Divorce, Divorce, Divorce Is All We Do In Santa Clarita

Posted by Tim Blankenship on

Every day, Day in and day out, we deal with folks facing divorce.  After years of working for the divorce courts in Los Angeles County and Santa Clarita area law firms, our experience continues to grow.  And experience is crucial when it comes to divorce.

Because we speak to so many people every day, we sometimes get a question that we have not had before.  Or a question about divorce that is just slightly different because the person asking has a slightly different scenario.  When this happens, we are able to give specific direction on how to tackle their particular situation because of our previous knowledge.

I am amazed at how much there is to know in this industry.  We have been immersed in the culture of divorce now for several years which allows us to provide our clients with an insight into the divorce process like nobody else.

When you are considering hiring a company to help you through the divorce process you need to make sure to use someone with experience.   Not just someone experienced with filling out the forms, but someone like us who can answer specific questions about the process of divorce as well as court procedure and navigating the court systems.

If we had not worked for the divorce courts or in a law firm setting as we have for all those years before opening this business, I don’t see how we could provide this service.  In fact, I don’t see how anybody else could hold themselves out as an expert in divorce without the type of experience we have.

When clients call us or come to our office, they have so many questions about divorce in Santa Clarita.  Many of the questions we answer are based completely on the experience we had with the family law court or while working for a family law firm in Santa Clarita.

I guess what I am saying here is that you need to use a divorce company with experience and not just someone who knows how to fill out the forms.

If you have questions about divorce, please give us a call.

 

How To Get Other Party To File Disclosures | Santa Clarita Divorce

Posted by Tim Blankenship on

I have a few divorce cases where one of the parties to the divorce is not complying with the necessary steps of the divorce.  In this case we are talking about when one of the parties does not complete their financial disclosures.

The financial disclosures are necessary for both parties to complete when a response has been filed.  It is not required by the Respondent in default cases, however.

So what do you do when this happens?  If you are trying to obtain a divorce when there has been both a petition and response filed in your case and the other party has not yet completed their preliminary declaration of disclosure, you will have to make a formal request to complete them.  The preliminary declaration of disclosure is mandatory.

Of course, you will want to make sure that you have complied and served your financial disclosures before making a demand for theirs.  What you can do is serve the demand letter at the same time you are serving your disclosures.

But what do you put in the letter?  Fortunately, I have found a template letter which is perfect for this.  All you have to do is add your information to the form and check the appropriate boxes.   Click this link for a copy of the demand letter for preliminary declaration of disclosure.

In the demand letter for Preliminary declaration of disclosure, you will want to state the amount of time the other party has to comply. Most agree that if you are just serving your disclosures, that you should give them 30 days to response and complete their disclosures.

If the other party complies and files and serves their disclosures, then the letter served its purpose.

But what if they still don’t complete their disclosures?  As you will notice in the letter, it says that if they do not comply with the demand for disclosures, you will file a motion with the court asking that they pay your attorney fees and filing fees and compel the other party to complete their disclosures or allow you to continue with the divorce without them doing their disclosures.

Make sure to keep a copy of your letter for your records.  It is likely that you will need to offer it as proof if you end up having to go to court.

If this happens to you, please know that we can help you file the motion to compel the other party to complete their preliminary declaration of disclosure.

You Will Have Lots Of Questions About Divorce | Santa Clarita Divorce

Posted by Tim Blankenship on

If I had to describe what I do on a daily basis, I would say that I spend a huge amount of my day talking to clients and answering their questions about divorce.  Interestingly enough, I answer the same questions over and over again.

That is why I started blogging and writing articles about divorce.  So that I could provide a way to answer folks questions about divorce.  In fact, that is what i do on a daily basis.  Whenever I get a question that I don’t think I answered in my blogs, I will make sure to take the time to not only write an article about it and also do a YouTube video on the issue.

In fact, if you are on this site now because you had a question about divorce, make sure to search through this site.  I have written over 800 articles (as of this writing) about divorce.  I have also created over 120 videos and a bunch of Podcasts.

The idea here is to inform the public about how divorce works.  Despite the fact that there is a ton of information on the internet about divorce, it is written in a legalese fashion making it hard to understand.  Divorce attorneys have not figured out that they need to talk about divorce in plain English. Why say the word “Pleading” when you can just say “forms”.  It is much more understandable that way.

A good example of this is with the computer guy that was just at my office to “network” my computers.  I knew what that meant, but why not just say “connect the two computers together” so they can talk to each other?  I am sure there are just as many people out there that don’t speak “computer” as there are people who don’t speak “divorce”.

You will have lots of questions about divorce. Feel free to read our blogs and search our divorce information.  There is a lot of information you can learn from our sites.  And as always, you can always call us to get answers and help on divorce.

We are a licensed and bonded legal document preparation firm in Santa Clarita that specializes in divorce and serves all the courts in Los Angeles.

Divorce Process Takes Longer Than Expected | Santa Clarita Divorce

Posted by Tim Blankenship on

One of the most frequently asked questions about the divorce process is, “how long does it take”.  There is really two answers to this.

I used to simply say that the fasted a divorce can be completed is in 6 months.  That is 6 months from the day your spouse is served or files their response, whichever occurs first.  But what this article is about is more related to the process and how long it “really feels” like is it taking.

The reason I am writing this article is because many of my clients say that the process seems like it is taking very long to complete.  The funny thing is that these calls and emails come in after only 30 days have passed since we started the process.

What this tells me is that when going through a divorce, time will really drag on.  It can be an emotional process and people just want it done as fast as possible.  They want this other person out of their life and just move on.

So a lot of my job is trying to express that divorce is a process and it is going to seem like it is taking longer than it really is.  There is nothing I can do about it and there is nothing that will make things go faster.  While it is possible to get all the paperwork out of the way quickly, you will have to wait for the courts approval on the divorce judgment which is taking anywhere from 3 to 6 months to approve these days.

I understand that you are frustrated and the divorce process seems slow.  I write many emails to my clients to try and relax and that it will all be over soon.  Just not as soon as you would have hoped.

So if you are going through the divorce process or getting ready to start, just know that it is a process and takes time.  Our divorce sevice will make the process that much easier, but no matter what happens, the soonest it can be completed is in 6 months.

Taking On More Challenging Divorce Cases In Santa Clarita

Posted by Tim Blankenship on

When I first started this business, my idea was that I would handle the cut and dry divorce cases. Ones where both parties agree on all aspects of the divorce and it is more of a transaction.

While the majority of our cases fit this mold, we are starting to see a large influx of clients who have contested divorce cases or cases where there is no agreements.

These are people who would normally hire an attorney to represent them in their divorce. However, this new bread of people coming into our office who don’t want to spend the money on an attorney or find the costs of hiring an attorney prohibitive.

So we have been taking on these more difficult divorce cases. These are divorce cases where it takes more than just filing out divorce documents and requires an expertise as to court procedure and how to maneuver a case through the courts.

We are able to do this because we have, and continue to, work closely with the Los Angeles Superior Courts and have worked for large law firms in family law.

We have been taking cases where clients are representing themselves in their divorce and we are taking them all the way through the court process. From filing the initial petition, to filing motions for support and custody, all the way to trial. We have concluded several cases that went to trial.

Of course, we are not a law firm and are not attorneys, so cannot give you legal advice, but we can advise you the steps that need to be taken as far as court procedure is concerned and complete the necessary documents to get you into court and help you complete your divorce case in Los Angeles.

If you find yourself among this growing population of people who need assistance with your divorce, but find the costs of hiring a divorce attorney prohibitive, then give us a call. We would be happy discuss how we can help you through the divorce process.

Started My Divorce And Now Need Help | Santa Clarita Divorce

Posted by Tim Blankenship on

If you started your own divorce and now need help, you are not alone.  Many people are convinced that they can complete the divorce process on their own.

While there are people that get through the divorce process on their own, they did not do it without facing many problems along the way.  How do I know this?  Because I have lots of people who call me who started their divorce and later found that it was not as easy a process as they thought it was going to be.

People who start their own divorce generally feel that their divorce is pretty cut and dry because they either have an agreement on the terms of the divorce or because they figure it is just a matter of filing out a bunch of forms.

While it is true that the divorce process is just filing out a bunch of forms, a large percentage of people who take on the divorce process on their own are not able to succesfully complete the divorce process without some outside assistance.

That is where we come in.  If you have started your divorce and realize that you are not going to complete it on your own, there is help.  Maybe you got in over your head and the paperwork got confusing or perhaps you got through all the paperwork, only to submit you final judgment paperwork and have it rejected by the court.  What’s worse, is that your case was rejected for forms you completed several months ago in which the clerk stamped, but did not say there was anything wrong with them.  Frustrating to say the least.

We can assist you with your div0rce regardless of where you are at in the process.  We get lots of cases every week which are at different points in the divorce process.  Some have just filed and others did all the paperwork,  but later found they had wasted their time becuase it was all incorrect.

If you need assistance, please give us a call.   We would be happy to take a look at your divorce paperwork and complete a quick review to see where you went wrong. Often, we find that the very first documents completed were wrong and need to start from the begining.  Sometimes we find that the other party was never served.  Rest assured, we will get to the bottom of it and make sure your divorce case is completed.

We are a divorce document prepa

Can I Mail The Divorce Declaration Of Disclosure? Santa Clarita Divorce

Posted by Tim Blankenship on

I had another great question about divorce come through our “ask Tim a question” on our blog and, as I always do will answer by writing an article about it. Why? Because is one person has this question, so do others.

This question was in regards to who can serve the Declaration of Disclosure. This is referring to the FL-140 which essentially is the cover sheet advising the other party that you are serving them with the income and expense declaration and schedule of assets and debts.

I have talked a lot about who can serve what during divorce and which has to be personally served and which forms can be mailed. But i don't think I have ever answered this specific question.

So here is the question. Can you as one of the parties serve your own declaration of disclosure? As this person says, there is nothing on the form that says otherwise nor is their even a place for anyone to say who served it.

In regards to the Declaration of Disclosure, you can mail serve this yourself. You do not have to have someone else do this for you and you do not have to do it personally, but you can if you want. You can either mail this to your spouse or hand it to them.

But don't forget this one critical step that I find self represented clients make. Don't forget to file the FL-141 with the court. This is the Declaration Regarding Service of Declaration of Disclosure. This form needs to be filed with the court.

Here is the video on how to file the FL-141.

Make sure you check the appropriate boxes on the FL-141. For instance, if you are the Petitioner you will mark the box indicating that and that you are serving your forms on the other party either by mail or in person. Don't forget to put the date you served them or the form will be rejected. (everyone misses this) Then simply date and sign your form and file it with the court.

Keep this filed copy handy because you will have to re-submit it to the court when you file your judgment.

I hope this has been helpful. I have also recorded a video on how to complete this form. Now you will know how to serve your declaration of disclosure and how to file the appropriate documents with the court.

 

How To Get Your Spouse To Pay Your Attorney Fees – Santa Clarita Divorce

Posted by Tim Blankenship on

Lately i have been coming across several clients who truly need to hire an attorney due to the nature of their divorce, but are unable to hire one due to lack of money.

In most cases, it has been because of lack of access to money, either because the spouse was a stay at home mom and never had access to the main accounts or because they were cut off when their spouse closed the account so they would not have any money.

So what are you to do when this happens? Sadly, divorce attorneys will not take your case if you don't have any money to retain them. Trust me, I have tried to find an attorney that would do this. They are non-existent.

What you need to do in cases like this is to ask the court to make an order that your spouse pay some of your attorneys fees to you have access to representation. There is a law that says both parties should have equal access to representation. The courts have even said that they are willing to make awards for attorney fees to clients that need them.

The problem is that how to you get a hearing for attorney fees if you can't get an attorney until you have the money?

Here is what I have done for the last couple of clients who have been in this situation. The goal is to file for divorce and complete the necessary request for order motion for attorney fees so we can get a court date set for a hearing.

We will literally prepare all the documents to get you one your way toward a court date where you can ask the judge to make an order that your spouse pay some or all of your attorney fees.

Once you have had your hearing with the judge and they have awarded attorney fees, you can then go out and hire an attorney. The nice thing about working with us is that you will not have spent a bunch on money on an attorney up to this point and no you can move on from where we left off.

If you find yourself in this position, please feel free to give us a call so we can discuss helping you obtain attorney fees so you can hire an attorney for your divorce.

 

Warning To Santa Clarita Divorce Clients Regarding San Fernando Court Legal Services

Posted by Tim Blankenship on

I wanted to issue this warning of types. It is come to my attention through my existing clients, that there is a legal services company standing outside the San Fernando Courthouse offering legal services.

Apparently their game is to approach you and ask if you are representing yourself in your divorce. What they are attempting to do is identify folks who are going to the self help center in an attempt to lure them to their local legal services offices.

I guess this works as a business plan to get new clients, but what has happened is that it seems they will look at your paperwork and say that there is something wrong with it. They are doing a quick review of your divorce paperwork and then pointing out things that are wrong.

Where this has caused a problem is with my clients who i send down there for hearings or to see the facilitator or some other such function.

I received a few calls from my clients who said they were advised by someone who identified themselves as a paralegal and offered to review their paperwork. They quickly pointed out supposed issues with the paperwork that I had completed.

My clients called me to make sure the paperwork was correct. After telling them that their paperwork was, in fact correct, they were able to finish their business at the courthouse.

I don't have an issue with a legal services poaching customers outside the court, but i do have an issue with someone telling people that their paperwork is incorrect when it isn't.

If you are my client, please simply walk past these folks who are doing nothing more than hunting for business dressed up as “free help” from some random stranger standing on the street.

At first I thought it was a pretty good idea to have folks standing out and asking people if they needed help. But after a few moments i realized that is just does not provide the professional image we wish to portray to our clients.

People find us by looking for answers to divorce which we have answered in our over 700 articles on divorce and over 120 videos about divorce in Santa Clarita.

 

Both Filed For Divorce – What To Do – Santa Clarita Divorce

Posted by Tim Blankenship on

It does not happen very often, but often enough to write an article about. What do you do if both husband and wife file for divorce. Meaning, you both went down and filed a petition for divorce.

The times I have seen this happen have been when both parties are upset and they run out and hire an attorney and both of them are in a rush to file for divorce first.

Many issues can arise when two petitions are filed and we will discuss what to watch out for and how to correct it.

Recently a client called me with this exact problem. They both had filed for divorce over a year ago and two petitions were filed and thus, two cases were assigned for the same divorce proceeding.

The first problem comes down to one of the parties being served or filing a response on one of the cases. As happened here, because both parties filed a petition, neither party had ever been served in the other case and nobody had responded to the other case.

Essentially, the divorce had never started, despite over a year having gone by.

So how do you fix this. Well, the first thing they needed to do is get one of the parties served so they could start the clock on the 6 month cooling off period. Generally, you could just pick the case that was filed first. But in this case, many documents were filed under the later filed case, so we decided to use that case instead.

So now that the service is complete, you will need to draft a stipulation to combined the cases and have one of the Petitions to be treated as the Response. Of course, you could always just file a Response, but you would have to pay the filing fee again.

The stipulation would simply request that the petition in one case be treated as the Response. It is not entirely difficult, but both parties must sign and submit for the courts signature.

We are a licensed and bonded legal document preparation firm in Santa Clarita, CA and serve all the courts in Los Angeles County.