70% Of California Divorce Cases Are Without An Attorney

Posted by Tim Blankenship on

70% Of California Divorce Cases Are Without An Attorney

It has been about 2 years since I have discussed this and I figure as we start to get busy again with divorce filings at the beginning of the year, it is good to discuss again.

70% of divorce cases never have an attorney involved and 80% of divorce cases end and finalize without an attorney. Why is this? And why is the first thing people think is attorney when they are thinking about getting divorced?  If you were to ask around, it would appear that everyone uses a divorce attorney for their divorce, but you are just hearing about your friends with nasty divorce cases.

Many people quietly end their marriage peacefully using our Legal Document Assistant service throughout California.  But you don’t hear about these divorce cases. You only hear the news about celebrities getting divorce and how they take years and costs millions.  And everyone has a friend who got “screwed” in their nasty divorce who seems to share that information with everyone and so everyone feels this is the way divorce is supposed to be. So far from the truth.

So why is it that 70% never use an attorney and 80% finalize without one? That statistic does not seem to make sense.  Here is why. For those people who hire a divorce attorney either at the beginning or somewhere at the middle will part ways with their divorce attorney prior to the case finalizing.

This happens either because the parties settled prior to the trial or what is even worse is that the parties can no longer afford their attorney and the divorce attorney drops them prior to trial.

I get calls all the time where people have hired a divorce attorney, spent countless ten’s of thousands of dollars and right before they need their divorce attorney the most, they can’t afford to pay them so the divorce attorney drops them. Now they are left to handle their trial all by themselves.

For this reason, I tell people that even if you have a contested case and you know you are going to need an attorney, start your case with us and save as much money as possible so that when you really need a divorce attorney you can hire one and have them see it through. Well, at least the 20% of you who will need one!

If you can spare yourself the cost of an attorney. Use an alternative service such as our Legal Document Assistant service or mediation if possible.

 

 

 

Got Divorced And Now We’re Best Friends And Better Parents

Posted by Tim Blankenship on

Got Divorced And Now We’re Best Friends And Better Parents

I have heard this said many times by my clients, “After the divorce, we became friends and better parents”

I have heard this so many times that I decided to write about figuring there must be others who went through this or are wondering what the other side of divorce looks like.

Now I don’t have any scientific proof or even case studies, rather what I am relating here is what many clients have told me over the years.

Just yesterday I had a client call me who is in the middle of a divorce who is using our service. I had not heard from him in a month or so (this is common during the holidays) and he called to get the divorce process moving again.

He said that he didn’t feel the need to move forward quickly and that he and his wife were getting along better than ever and even shared the holidays together.  Before he could finish his sentence I said, “It is almost like getting a divorce takes the stress off the marriage, right?”.

He thought I was a mind reader. What I said to him instantly hit home and then he repeated exactly what I said then asked how I could possibly know that.

So I told him. I have heard that so many times in one fashion or another where people who are either going through the divorce process with us or have completed their California divorce with us that they have a better relationship with their Ex and their children.

Now I am not saying this is the case for everyone nor am I encouraging divorce or even saying that you will become best friends or better parents by filing for divorce… But it does happen.

I spent about 10 minutes on Google trying to see if there were any case studies or other articles about this, but all I could find were articles talking about how to be friends after divorce and things like that. Nothing about this effect we are talking about here.

So what is it about this connection to our spouse we call “Marriage” that causes such a stress that once we break that tie people are able to get along better? I am sure it could be several reasons, whether it be the financial ties or need to “act” or “behave” married when you really are not feeling it anymore.

Maybe getting the divorce allows you to break those feelings and “act” with your true feelings of just being friends.

I am no psychologist or counselor and I definitely don’t have the answer. Even the client I spoke to yesterday could only relate what was happening, but didn’t know what it was exactly that changed.

Divorce661 is a full service divorce firm who specializes in amicable California divorce’s. If you need assistance please give us a call or schedule a free consultation.

Financial Considerations During California Divorce

Posted by Tim Blankenship on

Financial Considerations During California Divorce

When it comes to divorce, one thing you will be discussing is your finances. Aside from having children, your asset and debts division and discussion will likely be the next biggest topic.

I know that is the case with my clients. First they focus on the children, next comes the finances.  Both children and finances are part of divorce and will be part of your Marital Settlement Agreement also know as the divorce judgment.

When discussing your assets and debts as part of a divorce, one of the things both parties will have to do is disclosure. This is where both of you will create a list of your assets and debts that you are aware of.

The court’s require this mandatory disclosure so that you and your spouse can essentially tell each other what you are know exists.  Even if you feel you both know what everything is, the court will require you to certify that you have complied with the disclosure process.

Here are a few things to think about when going through a divorce:

  • Start Collecting Your Financial Documentation

This could mean obtaining your credit card statements, bank statements, mortgage statements, etc. If you are going through an amicable divorce, your discussion regarding asset and debt division may occur at the coffee table while you go through everything trying to figure out what would be fair.  Or you may find yourself in divorce mediation if you need help coming up with a settlement.

  • Make Sure You Both Are Aware Of What Debt’s You Are Responsible For

Once you have agreed on who is  keeping what debt, you will need to make sure that each of you are aware of what assets and debts you are going to be paying on.

In many cases the debt you pay on may stay in both of your names. It would make sense for each of you to open separate credit cards and pay off the community debt and put each of your portions on a separate credit card.

  • Keep An Eye On Your Credit Score

Even in the most amicable of situations you will want to keep an eye on your credit score. This is especially true where you keep credit card debt or even vehicle loans combined because you are unable to get new credit cards or refinance loans into your own name. You wouldn’t want your credit ruined because your ex either forgot to pay the debt they agreed or was unable to pay and did not tell you.

Here at Divorce661, we offer a full-service divorce assisting our clients going through divorce in California who don’t want the high expense of hiring an attorney and who are amicable enough that they can work together with our assistance to get through the divorce process.

Divorce And Pensions : QDRO Fees Can Really Add Up

Posted by Tim Blankenship on

I have written about QDRO’s aka Qualified Domestic Relations Order’s many times in the past, but I found a good article that talks about the exorbitant fees pension plans are charging their customers when processing them.

Companies charge as much as $2,000 per QDRO. Our fee to prepare your QDRO is one of the lowest out there. Click here for more information about our QDRO service.

You see, if you have a pension, 401k or other “defined contribution plan” and you need to split the plan as part of your divorce, you will need to have a QDRO prepared.

We handle the QDRO preparation, however as stated, the Plan’s themselves will usually charge a fee as well.

Below is a quote from an article on the Bloomberg website.

But when a third party such as Fidelity Investments or Vanguard Group handles the administrative and record-keeping details of a 401(k) plan, the QDRO fee charged to participants can start around $300, jump quickly to about $700, and stretch to $1,200 and beyond. That’s on top of what you’re paying the lawyer who prepared the form for the plan to approve and process.

One way record keepers can “enhance profit margins, while remaining competitive on record-keeping charges, is to charge bloated transaction fees to participants,” said Carl Engstrom, an attorney with Nichols Kaster, which has filed excessive-fee lawsuits against plan sponsors, the companies offering the 401(k) to employees. “While QDRO processing fees may seem like an oddball or niche issue, this problem raises issues that echo many of the same themes that we keep hearing in recent 401(k) litigation.”

Plan sponsors can wind up in the legal cross-hairs for allegedly breaching a fiduciary duty by not negotiating for lower fees. The litigation has focused mostly on investment fees and overall record-keeping costs, not on items like QDRO fees.

QDROs are “like a cash-printing machine for plan administrators,” said Emily McBurney, an Atlanta-based lawyer who has specialized in QDROs for 16 years. Plans can essentially charge whatever they want, she said, and “no one can go up against the big record-keepers to say that the amount is not reasonable, so people are trapped.”

So on top of the cost of divorce, you will also have the costs of the QDRO preparation as well as whatever administrative fee the plan charges.

Click Here For Full Article

 

Divorce Information You Need To Know For 01.23.2017

Posted by Tim Blankenship on

The below articles are curated content from our Facebook page. You can visit our Facebook page here.

Matters of the heart: Group helps soldiers, spouses navigate marriage

Certain segments of society have higher #rates of divorce such as our Law Enforcement, Fire, Nurses, and especially our Military men and women due to the special circumstances these jobs entail.

I am glad to see that there are groups out there helping those defending our nation and Veterans in giving them the tools to maintain their #relationships.

Read Full Article Here

Trump supporters dating site memberships spike

LOL, this is pretty funny and I guess it makes sense. We can’t even stand our friends politics on Facebook so i guess finding out your date doesn’t share your politics would be an issue as well.

A dating site that matches Trump-supporting singles is enjoying a spike in membership ahead of the president-elect’s inauguration Friday has racked up around 24,000 members since its official launch in June.

Read Full Article Here

Couple’s long, joyful marriage is based upon three principles

Didn’t even know “Dear Abby” as still around. These 3 three principles made sense.

Couple’s long, joyful marriage is based upon three principles

Read Full Article Here

4 Reasons Why So Many People Feel Such DEEP Shame About Divorce

This article discusses 4 reasons why people feel  shame about getting divorced

I think the reasons they state are valid and things people think about but the word “shame” is not the first word that comes to mind. Divorce is all around us and unfortunately very common.

I don’t think i have met a single client who ever said they felt “shame”

Read Full Article Here

Couple celebrates 70 years of marriage

Let’s end our rainy Sunday with a heartwarming story This couple is celebrating 70 years married.

I hope my wife and I are able to celebrate this milestone.

She credits the 70-year success story that followed with their ability to compromise. The two learned to give and take during arguments though those were rare. It was the only option they considered in an era when divorce was unheard of.

Read Full Article Here

Pasadena Divorce Judgment Rejected | A Review Of Issues With Divorce Paperwork

Posted by Tim Blankenship on

About half the time when people call me they have tried to handle their own divorce case and got hung up and had their divorce judgment or other documents rejected by the courts.

The below is an email I sent to a client after reviewing their divorce paperwork which had been rejected by the court. While the court only cited 1 or 2 issues, upon my review, I found the following major issues with her case.

 

The reason this happens is because the clerks, when they see it is prepared by the parties themselves, look for only 1 or 2 issues and don’t review the entire case. This is why people end up getting their divorce judgment rejected multiple times, each time for different reasons.

I want to preface this email with saying don’t take anything the wrong way (sometimes I hate email). There was no way you guys would know not to make the mistakes that were made. Some may require a hearing with the court. I will explain everything in detail so you understand the issues and challenges.

First, I have to redo every single form. The only form I did not redo was the petition and that is because it was already amended and you only get one amendment, otherwise I would be amending that form as well.

Second, when the Amended petition was filed, it was filed by itself. When you amend the Petition you also have to file an amended Summons and an amended UCCJEA (FL-105) even if there are no changes to them. (Again, you would not know this… And remember our conversation about the courts not being helpful)

2 problems here. Number one is the original petition listed your names as first, middle and last. The amended Petition only had first and last names. This needed to remain the same. I cannot file another amended petition without filing a motion to get you a court date to get approval for the additional amendment. Number two is aforementioned issue of not filing the amended FL-105 and summons with the Amended Petition.

So, I am going to file the FL-105 and Summons and attempt to file them. I say attempt because they were supposed to be all filed together. If they don’t allow this, motion will need to be filed.  (NEEDED SIGNATURES) ** Please have XXXX sign the FL-105 and fax or scan back to me. This is the first order of business.

Third, and you really won’t like this unless you’re not in a hurry to finish the divorce. Because an amended Petition was filed it would have had to be  re-served. Because the FL-105 and Summons were not filed with it, even if it was served would be bad service.

SO, if the court allows us to file the FL-105 and Summons, service cannot occur until those have been filed. Therefore, we are starting over from the very beginning.

Forth, I need you to also complete and income and expense declaration. I have attached above and will also need 2 months of paystubs. I will also need 2 months of pay stubs from XXXX as well.

As you can see there was much more to fix than what the reject sheet said. This is very common. Even with the way I am trying to do this may not work. The correct way would be to file a motion with the court, get a court date in 2 months (soonest) get the approval for the 2nd amended Petition, file that, get it served and then 30 days later, file the judgment. In the interest of time, I want to spare those 2 months and once the FL-105 and Summons are filed, I can have you sign a notice of acknowledgment of receipt of the petition (attached as well which will count as me serving you) wait 30 days and turn in your judgment.

How Do I Find My Los Angeles County Divorce Case Summary

Posted by Tim Blankenship on

Many people are not aware that you can look up your Los Angeles divorce case summary online. This is a useful tool when you want to verify that certain documents have been filed with the court. I use the court’s website daily when interacting with our divorcing clients. In this video I explain where you go to find your case summary for your divorce in Los Angeles County.