158: Santa Monica Divorce Process – Santa Monica Divorce

Posted by Tim Blankenship on

In this episode, we will talk about the divorce process in Santa Monica, California. Santa Monica divorce.

We’re talking about how to file Divorce papers, how to start your Divorce in Santa Monica.

We get a lot of calls from individual Court House locations because there’s a Court House in Santa Monica.

We filled a lot of calls, basically saying, ‘Tim, how do we start the Divorce process? I saw you online. We’re interested in using your service but how does Divorce works?’

So we’re trying to answer those questions for the people going through Divorce or considering filing for Divorce in Santa Monica.

So if we look at the bare, the grass roots of things how to file for Divorce, it’s a matter of filling out a couple of forms and getting a case number issued from the court.

Make sure to listen to the latest podcast.

Divorce Process At Chatsworth Divorce Court | Chatsworth Divorce

Posted by Tim Blankenship on

Divorce Process At Chatsworth Divorce Court | Chatsworth Divorce

The divorce process at the Chatsworth divorce court is pretty similar to that of the rest of Los Angeles County, but lets discuss the step by step process to file your divorce case in Chatsworth divorce Court.



The first thing you need to do to file your divorce at the Chatsworth Divorce court is to prepare your initial divorce forms so  they can be filed. Remember, you must file before you serve.  We continue to see this as a common problem among folks who try to file their own divorce case at the Chatsworth court.

Once you have filed your initial court documents with the Chatsworth Divorce Court, again you need to serve them. When I say you need to serve them, i mean you need to have them served.  This can be anyone other than yourself who is over 18 and not a party to the case.  There is a way to do this by personal service or mail service, but make sure you follow proper procedure for each of the different ways.  I have written previous articles on this and recorded several videos regarding this as well.

After you file and serve your case, you need to prepare your financial disclosures known as the schedule of assets and debts and income and expense declaration.  Then you need to file and serve these documents. Again, have them served.

Once you have completed these steps, you need to complete your judgment documents.  If you have navigated the first 2 steps without problems, this part will most likely give you trouble.

This is because there are so many documents to complete your Chatsworth divorce court judgment forms and even those forms can change depending on whether you have a default, default with agreement or uncontested divorce case in Chatsworth.

Of course, it is recommended you hire our full service divorce paralegal firm in Chatsworth to process your divorce case.

Affordable Chatsworth Divorce Paralegal Service | Chatsworth Divorce

Posted by Tim Blankenship on

Affordable Chatsworth Divorce Paralegal Service | Chatsworth Divorce

Our affordable Chatsworth divorce paralegal service takes care of your entire Chatsworth divorce from start to finish. If you are looking for a one-stop-shop for your Chatsworth divorce, look no further.



The affordable Chatsworth divorce service we provide is a full service one as well.  This means that we fill out the divorce forms for you, we filed your divorce documents with the court (yep, no court for you) we will take care of the service of the documents as well as prepare all your financial disclosures that are mandatory by the Chatsworth court and complete your final agreements, known as the Judgment or Marital Settlement Agreement.

We have all the forms and access to court software you will need to complete even the most complex Chatsworh divorce cases.  We will assist you with drafting agreements related to your property, child custody and support orders as well as spousal support orders.  We have the court’s dissomaster software as well, so you won’t have to go to court our pay an extra fee to have those number run.

So when you use our affordable Chatsworth divorce service, we will take care of everything.  The only thing we need from you is to provide us with the information we need to complete the forms.  We are here to answer your questions along the way, and believe me you will have plenty of questions.

There is just too much that can go wrong either trying to do your own Chatsworh divorce yourself or hiring someone that just does the forms and leaves the procedural aspects up to you.  The forms are difficult, but where people really struggle is with the process and procedure of moving through the courts archaic process.

Give us a call for a free phone consultation so we can discuss your specific circumstances.

 

Burbank Divorce | How To Divide Your Pension During Divorce In Burbank

Posted by Tim Blankenship on

Burbank Divorce | How To Divide Your Pension During Divorce In Burbank

If you are going through a divorce in Burbank and you have a pension that needs to be divided, you are going to need a Qualified Domestic Relations Order, otherwise known as a QDRO or DRO.

We do provide a pension division service and if you used our divorce service for your divorce, we most likely handled your pension division as well.

What kinds of pensions require a Qualified Domestic Relations Order of Domestic Relations Order?

It used to be that just city, state and county type pensions required a QDRO, but we are finding that just about any type of plan considered to be a retirement plan will most likely require a QDRO.  This applies to most 401k’s, 403b’s,

The best thing to do if you are going to get a divorce or are going through a divorce is to simply call your retirement plan up and let then know your are going through a divorce and ask if they will need a QDRO to divide the plan.

If they say “yes”, then ask for a QDRO Package.  They will likely have a package of information to send to you either via mail or email.  We will need this QDRO Package to prepare your paperwork.  If you have not contacted them, we can make that call of you and get the information we need to prepare the Qualified Domestic Relations Order.

The pension division process looks like this:

First we have to join the plan to the divorce case.  This means we have to file a Joinder which will pull your pension or 401k into the divorce case as a third party.  This lets the court and the pension company know that there is a divorce case.  The effect of the joinder is that is will freeze the pension from withdrawal.

Once we have filed the joinder and served it on the plan, we can work on the QDRO language.  Once we have it drafted, we send it to the plan for approval.  When approved, they will send back to us to obtain signatures, then it goes back to court to get filed.  Once the QDRO is filed it is served on the plan and they will divide the pension as indicated.

We are a full service divorce firm that serves the Burbank area as well as anywhere in California. If you need help with your divorce case or need someone to prepare your Qualified Domestic Relations Order, we can usually do that for about 1/3rd the cost of an attorney.

Related Articles

Do You Need A Divorce Attorney In Burbank?

Where Do I File My Burbank Divorce Case?

What Is The Divorce Process In Burbank?

Burbank Divorce Attorney Not Needed In Most Divorce Cases

Posted by Tim Blankenship on

Burbank Divorce Attorney Not Needed In Most Divorce Cases

If you live in Burbank and are considering going through a divorce, you may be thinking that you need to hire a divorce attorney.

Well, I am here to tell you that only less than 10% of all divorce cases filed in California actually need or used an attorney for their divorce.

What is the first word you can think of after you hear the word, “divorce?”  I bet it is attorney. And this is why I wanted to write this article to let people know that there are times when you need an attorney and times when you don’t.

When You Don’t Need An Attorney

As of this writing we handle nearly 50 divorce cases every month.  None of these folks needed or used an attorney to complete their divorce. They relied on our Burbank divorce service to complete their entire divorce case from start to finish.

Here is what our clients have in common:

  1. They are somewhat amicable.  You don’t have to be completely amicable and friendly, but you just have to be willing to attempt to go through the divorce process like adults and keep emotion out of it as best as you can.  We get it, you are going through a divorce, but just try your best to get through the divorce process.
  2. They want a good relations for their kids.  If you have children, especially young children, you are going to have to co-parent and will be in each others lives for a long time to come.  It is best that you keep at least that part of your relationship in tact so you both can do what is best for your children.
  3. They don’t want to go to court.  If you come to an agreement outside of court, no court appearance is necessary.  The courts don’t want you in their courtroom, they want you to figure that out on your own or with the assistance of mediation.  Our service handled the court for you so you won’t have to go to court.

When You Need An Attorney

There are just going to be times when you need an attorney.  If you are going to need legal advice or representation in court, then you are going to need an attorney. Unfortunately, there are people out there that will attempt to cheat the system and lie, hide assets, close joint accounts, move away with the kids or do one of 100 different things someone can do to harm the other party.  When these types of things happen, you will most likely need an attorney.

We handle a lot of divorce cases in Burbank. If you think you and your spouse can get through the divorce process with assistance and guidance from us along the way, then we encourage you to call us.  Even if you use our Burbank divorce service and later realize that you do need and attorney, you can always move on and nothing is lost.  Because we follow the exact process and procedures attorneys do, they can simply pick up where we left off.  At least you would have saved a bunch of money up to that point.

Related Burbank Divorce Articles

Where Do I File My Burbank Divorce Case?

What Is The Divorce Process In Burbank?

 

Where Do I File My Burbank Divorce Case?

Posted by Tim Blankenship on

Where Do I File My Burbank Divorce Case?

If you live in Burbank and are getting a divorce, you may be surprised to learn that the Burbank divorce court does not handle divorce cases.  It seems odd, but the Burbank divorce court that once provided divorce services in Burbank no longer handles divorce cases.

So where do i file my Burbank divorce case?

Pasadena!

Yep, Burbank residents have to file their divorce case in Pasadena.

There have been several court changes and closures, and this is one of the changes that affect folks who live in the Burbank area.

But there is a better way than trying your to file your own divorce case and having to make numerous trips out of Burbank.

Many people try to save money by deciding to file their own Burbank divorce case.  Over the years of assisting people with their Burbank divorce case, I can tell you that many times, the folks who are trying to complete their own Burbank divorce case often end up spending more money on their divorce than if they had just called us for assistance from the beginning.

Let me explain.  If you go through an uncontested Burbank divorce you are going to have to pay the filing fee twice.  Yes, you read that correct. You will pay 2 court fees.

In an uncontested divorce, one party will decide to file (the Petitioner) and the other party will file a Response ( The Respondent)  There is a fee both for the filing fee and the response fee.

Now if you are like our clients and going through a mostly amicable divorce, one of you is either paying for the entire cost of the divorce or you are splitting the costs.

When you use our service, we can get you through the entire divorce process on just a single court filing fee.  This will save you over $400 in court costs.

When you factor in our fees, it is not that much more expensive to use our professional divorce preparation service than it is to do it yourself.  This is not even counting the amount of time and energy you will spend trying to figure out the divorce forms and process.

Give us a call to handle your Burbank divorce case.  We take care of your entire divorce case from start to finish.

Burbank Divorce Court | What Is The Divorce Process In Burbank

Posted by Tim Blankenship on

Burbank Divorce Court | What Is The Divorce Process In Burbank

To answer the question of what is the divorce process in Burbank, I would first have to say that the if you live in Burbank, CA, you now have to file your Burbank Divorce all the way out in Pasadena.

That said, the divorce process in Burbank will follow the divorce process in Pasadena.

So lets get started

What is the Divorce Process In Burbank?

The divorce process in Bubank (or should i say Pasadena) is the same divorce process as it is across most of the State of California.  When you have us complete your Burbank divorce case for you, we like to break the process down into 3 steps.

Step 1 of the Divorce Process In Burbank

First, you will want to complete your initial divorce court documents which includes the Divorce Summons and Petition.  There is also a form you will need regarding where you live and if you have kids, you will have to complete a UCCJEA.  Once these are completed, you will file them and then have them served on your spouse.

Step 2 of the Divorce Process In Burbank

After your Burbank divorce case is filed and served, the next step is to work on your financial disclosures, otherwise known as your Preliminary Declaration of Disclosure.  This includes the Income and Expense Declaration and Schedule of Assets and Debts.  You would complete these and serve them on your spouse.

Step 3 of the Divorce Process In Burbank

Once you have filed and served and completed your financial disclosures, the next step is to complete your judgment.  This will be one of the most tedious parts of your Burbank divorce.  There can be as many as 30 different forms to complete and way too much explanation to try and address them here.

We recommend using our Burbank Divorce service to complete your Burbank divorce.  We are a full service divorce paralegal firm that specializes in only divorce and handles the Burbank area.  We take care of filing, serving, preparing your financial disclosures and completing all agreements and the judgment.  We have access to the court’s dissomaster software and can help with spousal support, child support, custody, visitation and any other orders you would like included in your Burbank divorce case.

 

Is California Spousal Support Or Alimony Tax Deductible

Posted by Tim Blankenship on

Is California Spousal Support Or Alimony Tax Deductible

We’re not Divorce attorneys. We’re not Tax Accountants or Tax Lawyers or anything like that. So don’t consider any of these advices.

But we are going to be providing information today from the Franchise Tax Board specifically about issues of alimony and spousal support in California.

And I want to provide that information in video format so it’s more easily found. And today’s video is about can I deduct alimony paid?

Can I deduct alimony or spousal support?

So when you’re making the payments to your spouse for alimony or spousal support it can be a tax deduction for you.

So let’s talk about what the Franchise Tax Board says specifically about that. So this is titled can I deduct alimony paid?

Says the law requires alimony payments to be reported as income by the recipients.

So your spouse would have to report the income she receives or he receives as alimony or spousal support in California.

The person who pays the alimony may take a deduction for these payments. So the payors spouse payee or payor, I forget how that works the payors spouse will deduct or can deduct the spousal support or alimony payments.

And the person receiving has to report that as income. Alimony payments you make are deductibles.

So that’s the advantage here, if all of the following requirements are met.

So, here’s the requirements to be able to take that tax deduction or included as income.

Number one, you pay in case, checks or money orders.

Number two, the divorce or separation instrument does not say that the payment is not alimony.

Let me read that again. The divorce or separation instrument does not say that the payment is not alimony.

Okay, so it has to say a specifically alimony. God, I love how they write this.

Number three, you and your former spouse are not members of the same household when you make the payment.

Okay, that’s interesting. So if you’re a lot of my clients going through divorce are still living in the same house, so, if that’s the case according to this if you’re living with your spouse through the divorce and you’re paying alimony or spousal support that would not qualify you to do this.

Number four, you have no liability to make any payment after the death of your spouse of former spouse.

Number five, your payment is not treated as child support. So that’s obvious.

Child support is not tax deductible. Alimony is, if you meet these five criteria.

And one criteria, because one of the other criteria that they left out is it’s on here but it’s not under this particular question is there has to be a court order in place for that spousal support or alimony payment.

So you can go back and look at that video in this series. So that’s what has to be in place.

That has to be the requirements if you’re going to deduct alimony or spousal support that you pay in California.

Tim Blankenship specializing in California Divorce, I hope this video was helpful.

Please give us a call for a free consultation 661-281-0266 specializing in California Divorce anywhere in California.

 

Divorce Mediation Service Chatsworth | Chatsworth Divorce Service

Posted by Tim Blankenship on

Divorce Mediation Service Chatsworth | Chatsworth Divorce Service

Today, I want to talk about Divorce Mediation in Chatsworth.

So if you live in the jurisdiction of the Chatsworth Courthouse for your Divorce that’s anywhere in most of the Northern part of the San Fernando Valley and Santa Clarita Valleys, you’ll be filing in the Chatsworth Courthouse.

And I want to talk to you about some of your options when it comes to Divorce and specifically mediation in those cases.

So when you go through Divorce and if you have an amicable case or it’s starting off amicable that’s great.

You can get through your Divorce. You can even use a service like ours in most cases for any Divorce circumstance.

And we can help prepare your forms and get you through the court process and complete your Divorce case with no additional third party services.

But sometimes where the parties have disagreements or they’re unable to come to an agreement on certain areas.

Be it a single issue or multiple issues Divorce Mediation can be very helpful.

What mediation does is there are different varities of mediation. It could be a solo mediator helping you guys just with issues of communication.

It could be a co-mediation where you have an attorney or maybe two attorneys in a room sitting there and helping you guys work through your issues.

But Divorce Mediation it comes in different types of mediators. I guess that is what I want you to know.

And each type of different mediator it really depends on your circumstances.

Some of our clients just have difficulty in communicating with their spouse.

And they need someone to be there to provide let’s say if environment for communication, so, they can get through these agreements and don’t have to spend the money on costs of the attorneys.

Sometimes you may have a super complicated case and you need an attorney in the room, that’s a Mediator Attorney.

They can help you with your divorce and answer legal questions as you guys are going through mediation.

But regardless before mediation you don’t have to have your all answers put together before you file for divorce.

What we encourage folks to do is to give us a call so we can get your Divorce case started.

Most people don’t understand that you don’t have to have all your agreements in place.

In fact, to file for Divorce you only need a very limited amount of information.

It’s mostly statistical in nature as far as the party information and the children’s name and so forth.

But you don’t have to have any agreements or property known or disclosed at that time to get the case filed.

In some very broader point of information and what we encourage is get people file their case and get it serve so you start the clock on the sixth month divorce process.

So I hope that was helpful regarding mediation.

If you want to get your divorce case started, give us a call.

We’ll be happy to assist with preparing and filing your Divorce case at the Chatsworth Courthouse.

Tim Blankenship Divorce661.com or give me a call at 661-281-0266 for a free phone consultation.

157: Process Of Divorce In Torrance, CA – Torrance Divorce Paralegal

Posted by Tim Blankenship on

In this episode, we will discuss the process of divorce in Torrance, California. Divorce paralegal service in Torrance, California.

I want to explain to you what is the Divorce process, what would we do for you if you hire us to help you with your Divorce in Torrance? What will that look like?

So first of all when you contract for services with us, we will take care of everything from start to finish.

All the forms, go down the Torrance Court House, file them, help with service with your spouse either by mail or personal whatever needs to happen, all the financial disclosures all the agreements from A to Z we’ll complete your case.

Make sure to listen to the latest podcast.