Van Nuys Divorce Court How Long Will Motion Take

Posted by Tim Blankenship on

Van Nuys Divorce Court How Long Will Motion Take

Today we are talking about Van Nuys Court House in California and we’re talking about hearings that you’re setting with the court.

So, this would be called a request for order or a motion. They used to be called an order to show cost.

And what we’re talking about today is how long it’s going to take you to get a hearing when you file a motion. Because it is important to know how far out it’s going.

About a year and a half ago it used to be thirty days from the day you filed to the day you’d actually be on court. Then they crapped up to forty five days, then sixty and now it’s a whopping ninety days before you’ll get a hearing and that’s pretty bad considering people are filing motions to get temporary orders in their divorce case.

It may be because they need child support or spousal support or some type of other order and they have to wait ninety days before they can go to court.

The reason we know this, we just filed a case in Van Nuys and we file a motion for custody, visitation, support, everything else you will file in a motion when you have children and it was set in January.

Not only is there an issue because they are going into the holidays and we need some temporary child support and child visitation custody orders but now it’s going to go all the way through the end of the year into January.

Just keep that in mind, if you’re going to file a motion or you’re going to ask us to file a motion for you, which we can do for you. You’re looking at about ninety days before you get a hearing and this is for Van Nuys specific. It’s different with every court.

San Fernando is about sixty, Downtown is about sixty, it really depends, but Van Nuys they’re really backed up and I just want to keep that in mind.

So, if you need help in getting a motion filed, you can call us. We’ll prepare it for you. File it, serve it, do everything and that’s the service we provide, otherwise just keep in mind you’re looking at ninety days before you get any temporary orders in your divorce.

Tim Blankenship, divorce661.com.

Give me a call if you like some assistance with your divorce. 661-281-0266.

How To Terminate California Spousal Support During Long Term Marriage

Posted by Tim Blankenship on

How To Terminate California Spousal Support During Long Term Marriage

Today we are talking about terminating spousal support on a long term marriage. If it’s possible because of the ten year rule.

First I have to disclose, I’m not attorney, we’re not a law firm so we can’t give legal advice so all of this information we’re going to provide, you should verify or ask an attorney.

We do handle a large line with divorce cases. Many of our divorce cases, the spouses are married for ten years or longer and if you do your research online, you’ll see that the California law indicates that marriages over ten years in length will result in jurisdiction over the issue of spousal support to be indefinite.

But what happens when both parties are making the same amount of money, they have a long term marriage and neither of them wants the court to retain jurisdiction. How can that be resolved?

Because we have mostly all amicable cases and cases where parties are working together to come into an agreement. There is a way you can ask the court to terminate jurisdiction over long term marriages and spousal support by using a specific waiver information.

Essentially, it will say something to the effect of the parties understand that they are waiving jurisdiction to spousal support despite that being in California law and they sign the agreement willingly, knowingly without the rest etc.

And we’ve been able to get the courts to approve long term marriage termination of spousal support, where the parties are in an agreement to do so.

We had a case just last week where the parties literally made identical amounts of money per month. It was a long term marriage and neither of them wants spousal support, neither of them wanted the court to have jurisdiction in the future towards spousal support.

So, that’s the language that we use, there’s obviously more to that language. It’s a full paragraph waiver and that’s been approved by the court and they’ve terminate jurisdiction on spousal support even on long term marriages.

Hope that’s helpful. You can read the article to this video by clicking the link below. It’ll take you right to the article a little bit more in depth about this issue.

Tim Blankenship, divorce661.com.

We’d be happy to help you with your divorce in California. 661-281-0266.

How To Establish Paternity During California Divorce

Posted by Tim Blankenship on

How To Establish Paternity During California Divorce

Today we are talking about establishing paternity during the divorce process in California.

Okay, what is paternity?

You have to establish paternity in your divorce case if you are filing for divorce and you have a child with your spouse and that child was born prior to the marriage.

So, anytime the child was born prior to the marriage, you need to establish paternity through your divorce filing.

Now, this is the case whether or not you have a birth certificate with a father’s name on it or if the father has filed the declaration paternity, the form you’ll fill out in the hospital. You still need to have this paternity established during the divorce.

And in order to do this, it’s very simple. Obviously we’re assuming that there is no contest regarding who is the father. So that would be number one.

What you’re going to do to do this again, it’s simple. All you need to do on the petition, this is the FL-100 is on box 7D on page two. It’s a very small line, it’s very easy to miss and many people do. You need to check that box 7D on page two of the petition, FL-100. You’re going to check that box if you have a child born prior to the marriage.

If you don’t do that and you file it and if you happen to miss it, you don’t catch it. Many people forget to check this box because they assume that it’s the father but you need to establish that through the court if file that and it’s not checked and you have a child born before the marriage and you serve it. It will end up rejecting your entire case.

You would need to re-file and a minute petition and correct that and mark that box 7D to establish paternity.

I hope that’s helpful.

Tim Blankenship, divorce661.com for more information or feel free to call me, 661-281-0266. We’d be happy to help you with your divorce in California.

California Default Divorce With Agreement | CA Divorce

Posted by Tim Blankenship on

California Default Divorce With Agreement | CA Divorce

Today we are talking about the California divorce process called default with agreement.

This should be one of the most talked about styles of divorce but it’s not.

What it is briefly is a divorce with agreement but is a default case. Trying to give you a little background on this.

A true default case is one where you file or your spouse files and the other party does not respond and doesn’t do anything. They don’t fill out any financial forms, disclosures. They don’t enter into a written agreement, nothing.

That’s what is called a true default. And we’re finding that people are doing that strategically so they don’t have to pay a filing fee and that’s fine. But there is a better way.

This is called a default with agreement. What this allows you to do is, one party files and the other party does not respond, you both do all your same financial disclosures, incoming expense and schedule of assets and debts and then you enter into a written agreement. This is called a default with agreement.

So it can still be a default case because no response was filed but you’re going to file a request to enter default form with the judgment and that’s the difference.

Now, why do I suggest this? Because it saves you money. You can enter into a written agreement with you and your spouse and get the courts approval with no response fee.

You won’t have to pay a fee for the response, because as you know, if you file for a divorce you pay a filing fee. If your spouse response, they pay a filing fee.

So this is a way to get through the entire case with a single filing fee.

Of course, this is only going to be useful if you have an amicable, uncontested case where you guys trust each other and are working on coming to an agreement on things.

Default with agreement is also known as a hybrid. I talk about this quite a bit, 95% of our cases are filed this way. Purely to save people money.

Now, we can help you save money up to this point $435. Now, you have some money to use our service to prepare your divorce documents for you.

We are licensed and bonded legal document preparation firm. We specialize in California divorce. We can help you anywhere you are in California.

Please feel free to give us a call. We’d be happy to get your divorce completed for you. We do work on affordable flat rates. You’ll find more information about us at divorce661.com or feel free to give me a call at 661-281-0266.

You can click the link below, it will take you right to the article related to this video so you can learn more about the default with agreement divorce in California.

California Divorce | Do You Need To File Response When Divorce Is Amicable?

Posted by Tim Blankenship on

California Divorce | Do You Need To File Response When Divorce Is Amicable?

Today I want to talk to you about filing for divorce in California and if you need to file a response if your divorce is amicable.

If everything is pretty hunky-dory and you think you’re going to get through your divorce and it’s not going to be contested and you’re not going to end up in court. Meaning, it’s amicable, the question is should you file a response.

If you take a look at the summons, it’ll say that you have to file a response and if you don’t file a response, the court can make decisions without you and a lot of that stuff can happen to you. And that’s true.

However, if you have an amicable divorce and you and your spouse are working together to complete your case together and that’s how we do 95% of our cases. Both parties are working together. We don’t have them file a response.

It’s not necessary to complete your judgment. You don’t have to file a response to complete your judgment if you have an amicable divorce. You can still complete your divorce, do all the financial paperwork. All the same things you would do as if you responded and including entering into a written agreement with your spouse.

This is what’s called a hybrid. It’s also called a default with agreement. Totally allowed by the courts. They don’t advertise it because they’d rather get two filing fees if they could.

And if you have questions on this, make sure to call me. You can also research on our YouTube channel, default agreement with default divorce with agreement.

We’ve done a video on that as well so you can get more information on that. Just to do homework and see if that will work for you.

The reason we wanted to get this information out there is because the filing fees in California are $435 currently. You would be beneficial if you could save that money and file a hybrid or a default with agreement divorce case and save $435.

If you want more information on this, call me and I’d be happy to prepare your divorce in this manner. Save you that $435 and then that would help you afford our fees for preparing your divorce and you don’t have to do it on your own.

Tim Blankenship, divorce661.com. 661-281-0266. We do handle divorce cases all throughout California.

Look forward to helping you and of course you can always get more information off our website or feel free to give me a call, we’d be happy to help you.

Why You Should Not Do Your Own California Divorce

Posted by Tim Blankenship on

Why You Should Not Do Your Own California Divorce

I wanted to talk to you today about why you don’t want to do your own divorce in California.

I’ve written plenty of articles on the fact that you can do your own divorce, which you can. But this video is going to tell you about the pitfalls of trying to do your own divorce in California.

Now, the reason I say trying is because a lot of people a lot of people try and a lot of people fail and I want to let you know what you’re up against and some of the things you’re going to find.

Again, yes you can do your own divorce technically. Doing your own divorce and actually completing successfully are two entirely different things.

Let’s talk about some of the down sides. Number one, you’re not an industry. You’re not in the business of doing divorce. I’m sure you have a career, something you do very well at, something that I don’t know how to do and I wouldn’t attempt to do your job so you shouldn’t attempt to do mine.

Number two and these are in no particular order. The divorce forms are tricky it kinds of go back to number one. You’re not going to understand the process. You’re not going to understand the forms. You’re not going to understand the procedure.

Some of it is easy to understand but most of it is very difficult and the forms only get harder. Meaning, you may be able to file your summons and petitions. The initial paperwork. It’s not that difficult.

You may serve it correctly. You may do your financial forms correctly but if you get through all that you have your final judgment and agreement to prepare and that’s where people have the most trouble.

Most people have their judgment rejected multiple, multiple times. We’re talking about 3, 4, 5, 6 times and I noticed because people come to us after attempted to do their divorce on their own and they just can’t get it through the system.

And they’ve spent years, months, of frustration. Thinking they’ve save themselves money, where really what they’ve done is spent probably more time working on their case when they could have earn additional income to their business. Maybe they spent time in the evenings on the weekend or after work or in the self-help centers trying to complete their divorce and to no avail, ultimately just having to hire us. Had they hired us from the beginning, their case would have been finalized long ago.

Those are the main reasons why we don’t suggest you file your own divorce or attempt to do your own case in California.

Give us a call. We can get your case completed quick, painless and affordabe. We work on a flat fee basis. You can go to divorce661.com. Go to our pricing page. Take a look there at our affordable pricing it’s all fix fees. It’s all based on the amount of work we’re going to have to do.

Everything is upfront as far as the cost, there’s no hidden fees and we take care of everything. Preparing your documents, take them to court, filing them, serving them, financial disclosures. Preparing your final judgment which is everything.

We’re talking about parenting plan, custody, visitation, child support, spousal support, property order, who’s getting what. We can help you with all of that.

Now, you may ask how do we file it with court if we’re in Los Angeles let’s say, and you are in Sacramento. Not a problem, we have cases all over California. We can help you file your case. We do a lot of it over the phone and fax, we do not use questionnaires.

If you look around online, you’ll find that people use questionnaires, make you do all the work. That’s not what we do.

We’ll fill out all the forms. We’ll use a phone appointment to get the documents done. Email them to you if you’re out of the area. You can sign them. Send it back to us and we’ll file them with the court by mail.

We have the process very streamlined. Again, it’s very affordable.

Please go to our website, the link is below. Feel free to click on that. You can get more information about an article I wrote on if you should do your own divorce. More of the positive side.

And then you can be on our blog and get all the additional resources and information on how we can help you prepare your divorce.

Tim Blankenship, divorce661.com. We handle divorce cases all throughout California. Call me direct, 661-281-0266 and we look forward on helping you with your divorce.

How To File For Divorce In Palmdale | Lancaster California

Posted by Tim Blankenship on

How To File For Divorce In Palmdale | Lancaster California

In this video we want to talk to you about the couple of ways you have to file your divorce in Palmdale and Lancaster.

Number one, if you have more time than money, the Lancaster court, the Michael Antonovich Court House in Lancaster does have a self-help clinic.

If you have more time than money, meaning you’re unemployed and you don’t have funds available to hire a service like ours to prepare your divorce. You can always go to the self-help clinic at the Lancaster court house.

And just too so you’ve been made aware, the free service is worth every penny.

What I mean by that is, it is free, you’re going to spend a lot of time there. It’s going to take you at least twenty trips before you finish your divorce and most people do not succeed with them so you have to be very patient. They’re not the nicest folks up there from what I hear.

But I do want to let you know that if you are unemployed and you don’t have funds or resources to hire a professional service and that’s really your choice. It is there and available for you.

Number two, to file your divorce in Palmdale and Lancaster is you could do it yourself. You do not need to hire an attorney. You could go online, you can get the forms. You can attempt to do it your own. You could watch more than 200 of our videos on how to prepare your own divorce.

It is possible. I had people call me and say thanks Tim, I’ve prepared my entire divorce using your videos. But again, like the self-help center, very time consuming. You’re going to spend a lot of hours of your own time doing this on your own.

The third way, and of course we prefer you do it this way is to hire a professional service such as ours. Our cost are very low, are affordable. We work on flat fee basis. And if you’re not working and you do have a little extra money lying around. We can even prepare a fee waiver for you and get your court fees waived.

What we’ll do for you is, we will take everything out of your hands. We will prepare all the forms, file with the court, we’ll actually take them up there for you. You don’t have to go to court at all.

We’ll serve them on your spouse. We’ll do all the financial disclosures and then we’ll prepare your judgment as you dictate, meaning what you want as far as assets and debts, who’s getting what, child support, parenting plan, custody, visitation, the whole shot.

We’ll it take at your hands. Do everything for you for a flat fee. You can go to divorce661.com and go to our pricing page. You can see where you fit in and again, we’ll take care of the fee waiver at no extra cost.

If you’re looking for a service, so you need help anywhere in the process. Meaning, you started your divorce and you got stuck, because honestly it’s just getting trickier as you go.

Please give me a call. 661-281-0266.

We serve all of the Los Angeles County and again, you can get more information off our website at divorce661.com.

I’ll include that link in this video. Talk to you soon and I hope this video was helpful.

How To File California Divorce Request To Enter Default

Posted by Tim Blankenship on

How To File California Divorce Request To Enter Default

Today we are talking to you about the request to enter default form.

This is form FL-165. There’s been a lot of confusion on when and how to file it so we’re going to discuss that here.

We play this video and is also embedded into our blogs, so if you’re reading this on our blog you can watch the video and you can also follow up on reading the article that we have in this video embedded in.

The request to enter default. We should talk a little bit about what this is for.

When you file for divorce and the other party is served, that date that your spouse is served marks kind of a line in the sand as far as the jurisdiction on when your case starts. If your, today is November 4th 2013, so if your spouse is served today. Two things.

Number one is your divorced can’t be finalized for six months. That day the six month mark starts the day your spouse is served.

The other thing that starts on the day your spouse is served is the date which you can file the request to enter default.

Now, a default will be filed in two particular cases.

Number one, a true default case and also what’s called a hybrid or default with agreement.

Now, we’re going to like talk about the true default today because that’s really where the thirty day period comes in. Let’s get into this a bit.

The request to enter default form cannot be filed with the court until thirty days have passed from the day your spouse has been served. In fact, it cannot even be one day before that. So, I’d even say wait for thirty one days, wait thirty two days before you submit it and here’s the trick.

Do not date the form prior to that thirty day mark. It’s not when you submit it, it’s when you date the form.

Let me give you a scenario.

We had some clients who came to us for a service after they attempted to do their own divorce and they had tried to submit the request to enter default.

What they did was, they prepared the summons and petitions and a lot of the forms all in the same day. They filed the case, they got their spouse served but the date they put on the request to enter default was the same date that they filed the divorce paperwork. Obviously, not thirty days had elapsed.

It means you cannot prepare this form in advance, if you want to just don’t date it. The courts are now looking at the dates on your request to enter default. So, what I’m saying is even if you have submitted your request to enter default thirty days after the service where everything is good to go and you get it right, if you dated it sooner than thirty days, they will reject it just because the date on your form.

And the reason this is, is because a request to enter default has to get approved by the judicial assistant or the court clerk and it doesn’t get to them right away. So, when they get it, they don’t know when they received that form. All they do is look at the date on the request to enter default and if that date is under thirty days they’re going to reject it. So, just keep that in mind.

Real quick, I know I’ve said this when we’re talking about true default but we did this video pretty quick.

When you do the other style case, where you’re going to use a request to enter default that’s on a hybrid or that default with agreement. You’re not going to have to submit the request to enter default at that thirty day mark.

You’re going to submit the request to enter default with your judgment.

Hope that makes sense, my name is Tim Blankenship, divorce661.com. My number is 661-281-0266. Give us a call if you’d like to hire us to complete your divorce for you.

And the link below in the video if you’re not already on our blog page. Talk to you soon!

California Divorce | We Work With Both Spouses During Divorce

Posted by Tim Blankenship on

California Divorce | We Work With Both Spouses During Divorce

Today we are talking to you about how we are able to work with both spouses during the divorce process.

We are what’s called a neutral third party. We do not represent either side when you use our divorce service.

It doesn’t matter if you hire us or your spouse hires us, we can and often do work with both spouses. And the reason we’re able to do that is because we are not a law firm and we’re not attorneys. We are here simply to facilitate the divorce process in any way we can.

And if that means working with both spouses to get all the paperwork completed as required to complete your divorce. We’re willing to do that and we do that for the same price.

We don’t charge a double fee if we’re working with both spouses. We treat it as a single fee working with both parties to facilitate getting the process done.

You have a couple of options when it comes to doing that.

Some folks come in to our office together, both husband and wife come in and meet with us on the first occasion and we get to know each other and we complete the initial documents and we can get started that way.

But that’s not required. We only need the party filing for divorce to come in for the initial appointment to get the ball rolling, to complete the initial paperwork.

And then moving forward, it’s up to you if you want your spouse to come in later to meet with us or if you want to be the one that we kind of coordinate everything through.

Again, it really just comes down to what works best for you. Again, anyway we can facilitate the process in coordinating and moving things forward with you is what we’re here for.

If that means working with each of you independently, working with you together or working through one of you who will facilitate the process and moving things forward. And we have a pretty good idea of which way that’s going to go once we meet with you the first time.

We want to get this video message out there because when parties do hire us from the get go, sometimes they think that we’re here just to represent them, which isn’t the case. We don’t represent either side. We are a neutral third party. We’re here to facilitate the process and get the paperwork done and just get you guys divorced so you can move on with your lives.

My name is Tim Blankenship, divorce661.com is our website.

Feel free to give me a call, 661-281-0266. We can handle divorce cases anywhere in California and we look forward to working with you.

Santa Clarita Divorce Mediation

Posted by Tim Blankenship on

Santa Clarita Divorce Mediation

Today I wanted to talk to you about mediation and what it is and how it applies to divorce cases.

But first I want to give you a couple of facts.

More than 90% of divorce cases are going through the divorce system without ever having an attorney or needing any type of mediation services at all.

Our company can prepare your divorce case from start to finish. We generally will help people with amicable divorces or uncontested cases, anywhere where the parties are talking and working through their divorce on their own and don’t feel the need of hiring an attorney. They don’t have any legal issues, they don’t need legal advice and they probably will not end up in court.

And statistics tell us that only 10% of cases actually end up in court and actually need an attorney.

Generally speaking, we can handle 90% of the divorce cases here in Santa Clarita.

Now, as far as mediation services go, sometimes that is a necessity. Where the parties don’t agree, where you can’t come to an agreement. Where you have difficulty coming to an agreement. Mediation services are something you might want to take a look at utilizing.

We have client that start with us and think everything is fine and then they hit a little road bump and it’s usually about money.

So, we are talking about the issues with the kids and child support or with the other spouse and spousal support or something along those lines.

If you have trouble coming to an agreement going through your divorce and you’re using our service or if you’re not using our service. You may want to attempt using mediation prior to going out and hiring attorneys.

As obvious cost benefit here, when you use a mediation service it’s going to be a neutral third party. A party who’s going to sit down with both of you. They’ll never meet alone with you and they’ll discuss with you the issues, help you work through the process and come ultimately to an agreement. That’s the goal of mediation.

We refer out cases that end up needing mediation, where parties get stuck. Where they thought that everything is going to be fine and get stuck. We refer them out to mediation. They’ll mediate and they’ll come back.

Now, there are two types of mediation.

You have professional paid mediation and you have the court mediators.

If you go to a paid mediation, I generally recommend that because these are people you’re paying for. They’re going to spend the time it takes, quality time in helping you get through the issues in your divorce.

Mediation through the court is usually an hour. They don’t spend a lot of time with you. They’re hoping you’ll come to an agreement but they’re not going to work with you to come to an agreement.

We’re talking about paid mediation services, if you need a referral for a mediation service here in Santa Clarita. Feel free to give me a call.

We have a great service that we’d be happy to refer you to. We’ve send out several cases, happy clients have comeback and got their settlements in place and then we’ll wrap their divorce case for them.

Please call me if you think you may need mediation. But keep in mind that there’s a very small chance that you’ll need an attorney or mediation to get your divorce completed.

Please feel free to give us a call. I’d be happy to talk more about our service and how we can help you get through your divorce without attorneys, without mediation and make everything cost efficient for you.

Tim Blankenship, divorce661.com. You can call me at 661-281-0266 or you can click the link below to visit our website at divorce661.com.