call to inquire about our divorce service, they are inclined to let us know the reasons behind their wanting to get divorce.  And we understand, folks want to tell their story, and we are genuinely interested.

Other folks tell us then ask if they will have any advantage by not being the one who “caused” them to want to divorce or who was “at fault” for causing the divorce.

California is known as a no-fault state.  This means that it does not matter the reason for the divorce.  Previously when you had to show fault for getting a divorce, one party would have to take the blame even if there truly was no fault.  So they would have to conjure up some reason so they could get divorced, even when they were in complete agreement about getting divorce in an uncontested manner.

Some of the reasons for an At Fault divorce that would justify legal blame for an at-fault divorce were:

  1. Adultery
  2. Abuse
  3. Abandonment
  4. Extreme Cruelty to spouse
  5. Inability to engage in sexual intercourse that was not disclosed before the marriage

So what took the place of the at fault divorce?  The word is Irreconcilable Differences.  What do you have to prove with Irreconcilable differences?  Essentially that there is an irremediable breakdown of the relationship.

What is interesting is that other than checking the “irreconcilable differences” box on the divorce paperwork, there is nothing you have to prove to substantiate that.  So really, you don’t even have to show any proof of a irremediable breakdown.  Simply checking the box is enough to file for divorce in California.

We are a licensed and bonded legal document preparation service that specializes in the divorce process.  For more information about our affordable divorce service, please give us a call.

Divorce Attorneys On Youtube | Santa Clarita

Posted by Tim Blankenship on

Divorce Attorneys On Youtube | Santa Clarita

I promote my business completely online.  In fact, I do all my own marketing.  Whether it be my blog, Youtube videos or divorce webinars, I am the one at the helm doing all the writing and lead generation.

On occasion, I will go various attorney blogs or YouTube videos and comment on their articles or videos.  Nothing more than encouraging them to do more videos or write more legal blog posts.

You see, the legal field is very slow to adapt to technology.  This includes marketing and using video and blogs to market their companies.  This has made it possible for me to step right in and dominate the legal blogosphere with my blogs and YouTube advertising.

What happens is that divorce attorneys tend to take offense at my marketing.  And I am not sure if they are mad because I am out-performing them in marketing or if they think I am stealing business from them.

It is kind of sad that an attorney would think that I am stealing business from them.  I am not even an attorney.  We just provide affordable divorce options for folks who do not need attorneys.  We also advocate to folks to advise that most people don’t even need an attorney to get through the divorce process.

Well today, I made a comment on an attorney’s YouTube video and simply said, “hey, good job, not a lot of attorney’s doing video or blogging.”  That was it!  Almost instantly I received a response to my comment that was essentially stating how their services were superior to mine.

I laughed at first knowing that we don’t even provide the same service.  They are an attorney and give legal advice and represent people in court.  We are a licensed and bonded legal document preparation service that provides affordable self help divorce services.

Hopefully divorce attorneys will learn that I compliment the legal field and am not a threat to them.  In fact, I am a good referral source for attorneys.

There is plenty of business for everyone.

He who markets most wins.  And I know how to market….

We are a licensed and bonded legal document assistant specializing in the divorce process.  Give us a call for more information about our services.

 

Los Angeles PACT Class Now Online | Santa Clarita Divorce

Posted by Tim Blankenship on

Los Angeles PACT Class Now Online | Santa Clarita Divorce

 

On July 31, 2012 the Los Angeles County Family Law Courts announced that the mediation program is now available online.  Called the”Our children First” program is the Court’s new orientation mediation class.

Taking the class online satisfies the Court’s requirement for parents to complete a mediation orientation.  If you have already attended the in-class PACT class, you do not have to take the online class.

Parents are required by law to attend the mediation orientation also known as parent education program and a mediation session prior to appearing at an Order to Show Cause or a Trial regarding the custody or visitation of their children.

Parents only have to complete this online program once.

The online PACT class must be completed in one sitting to ensure that you receive the required information in the clearest possible manner.  It is the expectation that after you have completed this program you will have all the answers and information necessary to attend your mediation session.

The online Our Children First Program will take approximately 60 minutes and will include a variety of activities.

This class is required prior to attending your mediation and prior to attending any hearing.  So this PACT class should be the first class you take prior to both.

We are a licensed and bonded legal document preparation service that specializes in the divorce process.  For more information about our divorce services please give us a call.  We provide a 100% online divorce process, the first to do this in Los Angeles County.