Uncontested Divorce Cases Taking Longer In Los Angeles County

Posted by Tim Blankenship on

The Los Angeles divorce courts are under some severe strain right now.  With budget cuts, layoffs and court closures, we are really seeing an impact on the level of service we are getting from the courts.

What we are finding is that the California divorce cases are taking much longer than they did in the past.

We are not just talking about cases that go to trial and have to see a judge, we are talking about your everyday uncontested divorce cases with self represented divorce clients that never step foot in the court room.

We are specifically talking about the time it takes for the court to review and approve a final judgment in a divorce case.

When you are representing yourself in your divorce, it is just a matter of getting the paperwork through the system.  The final judgment is the last thing that you submit to the court.

The process of the court reviewing and approving the final judgment has always been long, however we are seeing a steady increase in the time it takes to review the divorce judgments.

First it was 3 months, then four.  Now we are seeing it routinely take 6 months and longer.  Now with the layoffs still so fresh from happening, I bet we will see even longer delays.

This can be a frustrating process.  Especially for those folks that have attempted to do their entire divorce on their own.  They are submitting them, only have it rejected 6 months later when they have completely forgotten about it an assumed everything was fine.  Especially since they did not hear anything for so long.

We recommend (if time is a concern) that you submit your final divorce judgment just as soon as you have completed all the paperwork for your divorce.

You don’t have to wait 6 months before submitting your divorce case for final approval.

You can submit your case within 30 days of your spouse being served (if you are doing a default or hybrid style divorce) or immediately if going by way of uncontested divorce.

You case is going to sit in a pile of other divorce judgment in line for review anyway.  You might as well get your case in line as early as possible.

Divorce Attorneys | Looking For Santa Clarita Divorce Attorneys?

Posted by Tim Blankenship on

Most People Think They Need A Divorce Attorney Or Divorce Lawyer For Their Divorce.  They Are Wrong!

If you are looking for a divorce attorney, divorce lawyer or family law lawyer (yeah, they are all the same thing) you are going to want to read this.  If you are a divorce attorney, I would not suggest you read this as you will probably be mad at me for letting people in on these facts.

So I know you are thinking about divorce or perhaps are involved in a divorce now.  You may be considering hiring a divorce lawyer or are wondering if you need one or not.  The reason I know this is that you would not be on this page if you weren’t.

Here is a quick video where we discuss your options for divorce assistance.

Here are a few statistics for you to chew on.

Only 5% Of Divorce Cases Ever Go To Trial

There are only two ways a divorce ends in California.  You either settle out of court or you go to trial.  And with so few cases actually going to trial, there is a good chance that your case is one of the 95% that will settle out of court.

85% Of All Divorce Cases Filed Are Done So Without An Attorney

The divorce process is one where you can represent yourself.  A divorce lawyer is not necessary.  But many people are not aware of the fact that they can represent themselves during divorce.  Those that do, don’t have the time or willingness to do it themselves.

Many People Are Not Aware Of Alternatives To A Divorce Attorney

People have been conditioned to think of an attorney when they think of divorce.  What’s the first thing you think of when I say divorce?  Attorney, Right?  It is probably one of the most searched for terms on the internet as it pertains to the word, “divorce”

But there are alternatives to divorce lawyers and attorneys.

Legal Document Preparation Specialists Are The Answer

We are a licensed and bonded legal document preparation firm that specializes in divorce.  We can complete your divorce from start to finish for one flat fee.

We can do everything a divorce lawyer can do except for give you legal advice and represent you in court.  But with the statistics I mentioned above, there is very little chance you will need it.

But What If You Do Need Legal Advice?

But if you do need some legal advice, you can simply go to an attorney for a consultation.  Read this article where we discuss how you can use our services and then get a attorney consultation only when you need legal advice.

Before you run out and hire and attorney, we recommend you call our divorce service to see if we can help you.  Chances are you will not need an attorney and you will not need to spend thousands of dollars for your divorce case.

We Have Helped 1000’s Of Clients Complete Their Divorce

We have helped thousands of clients get through their divorce without the need for a divorce lawyer.  Our clients come from all walks of life and income levels.  But there is one common theme among them.

None of them want to spend thousands of dollars on their divorce.

Call us today to discuss your options with your divorce.  We will be the first people to tell you if we think you need an attorney.  And if you do, we would be happy to refer you to an experienced divorce attorney.

 

Divorce Settlement | California Divorce Marital Settlement Agreement

Posted by Tim Blankenship on

The Best Way To Complete Your California Divorce Is Through A Divorce Settlement Agreement

Did you know that the courts want you to come to an agreement about the terms of your California divorce.  That’s right. They don’t want you in their court and they want you to figure it out.

They know that you and your spouse are the persons who know whats best for the two of you as it pertains to a divorce settlement.

Here is a quick video where we discuss what a marital settlement agreement is.

What Is A Divorce Settlement Agreement?

A divorce settlement agreement (Also known as a Marital Settlement Agreement) is simply a document that will detail all the agreements of your divorce.  This will cover all areas of the divorce such as:

  • Division of Assets and Debts
  • Spousal Support
  • Child Support
  • Parenting plans
  • And anything else you want included in the final agreement

The Marital Settlement Agreement Is The Final Step To Divorce

Too often, our clients are trying to figure out the entire terms of their divorce before they even take the first step to starting their divorce.  This is putting the cart before the horse.

There is no way you can decide on how to divvy up your assets and debts until both parties have completed their financial disclosures which will allow both of you to have a complete understanding of what is on the table and what needs to be divided.

So What Do You Do?

We recommend that you call our divorce service to discuss the issues of your divorce.  Most people do not need an attorney for their divorce case.

We can help you complete all the steps of your divorce including drafting the Marital Settlement Agreement to be attached to your final judgment in your divorce.

Call us to discuss your options.  We have helped thousands of people complete their divorce.  We are a licensed and bonded divorce document preparation firm that specializes in only divorce.

The owner, Tim Blankenship, is a leader in the legal services field and has worked for the Los Angeles Superior Courts and for major area law firms.  Tim has wrote over 1000 articles related to divorce, has hundreds of “how to” and instructional divorce videos and has a daily podcast.

You can reach us direct at 661-281-0266.  We would be happy to discuss your case and let you know if you are a good fit for our service.

California Spousal Support | What You Need To Know About Spousal Support In California

Posted by Tim Blankenship on

California Spousal Support | What You Need To Know About Spousal Support In California

We have many clients that have questions about Spousal Support.  When going through divorce in California, it is important that you understand how Spousal Support works.

Watch this quick video that discusses spousal support.

Do You Have These Questions About Spousal Support?

  • How Does Spousal Support Work?
  • How is Spousal Support Determined?
  • Can I Get Spousal Support
  • Will I Have To Pay Spousal Support
  • How Much Spousal Support Will I Have To Pay?

How Spousal Support Works And Is Determined

Spousal Support is determined by 2 things.

  1. Income of the parties
  2. Length of Marriage
  3. Need for support

Spousal support calculations can be complex, but at the basic level, this is what is boils down to.

Basic Rules of Spousal Support

  • If you make more money than your spouse, you may have to pay Spousal Support
  • If your marriage is longer than 10 years, the court can retain jurisdiction over spousal support for ever
  • In most cases, the parties can agree to waive spousal support

How Is Spousal Support Determined

As mentioned above, spousal support is determined by how long the marriage was, how much each of the parties make and if there is a need for spousal support.

The Court uses a program called a “Dissomaster” which runs a calculation to determine how much spousal support will be.  The resulting dollar amount is called “Guideline spousal support”.  This means it is simply a guideline.  The parties can agree to more or less Spousal Support than the Guideline amount.

We Can Help You Determine Spousal Support

We are a licensed and bonded divorce document preparation firm.  We specialize in helping clients get through divorce without attorneys and offer a flat fee divorce service.

Part of our services is to help you determine how much spousal support will be if you plan on paying or receiving spousal support.  As mentioned above, you can always decide to waive spousal support.

Your decision to waive spousal support is up to the parties.

We Have The Courts Dissomaster Program

One of the hardest things you will find is that there is no way to get your hands on a Dissomaster report without calling a divorce attorney.  We have found that divorce attorneys are charging $250 just to run a simple Dissomaster spousal support calculation.

Well we have the dissomaster program and running spousal support calculations are part of our flat fee service.

When you work with our divorce service to prepare your divorce case, we will include a dissomaster printout (which is required by the way) when you are going through a divorce in California.  This includes even when you are asking the court to waive spousal support.

Call Us Today!

If you are considering a divorce and want to save thousands of dollars by not hiring an attorney, please give us a call.  We have helped 1,000’s of people complete their divorce without the need for attorneys.

You can reach us at 661-281-0266.

California Divorce | What You Need To Know About Divorce In California

Posted by Tim Blankenship on

There is a lot to know about California divorce. This article will discuss some broad aspects about divorce and what you need to know about divorce in California.

We specialize in divorce in California so we know what questions you have about divorce.

We are a licensed and bonded legal document preparation firm that specializes in divorce.  We help people everyday with their divorce, so we have a pretty good idea of the information you want to know.

If you have searched and found this page, you are most likely at the beginning stages of your research on the issue of divorce.

So let’s discuss some of the considerations you should be thinking about at this stage.

The Divorce Process

One of the first basic questions about divorce is the divorce process itself.  Let’s talk about a few key issues regarding the California Divorce Process.

How Long Does Divorce Take in California?

California has what is called a “cooling off period”.  This cooling off period is 6 months.  This means that your divorce cannot be finalized until 6 months have passed since one of you have been served.  The 6 month clock does not start ticking until the papers have been served.

How much does it cost to get divorced?

The average cost of divorce in California is estimated at $15,000.  I know, that is ridiculous.  Even if you have an easy, uncontested case, divorce attorneys want $5,000 just to get your divorce case stated.  That is why we started this company providing flat fee divorce services.  When you use our services, the cost to file for divorce starts at just $599.

Do You Need An Attorney For Divorce In California?

The answer is NO.  You do not need an attorney for your California Divorce.  You can represent yourself during your divorce.  However, the divorce process is long and complex.  While it is possible to do your own divorce, most people will fail due to the complexity.

We Are Your Solution To Getting Divorced In California!

We are your solution to this problem.  We are a full service divorce company.  We are not attorneys, but are licensed to assist those going through divorce by providing a full service divorce process.  We take care of your entire divorce for one low flat fee.

In all honesty, there is too much information about divorce that can be covered in one article.  The best way to learn more is to call our office and speak to one of our knowledgeable divorce specialists.  Everyone’s situation is just a little different.

We are the only company in Los Angeles County that specializes in divorce.  We have worked for the Los Angeles Superior Courts and large area family law firms and we have helped 1,000’s of people complete their divorce.  We are members of the Los Angeles County Bar Association and Santa Clarita Valley Bar Association.

Call us to learn more about the California divorce process and how we can help you.  You can reach us at 661-281-0266

Information You Need To File For Divorce In California | Santa Clarita Divorce Service

Posted by Tim Blankenship on

Many people feel that they need to have everything figured out regarding their divorce before they file.  This is not true.

In this post, we will discuss the basic information and forms you need to file your case in California.

The first form you will need is the Petition.  This is form FL-100 and will contain most of the information about your requests and statistical information about your marriage.  Here is the information you need to complete the Petition for divorce.

  1. Your name, address and phone number
  2. Your spouses name address and phone number
  3. Date of marriage
  4. Date of separation
  5. Children’s names, date of birth and city & state they were born
  6. Your requests for legal and physical custody of the children
  7. Who is going to pay attorney fees?
  8. Do you want spousal support?
  9. Do you want to pay spousal support?

That is all the information you need to file the divorce Petition in California.

Next is the divorce summons.  This form only contains your name and address. It is fairly straight forward and does not even require a signature.

Depending on what county you file for divorce in, there will be some kind of case assignment sheet.  They go by different names.   It may be called a “Family Law Case Cover Sheet” or “Notice of Case Assignment”  All it is for is to let the court know where you reside so they can make sure you are filing in the proper court.

The last form you will need is the UCCJEA.  This form wants to know the names of your children and where they have lived for the last 5 years.  The court also wants to know if there are any other cases involving your minor children.

So there are only 3 forms you need to file for divorce.  There are 4 if you have children.

You don’t need much information to file for divorce in California.

When you use our Santa Clarita divorce service, these are the first set of divorce forms we will complete for you and which will be filed with the court and served on your spouse.

We are a licensed and bonded legal document preparation firm that specializes in divorce.  Please give us a call for more information.

Los Angeles Divorce Cases Now Require 2 Years Of Tax Returns

Posted by Tim Blankenship on

A major part of going through divorce in California is disclosure.  The disclosure process consists of serving your spouse with information related to your income and a detailed list of all the assets and debts.

This is known as the Preliminary Declaration of Disclosure and is a mandatory step in the California divorce process.

The disclosure process for those living in Los Angeles County has recently changed.  The disclosure laws have changed and you are now required to serve the last 2 years of tax returns on your spouse when preparing your financial disclosures.  This was not necessary in the past.

There was a forms update this July and the language to the Declaration of Disclosure changed.  When you complete the Declaration Regarding Service of Disclosure and Income and Expense Declaration, there is a check box that now includes the fact that you have served on the other party all tax returns filed by the party in the two years before service of the preliminary disclosures.

In the past, the parties tax returns were not required to be served on the other party during a divorce case.  Some other counties had been doing this for a while, so I am not sure if the law was already in place and the forms were not updated yet, but there had not been any talk about it one way or the other.

Obviously, the courts are adding the tax returns to the disclosure process to make sure the parties are aware of the income each of the spouses earn.

So how does this affect divorce cases that are amicable or uncontested?  Well, not too much.  If you are going through an uncontested divorce and are trying to work things out, you won’t have a problem in this area of tax returns.  In fact, all that has to happen is that one party supplies the tax returns and then they are served on both parties.

We are a licensed and bonded legal document preparation firm that specialize in divorce in California.  Please give us a call if you would like assistance with your divorce case.

What Documents Do You Need To File A Motion In California Divorce Case

Posted by Tim Blankenship on

I was working with a client today that wanted us to prepare a motion in his California divorce case.

When we say motion, we are talking about what used to be called an Order to Show Cause or OSC and what is now referred to as a Request for Order or OSC.  All they did was change the name of the form, but the purpose of it is the same.

You would use a Request for Order when you want to set a date for a hearing in your divorce case.  Filing a motion using a Request For Order will get you a hearing faster than if you were to go to trial.  The downside is that the orders that are made at these divorce proceedings leave you with temporary orders.

These temporary orders will be in effect until final judgment in your divorce case.

So lets discuss what forms you need to use to file a Request for Order.

First, you will need the Request for Order, Form FL-300.  You can see that there are several options and check boxes you can use depending on your specific request.  There is also an “Other” box where you can list what it is your are asking the court to make orders on.

Sometimes when you are filing a motion like this with the court, all you need is the FL-300.  If you have a relatively short declaration (your reasoning for the request) you won’t need any additional documents.

However, if you have supporting documentation, you will want to attach that as well.  For instance, if you are making a statement in your declaration and reference something, you should show proof and attach  the document to your motion.

If your request for order in your divorce case has anything to do with money such as child support or spousal support, you will also need to complete an income and expense declaration.

You will file both the motion and the income and expense declaration with the court and both will need to be served on the other party along with the appropriate responsive papers.

We are a licensed and bonded legal document preparation firm that specializes in California divorce.  Please give us a call for more information about our California Divorce services.

Be Aware Of California Divorce Form Changes Effective 7/1/2013

Posted by Tim Blankenship on

If you are in the midst of going through your divorce, you need to be aware that the California divorce forms have been changed as of July 1, 2013.

Not all the forms are changed, but there were some significant changes that will cause you problems if you use the old California divorce forms after this latest update was completed.

The California divorce forms are updated approximately 2 times per year.  There is not generally much notice and we usually find out by receiving our software update disks from our forms provider.

Watch the below video where we discuss a couple of the changes surrounding the disclosures requirements.

I have not had a chance to go through all the California divorce form changes yet, but did want to discuss what we have found thus far.

This relates to the declaration of disclosures which are required to be done in all California Divorce cases.

The courts are now saying that when you complete your preliminary declaration of disclosure in your California divorce case, you will also need to serve 2 years of tax returns.  Some of the divorce courts in California had already required that, but this is a change for us in Los Angeles County.

Now onto the next issue with the changes.  This is addressed to anyone considering using an online divorce form preparation company.  I’m talking about the online divorce form companies that charge you a fee and say they will send you the forms.

In almost all cases, they never update their divorce forms.  They are trying to provide divorce forms to every state in the U.S. and it is too costly to keep up with all the form revisions.

So what they do is send outdated form to you. I can’t tell you how many people call me after being scammed by one of these online California divorce form companies and could not get their paperwork accepted by the court and were faced with multiple rejections of their divorce paperwork.

I have written many articles on the topic of why you should not use an online divorce form company.  I have literally beat it into the ground.  But I am just one person trying to get the word out.

If you’re reading this, please make sure to use a licensed and bonded legal document preparation company.  That is what we do.  This way you know that you are getting someone who is certified to provide legal services and has all the updated and proper divorce forms.

How To Fill Out California Divorce Summons FL-110 | California Divorce Service

Posted by Tim Blankenship on

Are you planning on filing your own divorce in California.  If so, one of the forms you will need to know how to fill out is the California Divorce Summons Form FL-110.

We now there are lots of people trying to complete their own divorce in California so we are making available our video series on how to complete the divorce forms in California.

We are a licensed and bonded legal document preparation firm that specializes in divorce in California. If you are looking for someone to help you with your divorce please give us a call.  We can help in all of California.

The California divorce summons is pretty straight forward and not a lot of areas to fill out.  You will want to take notice of the top of page one that talks about how the Respondent only has 30 days to respond.

(If you have an amicable divorce, your spouse does not have to respond which can save you $435 on your divorce.  Call us to learn how.)

If you are looking for a video which describes and shows you how to fill out the California Divorce Summons Form FL-110, you can watch the video below.

This is just one of the forms you will need to complete and file when completing your initial divorce papers in California.  They are necessary to get your case filed and get a case number.

One of the other forms you will need to complete is the California Divorce Petition Form FL-100 which you can link to here.

So you will want to make sure to read the top of page 1 which says the Respondent only has 30 days to respond.  The other thing to read and take not of is on page 2.  This is where the California Divorce Summons explains the Automatic Restraining Orders (ATRO’s) that go into effect.

Take special notice that the Automatic Restraining orders go into effect on the Petitioner when the case is filed and on the Respondent when they are served.

If you need help filing your initial divorce papers please give us a call,  we can help.