California Divorce | When You Have To Notarize Your Divorce

Posted by Tim Blankenship on

There are  certain times that you have to notarize your divorce papers when filing your judgment in California.  So we wanted to clear up when you do and when you don’t need to have your signature notarized.

There is only one case where you will have to have a signature notarized.  And when I say case, i mean the way you proceeded through your divorce case and if you are filing an uncontested California divorce case, a True Default California divorce case or a Default With Agreement California divorce case.

Uncontested Divorce Does Not Require Notary

An uncontested divorce case is when one party files for divorce and the other party responds.   When this happens, both parties have officially entered the case.   The court knows that both parties are participating and you do not have to have your signatures notarized.

True Default Divorce Does Not Require Notary

A true default divorce case is one where you file for divorce and the other party is not involved at all.  They are not going to file a Response, they are not going to fill out any paperwork and they are not going to enter into a written agreement with you.  Your signature is not required when submitting your judgment.

Default With Agreement Divorce Does Need Notary

A default with agreement California divorce is one where you file for divorce, your spouse does not respond, but you are going to enter into a written agreement.  Yes, it is possible to enter into a written agreement without filing a response.

If you proceed with your California divorce in this manner, the Respondent will need to have their signature notarized when you submit the judgment.

The reason this is the case is because since the Respondent never filed a response, the Court wants to make sure that the Respondent is really the Respondent and not someone entirely else.

It is simply the way the court verifies that it is indeed the Respondent that signed the judgment as no response has been filed.

We are a licensed and bonded legal document preparation firm (paralegal firm) that specializes in divorce in California.

Please give us a call if you would like assistance filing and completing your divorce paperwork.

Our Santa Clarita Divorce Service Works With Both Spouses

Posted by Tim Blankenship on

When you work with our Santa Clarita divorce service, we will work with both spouses for the same flat fee.  We wanted to clear that up as yesterday we were asked if the prices we advertise were “per person’.  I want to assure you that  they are not.

Because we are not attorneys and are not a law firm, we don’t represent either side.  We are here to facilitate the process the best way we can so we can complete your divorce as fast and painless as possible.

Because we are not representing either side, we act as a “neutral” to work with both parties to complete the divorce process.

This can be accomplished in a couple different ways.

First, both you and your spouse can come into our office together at the same time for the initial appointment with us.  This can be beneficial so all of us are on the same page from the beginning of the process so nobody feels like one party has the advantage over the other.

Another way is to come in alone to get the divorce process started.  It really does not matter to us if you come in alone to get the divorce started or bring your spouse with you.  I would say it is an even split on which way people decide.

I would say to do whatever you think would be best in your circumstances.  If you think coming in together would be better so you can both meet me and get a comfort level, great! If you have spoke to your spouse and have agreed on the divorce and you want to come alone, that is great also.

Just use your best judgment and let us know.  It won’t change anything we do.

In fact, there is nothing for the other spouse to do other than meeting us at the first appointment because there is nothing to sign.  All we need is the person who is going to file for divorce at the appointment.  The other spouse could come in a few days later to pick up a copy of the divorce papers after they have been filed.

Divorce does not have to be complicated.  We can help you navigate the divorce process.

We prepare, file, serve and complete your entire divorce case for both spouses for one flat fee.

Please give us a call for more information.

Santa Clarita Notary Service | Notary In Santa Clarita

Posted by Tim Blankenship on

Because many of the divorce cases we file require the documents to be notarized we decided to offer a notary service as part of our divorce services here in Santa Clarita.

If you are looking for a notary for any other reason, we can certainly help you.  Please call for pricing.

When you file for divorce, you will ultimately have to submit your written agreement to the court and this written agreement or judgment will need to be notarized in most cases.

So lets talk about the instances that will require you to get your divorce judgment notarized.

If you file a hybrid divorce or default with agreement divorce in California, you will absolutely need to have the Respondent’s signature notarized.  Why you ask?

Because in a Hybrid or Default with Agreement case, the Respondent has not officially entered into the case.  They have not filed a Response in this type of divorce, so the court does not really know that the other party is involved.  So in cases where no response was filed, the Respondent will have to have their signature notarized.

This is mainly because the court wants to verify that it is truly you and that you are aware of the divorce.  Otherwise someone else could be signing your name and you would never know about it.  This is just the courts way to make sure you are really you!

There are two types of divorce cases where you won’t have to have your signature notarized.  This is on the True Default divorce cases and Uncontested cases.

A true default case is where the other party is not involved at all (no response, no agreement)  You would not have to have your signature notarized in this case.

Sames goes for the Uncontested case where you have filed and your spouse file a response.  The response officially entered the Respondent in the case and the court knows you are involved.  Again, no notary required.

Just keep in mind that if you are doing hybrid or default with agreement, the Respondent will need to have their signature notarized.

Filing For Legal Separation Is Not Faster | Santa Clarita Divorce

Posted by Tim Blankenship on

We have been writing a lot about legal separation vs divorce lately because we are trying to clear some misconceptions up about legal separation.  In this article we are discussing why filing for legal separation is not faster than filing for divorce.

In the other articles we discussed the fact that Yes, we do handle legal separation cases and the differences between legal separation and divorce.

I received a call yesterday where the parties wanted to legally separate because they thought it would be faster than filing for divorce.  This is just not true.

The main reason people think that legal separation is faster in California is because unlike divorce, you don’t have the 6 month cooling off period.  Let me discuss what that is real quick.

When you go through a divorce in California, you have to wait 6 months before your divorce can be finalized.  That is not the case with legal separation.  However, the cooling off period is not the reason a divorce will take 6 months.

Currently, the Los Angeles County Courts are experiencing huge delays in filing of their divorce and legal separation cases.  To get your case reviewed and approved, it is taking up to 9 months to have your divorce or legal separation case completed.

Perfect World vs. Real World

In a perfect world, a legal separation case is technically faster because there is no waiting period before the judge can sign off on it.  So in a perfect world, you could file your legal separation case, serve your spouse, fill out all the remaining forms and walk up to the judge and get it signed.  And it would be done.  Your legal separation would be completed.

In the real world, this is just not possible.  You would file your legal separation case, serve your spouse, fill out all the remaining forms and then submit your judgment to the court.  Then you will wait…., wait…., and wait some more.  Right now as much as 9 months, but usually around 6 months due to the courts existing backlog.

With this being said, legal separation is going to take just as long as a divorce.

I hope that answers the question on whether legal separation is faster than divorce.  I know there is a lot of information out there but unfortunately they do not apply the information to real world scenarios.

Yes We Do Legal Separation Cases In Santa Clarita

Posted by Tim Blankenship on

We have been getting a lot of calls from people who want to file for legal separation so I felt another article about legal separation was warranted.

First let me answer the first question we get about legal separation which is, “Do you guys (us) do Legal Separation cases?”.

The answer is, “Yes we do Legal Separation Cases”

But… Whenever someone calls us with legal separation questions, I always make sure to find out why they are thinking about filing for legal separation instead of divorce.

I wrote a great article about the differences between legal separation and divorce (click on that link to read it) and I usually talk people out of filing for legal separation.

Here is why.

There are only a few reasons why people should file for legal separation. The first being religious.  Some people’s religion prohibits or frowns upon divorce.  Another reason is for medical reasons.  If you get divorced your spouse is not longer a dependent and can no longer be on your healthcare.  Where a illness prevents them from getting their own insurance and you don’t plan on remarrying, this might be a good option.

Of all the calls we get for legal separation, only one really was a candidate for legal separation and had real reasons for the legal separati0n vs divorce.

Most of the people who have called for legal separation think it is better to first legally separate before filing for divorce.  Sometimes, they think doing the legal separation is faster, but it is not.

These folks have also said that they were later planning on divorcing after filing the legal separation.

Here is the problem with that.

The paperwork for divorce and separation are the same.  There is just one box that is checked differently.  If you go through the entire legal separation process and the judgment is approved and finalized and later you want to file for divorce, you will have to file an entirely new case.

You can’t just change a legal separation filing into divorce.  You would have to prepare a brand new divorce case, fill out all the same paperwork and pay the filing fees again.

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

 

 

How To File For Divorce In Palmdale | Lancaster CA

Posted by Tim Blankenship on

Since we specialize in providing affordable divorce services and have a lot of clients in Palmdale and Lancaster, I thought I would write a quick “How To File For Divorce” article.

Now, just so you know, there is not much of a difference filing for divorce in Palmdale and Lancaster.  The process for filing divorce in Los Angeles County is pretty much the same, but the Lancaster Court has a few things they do different.

So lets get into it.

A mistake people make is thinking they can file their own divorce.  Wait! what do you mean I can’t file my own divorce?  Okay… Hold on.  What I mean to say is that it is possible to file your own divorce, but the odds of you “successfully” completing it is a different story.

The first thing you should do is find a reputable divorce paralegal service to help you with your divorce.  We are hoping that you decide to use our Lancaster divorce service and not one of the other antelope valley paralegal services that have a bad reputation and reviews.

If you decide to use our service you won’t have to worry about figuring out how to file for divorce in Palmdale or Lancaster.  We take care of the entire process for you.

Here is what we will do for you:

  • Prepare all your forms
  • We don’t use annoying questionnaires
  • We will file your case in Lancaster
  • We will serve your documents
  • Prepare all mandatory financial disclosures
  • Prepare final judgment (agreement)
  • Complete your entire case for one flat fee.

I realize that this article turned more into a “Why You Should Use Our Divorce Service” So for those of you that really want to know how to file for divorce in Palmdale and Lancaster please click on this link. You will find a video that will walk you step by step on how to fill out the divorce forms.

We are the only licensed and bonded legal document preparation firm in Los Angeles County that specializes in only divorce.  Make sure your divorce gets done right the first time and give us a call.

Steps To Filing A Divorce Motion | Santa Clarita Divorce

Posted by Tim Blankenship on

We have been completing a lot of divorce motions for people here in Santa Clarita and thought we would talk about the steps for filing a motion in your divorce case in Los Angeles County.

When I say motion, I am referring to a Request For Order which would be used for getting temporary orders for just about anything.  The most common motions during a divorce case is for Spousal Support or Child Support, Child Custody and Visitation.  But an RFO is for any type of temporary order you would like to as the court for.

I say temporary, because any motion you file during your divorce case will result in temporary orders that will be in effect until you submit your judgment or until further order of the court.

Those orders can them be included in the final order or you can change the orders all together, if by agreement.

So I wanted to go over the steps of things you will need to do if you want to file a motion in your divorce case.

First, you will need to complete a RFO (Request for Order) form.  This is form FL-300.  We won’t get into the details of actually filling out the form, rather, I wanted to discuss what is all involved.

If Request For Order Is Involving Children

If your motion has anything to do with children or child support etc., you will need to get a mediation date.  I recommend that you do not attempt to call the court for this. They rarely answer the phone at the courthouse and if you happen to reach someone, they will just tell you to request the mediation date online.

Here is the link to the Los Angeles County  Family Court Service Mediation Appointment Request Form which in another article we will discuss how to fill it out.

You will have to wait until you get your mediation date before you can file your motion.

Another thing you will need to do if your motion has anything to do with children is complete the PACT class which thankfully is now online.  Here is a link to the Our Children First Program online class.

If Request For Order Involves Money

If your request for order has anything to do with money such as child or spousal support, etc. you will also need to fill out an income and Expense Declaration Form FL-150.

If you do not follow these instruction you will have a very difficult time filing your motion.  Meaning it will be rejected by the court in most cases.

Have Us Prepare Your Motion

We specialize in preparing divorce motions for just about anything.  We will prepare everything for you, including your declaration and get your mediation date, file your motion with the court, get your hearing date and serve the papers on the other party.  All for one flat fee.

We are located in Santa Clarita, CA and can help you anywhere in Los Angeles.

During Divorce Spouse Not Obligated To Pay Support Without Order | Lancaster, CA

Posted by Tim Blankenship on

I have a client in Lancaster I am getting ready to help today at 10:00 a.m. and figured it was a good article to discuss, as it comes us quite a bit.

Here is what is going on.

She had discussed filing for divorce with her husband.  They agreed that she would file for divorce and for some reason, the husband ran out and file for divorce first.  I don’t know why, nor did she.  But in case your wondering, there is no advantage of who files for divorce.  It is a no-fault state, and no preference is given to either party.

So her husband filed and them moved out of the house.  He felt it was okay to leave her with all the bills and not give her any support or help pay the bills or to take care of their child.

So she called me and wanted to know what she could do.  Here is what we discussed.

When you are going through a divorce, your spouse is not obligated to pay any spousal support or child support until there is an order from the court.  Now, most people don’t just cut off the other person, and in fact, most simply carry on with paying the bills together until the divorce is finalized.

But sometimes, one of the parties will do this where they are the sole income earner and leave their spouse high and dry.

So what do you do.  In this case, her husband had filed for divorce in the Lancaster, CA courthouse in Antelope Valley.  She needed to file a Response to the divorce, but more importantly, she needed to get some financial assistance from you husband to help pay the bills and for their child.

So what we are doing is both filing a Response to the divorce and filing a Request For Order for Spousal Support and Child Support so we can get a court hearing for the judge to make an order for support.

You see, if you are going through the divorce process and you need to get the other party to do something, you need to file a Request For Order.  These requests for orders will give you temporary orders until the entire divorce case is finalized.  They are not permanent orders.

The benefit to filing a motion like this is that you can get a hearing fairly fast.  Depending on the Court usually around 30 to 60 days.  If you don’t do this, you may be waiting a long time before you are able to finish your divorce case.  The order the court makes will be effective until further order of the Court or until the final judgment is entered in your divorce case.

We are a licensed and bonded legal document preparation firm that specializes in divorce.  We handle all of Los Angeles County Divorce cases and are headquartered in Santa Clarita.  Please give us a call for assistance with your divorce case.  We can help you file a Request For Order, get a court date and get some temporary orders in your divorce.

Our Palmdale | Lancaster Divorce Clients Say We Are Worth The Drive

Posted by Tim Blankenship on

We have a huge online marketing presence for our Palmdale divorce and Lancaster Divorce service.  We also have lots of clients who have come to us to help them with their divorce in Antelope Valley and file a lot of divorce cases with the Lancaster Court.

I think the reason so many people turn to us for our divorce service is because there is not a whole lot of options for help with your divorce in Palmdale or Lancaster.

Don’t get me wrong, there are options, but they are not good options.  Why do I say there are no good options.  Just check the reviews on Yelp.

Here are some of the terrible reviews for Lancaster and Palmdale divorce services.

Here is a 1 Star rating on Yelp – Reviewer said, “I recommend a different service!”

Here is a another 1 Star review on Yelp about another company regarding bad customer service

These were the only paralegal offices that even had a Yelp listing.  Look, you just can’t have bad service in a service industry.

But why do we say we are worth the drive?  Here is a little secret…  While we have plans to expand our service into the Palmdale / Lancaster area, our local office is located in Santa Clarita.

Here is great review on our divorce services

You would only have to come to our office once.  We can also prepare your divorce paperwork right over the phone if you don’t want to come to our office.

Yes, we get a lot of clients from Palmdale and Lancaster who have realized that we are the number one divorce document preparation service in Los Angeles County and we are worth the drive.

Why We Are Worth The Drive

  • Great Customer Service
  • Professional full time receptionist so your call is answered every time
  • Knowledgeable staff
  • We Specialize in Divorce
  • Get your divorce completed correctly, the first time

We work hard to provide a good experience to our divorcing clients.  We are not perfect and we do make mistakes on occasion. When that happens we step up and make it right.

To this day we have received nothing less than a 5 Start rating on Yelp and we are grateful.

So when I say we are worth the drive to get your divorce paperwork completed, I mean it.  Come on down and let the professionals handle your divorce.

Not Filing For California Divorce Because Of Kids?

Posted by Tim Blankenship on

I can’ tell you how many people I get coming into our Santa Clarita office to file for divorce a few weeks after their kids have turned 18.

In most cases this has been a planned event and the only reason that they stayed together was for the sake of the kids.  Man, we will do anything for our kids, won’t we?

Most of the women say they have stayed long past the point where they knew their marriage was over.

I read an article recently that gave an interesting twist on this subject and stated that they became a better mom after getting a divorce!

So let’s get into this a bit.  Statistics tell us that when children grow up in a home with a mom and a dad, kids will turn out better.  Of course this has a lot to do with actual parenting.

In this article, mom decided that it was better to file for divorce and move on, rather than keeping up pretenses.  And I would have to agree with that.  At least the part about now spending all her energy to keep up the appearances of a marriage.

Kids are not stupid.  They know when something is not right and when mommy and daddy are not getting along.  You are just not the same and they can feel it.  I have worked with enough divorcing parents to know.

You may not want to admit that your kids know or have a feeling something is wrong and that is understandable.  But from the parents I have spoke with, the kids were glad to have finally have been told what is going on as it eliminates the mystery for them.  Of course, this depends on the age of your children.

Whether staying together or getting a divorce is best for your children, only time will tell and everybody’s situation will be different.  I don’t think there is any cookie cutter or easy answer to this.  Waiting to file for divorce is similar to waiting until the holidays are over to file for divorce.

For the mom in this article, it appears that filing for divorce ended up being the best solution.

Where do you way in on this?  Make sure to leave a comment below.