Getting Married And California Divorce Rejected : How To Prevent

Posted by Tim Blankenship on

We are getting so many people calling us and telling us that their California divorce judgment is rejected. Many of these people are getting married and the pressure is really on.

I understand the desire to want to save money on your divorce in California, and am constantly impressed with the amount of time people are willing to invest to ensure they don’t spend money on their divorce.

They just don’t get that the California divorce process is difficult. It is not something that you want to do on your own.  It is going to take so much time and energy, it is just best to hire us to handle your California divorce from day 1.

Santa Clarita Divorce | How To Write A Request For Order

Posted by Tim Blankenship on

First, what is a request for order.  A request for order is the name of a court form that you use when you want to ask the court to make orders, whether it be during your divorce or after it is finished.

I have spoke a lot about these request for orders and we probably handle 10 or so request for orders a month for people who need to get into court for new or modified court orders.

For the purpose of this article, I wanted to address the actual “how to” as far as formatting of your declaration which is the written narrative of what and more importantly, why you are asking for what you want.

I have become very skilled in writing request for orders for people and we have great track record for getting our clients what they want. It is all about how you write it.

My background in writing great declarations for request for orders comes from my almost 15 years as a Police Officer.  When I was a cop I had to write 5 to 10 police reports a day which all have to tell a story and follow certain criteria and most importantly the person I arrested had to be shown to be guilty.  This means we had to prove in the report that the person did all the things it takes to make them guilty of the crime.

Divorce and family law is the same way.  Each law or rule has elements that have to be meet in order for it to work.

Before I get to far into this, I want to advise you on how to structure this and then will give an example from a previous article I wrote so you have a better understanding of what I am talking about.

The first thing you need to do is complete the actual Request For Order Application form FL-300. Think of this as a cover pages (4 pages) which is a court form that has a series of check boxes and places for certain information.

Following the Request For Order Application, you will have to draft a written declaration.  This part is very important because this is your chance to tell the court what and why you want what you want and why the court should agree with you.

So as far as formatting this is what i will tell you. Be clear and concise. And make sure to never put in any drama into the declaration.  Shorter is better and you should include some case law or rules or codes if you have any to support your requests.

I don’t recommend you write your own declarations. I would suggest you hire us to prepare, file and serve your Request For Order and declaration.  The difference between getting what you want and not is in how the declaration is written.

We can help you with your Request for Order and we do a lot of them. Give me a call and we can discuss helping you.

How We Are Disrupting The California Divorce Business

Posted by Tim Blankenship on


Have you heard the word “disruptive” used to describe some business’s or business models? Disruptive in this sense is defined as follows “A disruptive innovation is an innovation that helps create a new market and value network, and eventually disrupts an existing market and value network”.

Here is what comes to mind when I hear disruptive innovations.  I am sure you have heard some of these and I will give you a little comparison.

Uber’s entry into the transportation industry effecting Taxi services.

Amazon’s effect on shopping.

Pandora’s effect on how we consume music.

Airbnb’s effect on options for hotels.

You can see how the introduction of these business models effected the business’s that had operated the same way for so many years without ever making changes to their business model.

So why do I bring this up.  I believe that our business is a disruptive business to the legal profession by providing affordable legal services to people.

When I first started this business, I did not feel that this business model was disruptive to law firms and attorneys. I felt that our client base was much different than the client base for attorneys.

However, as the years have gone by, I do notice some overlap. This overlap is in the shape of people who would have otherwise used an attorney for their divorce, but because we existed, they turned to us for help.  Many of these people never needed an attorney to begin with, they just didn’t know there was any other options.  And until we came along, there really was not anyone else out there doing what we are doing.

I am not saying that we created this industry.  Not at all.  The concept of independent paralegal services has been around a long time.  It was not until 12 or so plus years ago they put a new name to it, “Legal Document Assistant” to differentiate between what we do and what a paralegal does which is to be supervised by an attorney.

Anyway, our business model is a disruptive model to the lawyer and law firm business model. Many of our clients would have otherwise used an attorney had they not found us.  But this would have only been due to lack of options.  Many did not need an attorney or legal advice, but there was no other choice than to pay the big bucks for an attorney.

Here is a perfect example of a recent conversation that was disruptive to lawyers.

I received a call from a guy who had questions about attending a Trial Setting Conference. He was living out of state so he was looking for someone to attend the hearing on his behalf because he did not want to fly in.  He had called around and spoke to some attorneys and they were quoting him between $2,500 and $5,000 for a retainer fee.  This is pretty typical.

The one attorney said the $2,500 would only pay for her appearance at the TSC and anything else would be billed at $250 per hour.

Here is what I told him.  I told him that the Trial Setting Conference is not all that important and usually lasts about 15 minutes, if that.  I then told him it is possible to get permission from the court to appear telephonically.  ==>Here is the article which discusses more on that process<==

So he followed my advice and got permission for the court call. His total cost? $86.00…

$86.00 vs. $2,500.  And that money didn’t even go to me.  That went to the Company that provides the Court Call service.

You might say I have a bad business model.  I spent 30 minutes on the phone with this guy, looked up his court case number, provided him the number to the court and to court call.

I don’t think so though. This guy will call me back as his case progresses.  How can’t he after the help that was provided.

And that is how I operate my business.  I look out for the best interest of my clients, whether clients or not and whether I will make any money or not.  I think it will give me good Karma.

And I think it is a bad practice for an attorney to not tell someone that a hearing is only going to last 15 minutes and knowing he is out of state does not have any options so tries to bilk $2,500 out of him.

This is why attorneys have the reputation they have.

Santa Clarita Divorce | Appearing By Phone At Divorce Hearing

Posted by Tim Blankenship on

When you are going through a divorce in California, there may be a time during the divorce process where you need to attend a hearing, but are out of state.  Let’s say you are on vacation or perhaps you moved out of the area entirely.

When this happens there is a process where you can ask the court to appear by telephone.  Keep in mind that the court needs to approve what is called the “court call” and you need to have a good reason to be requesting the court call.

Here is how you get approval for a telephone appearance or court call:

  1. Call the clerk in the actual courtroom and advise them that you have a hearing coming up (make sure to give as much notice as possible) and are requesting approval for a court call.
  2. Let them know the reason for the request.  For instance, if you now live out of state and flying in for a 15 minute Trial Setting Conference is not financially feasible would be a good reason.
  3. If they give you the okay, make sure to get their name and ID number, because you will need it when setting up the court call.
  4. if approved, you can go to Courtcall.com and either create and online account or call them.
  5. Court Call will need all the information to your case. Which court, the department, the case number, the parties involved, the judge and the clerk that gave you the approval.  They will walk you through the steps to set up the court call.

From our experience in the past, if you don’t have a good excuse or don’t live far enough away, the clerk will not approve your court call as they would prefer to have you there in person rather than on the phone.

You can anticipate that if you live within i would say 200 miles, they won’t approve the court call.  Of course every clerk is different, but they have been very strict in the past.

If they don’t approve the court call, and the date of the appearance is not convenient, your only other option is to request the court to continue the hearing to a different date, however this would take the agreement by both parties and a joint call to the clerk.

Santa Clarita Divorce | Can I Move After Filing For Divorce In California

Posted by Tim Blankenship on

What do you do if you have filed for divorce in California and then learn that you will be moving out of State or even out of the County or Country?  Now, i am not talking about divorce cases where there will be numerous trials, but I am talking about a divorce case where you are mostly amicable with your spouse and trying to just get your divorce case  completed.

There are two questions I get about this issue.  The first is, ” Can i move out of the County or out of State if my divorce case is still pending?”  The answer is, “Yes.”  Keep in mind that I am not talking about you having kids and all that, just the fact that you don’t have to have your California divorce case completed prior to moving out of state.

The second question is, “Can we help someone who is living out of State to Complete their California divorce case?”  Again, the answer is, “Yes.”

If you are going to move out of the area at some point during the divorce process or find yourself not local to the court when going through a California divorce, you will need our service more than someone who is here.

Let me explain.  The only way to complete your divorce case in California is to prepare, file and serve all the necessary documents in order to complete your case.  This is challenging enough for people who are nearby and can obtain help when needed, but you are even more disadvantaged if you don’t live nearby.

Everything you do will have to be done by mail and that will be a real nightmare for sure.

So i will leave you with this.  If you are living out of state or plan on moving our of State and going through a divorce in California, we can assist you in completing your divorce case regardless of where you live.

Santa Clarita Divorce | Requesting Name Change During Divorce

Posted by Tim Blankenship on

When you file for divorce one of the choices you will be able to make is whether or not you want to go back to your former name. This is part of the divorce petition (FL–100) and you simply indicate that you would like the court to order that your maiden name be restored.

What is nice about this is that you won’t have to go through a legal name change process down the road if you later decide to go back to your former name.

And keep in mind that you don’t have to change your name the minute the divorce becomes final.  You could hold on and say wait until your children are grown and out of school to do so.  Just make sure to keep a copy of your judgment so when you are ready to change your name you have the necessary paperwork to do so.

Also, I wrote about the changing your name with Social Security and the possibility that they might require a certified copy.  If you are going to wait to do the name change for several years and know you will most likely change your name down the  road, it would be a good idea to get a certified copy now before your case sits to long and is placed in archives.

Santa Clarita Divorce Mediation In Santa Clarita

Posted by Tim Blankenship on

Santa Clarita Divorce Mediation In Santa Clarita

We have written several articles about Santa Clarita divorce mediation and I have conducted interviews on my radio show about Santa Clarita divorce mediation.  While the podcasts are available throughout our website, I thought it would be a good idea to compile all the articles and podcast episodes here on a single page so you can find the information about Santa Clarita divorce mediation more easily from a single post.

Who Makes The Decisions During Divorce Mediation?  You or the Mediator?

Do Divorce Lawyers Understand Divorce Mediation?

Is Divorce Mediation For Wimps?

Does Divorce Mediation Take Longer Than Hiring A Divorce Attorney?

Can You Hire A Divorce Attorney And Divorce Mediator?

Do Men Have An Advantage During Divorce Mediation?

Does Either Spouse Have An Advantage During Divorce Mediation? 

Should Everyone Use Divorce Mediation?

If you have any questions or are looking for an affordable way to complete your divorce in Santa Clarita or anywhere in California make sure to give us a call.  We would be happy to help.

Santa Monica CA Divorce Paralegal Service

Posted by Tim Blankenship on

Santa Monica CA Divorce Paralegal Service

We are a full service divorce paralegal firm specializing in divorce and serving Santa Monica CA. Our full service Santa Monica CA Divorce Paralegal Service takes care of your entire divorce from start to finish. Our Santa Monica CA Divorce Paralegal Service is flat-fee based so you don’t have to worry about hourly fees and high costs.

In this video we discuss our Santa Monica CA Divorce Paralegal Service.

Watch the short video below to learn more about Santa Monica CA Divorce Paralegal Service.

Santa Monica CA Divorce Paralegal Service

We are a full service divorce paralegal firm specializing in divorce and serving Santa Monica CA. Our full service Santa Monica CA Divorce Paralegal Service takes care of your entire divorce from start to finish. Our Santa Monica CA Divorce Paralegal Service is flat-fee based so you don’t have to worry about hourly fees and high costs.

In this video we discuss our Santa Monica CA Divorce Paralegal Service.

Watch the short video below to learn more about Santa Monica CA Divorce Paralegal Service.

Santa Clarita Divorce | Punishment For California Contempt Of Court

Posted by Tim Blankenship on

Santa Clarita Divorce | Punishment For California Contempt Of Court

I had just finished up writing an article about California Divorce and Contempt of Court and thought I would follow up by writing about what the punishment can be after the divorce court makes a finding of contempt of court.

The punishment for contempt of court comes from California Code of Civil Procedure 1218(c) which states that for each act of contempt, the convicted spouse or parent shall be fined up to $1000 and or imprisoned for up to five days. Notice that this is for each act of contempt. In support proceedings, each monthly payment is a separate act. The court also has the power to order community service.

he punishment in family law proceedings is mandatory.

On a first offense, the spouse or parent convicted of contempt must be ordered to perform community service for up to 120 hours or be imprisoned for 120 hours, which amounts to five days, for each count of contempt. Therefore, for example, if there was a failure to pay child support for 10 months, that is 10 separate counts or 50 days in jail.

If there is a second contempt finding, the rules become more severe, the punishment now becomes 120 hours of community service and imprisonment for up to 120 hours, for each act of contempt.

For a third and any further contempt findings, the convicted spouse or parent must be imprisoned for up to 240 hours (which amounts to 10 days) and ordered to perform up to 240 hours of community service, for each count of contempt.

There are also fees and costs associated with the contempt proceeding.

The court must take into account a spouse or parent’s employment schedule when ordering community service or jail. After all, how is a person found to have violated a court order, especially a support order, supposed to make support payments if your she loses his or her job?

The court is not mandated to award attorneys fees in California contempt of court proceedings. It is a discretionary function of the court.

If you need to file a contempt of court for your divorce case please give us a call for help.  We can prepare your contempt of court motion, file it with the court and serve your spouse to get you into court.

 

References

Farzad Family Law Blog

California Code of Civil Procedure

 

Santa Clarita Divorce | Filing For Contempt Of Court For Divorce

Posted by Tim Blankenship on

Santa Clarita Divorce | Filing For Contempt Of Court For Divorce

While we handle both uncontested and contested divorce cases, every once and a while we will recommend that you file a Contempt of Court motion.  I wanted to discussed the filing of Contempt of Court and when you may want to use it as I am in the middle of completing a contempt of court for child support for a client.

When you have a court order and the other spouse is not following the order of the court, you have “contempt of court”.  When this happens you have 2 choices.  You can either file a regular Request For Order (motion for hearing) asking that the court compel the other party to comply with the previous order. Second you file for Contempt of Court.

The difference is that when you ask the court to compel the other party to comply with previously given orders, usually all the court will do is admonish the other party harshly and advise them to comply.  It seems odd to have to go to court to have the court order the other party to do something that they have already ordered them to do.

This is where Contempt of Court comes in handy.  Contempt of Court is actually criminal in nature. If the court finds the other party in Contempt, the possible penalties include jail sentence, community service, and fine.  It is a serious offense to file against or be accused of Contempt of Court and the penalties can be $1,000 or community service per count of contempt.  You can read the article where we discuss the penalties of California contempt of court cases here.

When I say each count of contempt, i am referring to the fact that, for instance, if you missed 5 payments for child support, each of those missed payments is a count of contempt.  So you can see that the charges really can add up.

So what would be some of the uses for contempt of court?

  1. Contempt of Court of California Child Support Orders
  2. Contempt of Court of California Spousal Support Orders
  3. Contempt of Court for Failure To Pay Attorney Fees
  4. Contempt of Court for Failure To Follow an order to seek work
  5. Contempt of Court for violation of domestic violence or other restraining orders
  6. Contempt of Court to enforce nonpayment of the debt
  7. Contempt of Court of California child custody and visitation orders
  8. Contempt of Court for failure to pay an equalization payment
  9. Contempt of Court in splitting property assets

The above contempt of court charges are the most common.  Probably the most filed contempt of court charges are in relation to contempt or child support and spousal support.

If you need assistance filing a contempt of court case against your spouse please give us a call.