Motion To Set Aside Default During Divorce – Santa Clarita

Posted by Tim Blankenship on

Motion To Set Aside Default During Divorce – Santa Clarita

Even though you are going through a divorce, it is still a “lawsuit” as mentioned on the divorce Summons.  So this means there are specific steps that have to be taken to protect your interests which fall in line with most other types of lawsuits.

If you want to set aside the default in a California divorce case, it is possible.  You can use our full service divorce and we will file the motion to set aside default and prepare your response or you can use our California divorce online tutorial service where we show you step by step how to file a motion to set aside default during divorce.

Click here to learn more about our online tutorial of how to set aside the default in a divorce case

This includes the process of filing a Response if you want to enter the case.  When you are served divorce papers, it includes a Summons.

The divorce Summons says you are being served then gives specific information about your rights to respond and when you have to do it by.

The Summons indicates that you have 30 days to file a Response, otherwise your spouse could file a default and you would lose your right to be involved in the case and the judge can make orders without you and based entirely upon the requests of the Petitioner.

So what can happen if you don’t respond to the divorce papers?  As the Summons says, if you have not responded within the 30 days, the Petitioner can file a Request To Enter Default.

When the Request To Enter Default has been filed with the Court, it will be up to the judge to grant it.

Once the Request To Enter Default has been entered, you no longer can respond.  The only option at this point is to file a Motion To Set Aside the Default.  This is a motion you would file on a Request For Order and needs to be submitted with specific language stating the reason you did not respond.

You will be issued a court date, have to serve the motion on your spouse and attend a hearing and speak to the judge.  The Judge will decide on whether to grant your request to Set Aside the default.

If the default has not been granted by the court and only submitted, you make be able to simply file a response and be okay.

We can help you file a Motion to Set Aside Default and get you a hearing to speak to the judge so  you can request the default be set aside.  Please give us a call for more information.

Are There Any Flat Fee Divorce Attorneys In Santa Clarita

Posted by Tim Blankenship on

Are There Any Flat Fee Divorce Attorneys In Santa Clarita

As a provider of affordable divorce services, I am always on the prowl for divorce attorneys that provide flat fee attorney representation.

I know there are some out there, but they are few and far between.

The reason I want to know which attorneys are willing to take cases on a flat fee basis, is because sometimes the families I help run into trouble and things spiral out of control and need to hire an attorney.

This does not happen very often and in fact 99% of my clients complete their divorce with me without ever needing to speak to an attorney.

What is the difference between a flat fee attorney and the way they traditionally charge? I will tell you.

The majority of divorce attorneys operate on a retainer and hourly basis. This simply means that you pay a retainer fee upfront before the attorney lifts a finger. In Santa Clarita, this generally runs about $5,000. That retainer is depleted as the attorneys work on your case.

Once the retainer is drained (and it goes fast) you are responsible for all costs over that. Some will start billing you each month and others will ask for you to “refill the tank” and deposit more money. This way they don’t have to worry about you not paying.

Attorneys that operate on a flat fee basis will take your case on for a single fee. They are taking a chance because if the case goes on longer than they expected, they essentially lose money. I have also had attorneys charge a flat fee for a single service and then if things change, they will ask you for more money.

So if you are a flat fee divorce attorney in Santa Clarita, I would be interested in speaking to you so we could see if you would be a good referral source for my clients that need an attorney.

Sure Are A Lot Of Divorce Attorneys In Santa Clarita

Posted by Tim Blankenship on

Sure Are A Lot Of Divorce Attorneys In Santa Clarita

Santa Clarita sure has its fair share of divorce attorneys. I guess it goes with the territory as our city continues to grow.

What is interesting is that all these divorce attorneys are fighting to get a piece of the divorce business in Santa Clarita. There is no shortage of divorcing couples it seems.

The buzz on the street is that divorce attorneys are starting to see a lighter load of new clients these days. They are wondering what might be the cause.

I can think of 2 reasons. Cost and lack of need.

First, lets talk about cost. The cost of hiring a divorce attorneys continue to rise. With average divorce attorneys in Santa Clarita charging around $300 per hour and those that consider themselves top-shelf charging $500 per hour.

Thats a lot of money for anyone. And now that they are seeing less new clients, they have only a few ways of keeping the money coming in the door. Some have resorted to raising their hourly rates so they can make more money off the clients they already have. Ouch!

Now lets talk about the lack of need. Word is starting to spread that you just don’t need an attorney to get divorced. More and more people are taking to using our divorce document preparation service and avoid the high costs of attorney representation.

Why in the world would you hire an attorney at $500 per hour to prepare your divorce documents? Some people do so because they don’t know there are any other options.

We are here to make sure Santa Clarita residents know there is a better and more affordable option to getting divorced.

We do everything form completing your documents, filing them and explaining the divorce process. We prepare your divorce documents exactly as they would be done with that expensive attorney. Give us a call to learn more.

You’re A Fool If You Don’t Hire An Attorney – Santa Clarita Divorce

Posted by Tim Blankenship on

You’re A Fool If You Don’t Hire An Attorney – Santa Clarita Divorce

I have been doing a lot of reading lately and recently came upon an attorney marketing piece that stated that one of the top 5 mistakes you can make during your divorce is failing to hire an attorney.

He even went as far as to say “represent yourself and you have a fool for a client” referencing an old saying.

The reasons provided was because of the highly emotional nature of divorce and that you don’t know how the court process works and don’t understand what to do in a court hearing or how evidence works which will harm your ability to come out on top during your divorce.

This may be true if you have a contested case and end up in court in front off a judge. But statistics tell us that if you actually go to trial during your divorce, you are the minority of cases.

In uncontested divorce cases, none of this applies. So you would not be a fool to represent yourself if your not going to court. You would actually be much the opposite.

I think you are smart if you decide to represent yourself during divorce. I think you would be even smarter if you hires our divorce document preparation firm to complete your divorce and help you through the process.

I agree that you should get a consultation with an attorney if you have legal questions. We are the first people to say you should speak to an attorney on a consultation basis only if you have legal type questions.

But outside of needing legal advice and representation in court, we an assist you in the divorce process, explain procedure and handle all the paperwork.

Give us a call today and speak directly to our legal document assistants so we can explain how we will help you get through your divorce. And we promise not to call you a fool.

Don’t Wait Years To Finish Your Santa Clarita Divorce

Posted by Tim Blankenship on

Don’t Wait Years To Finish Your Santa Clarita Divorce

A good portion of my business comes from folks who have started their divorce years ago and are just getting around to finishing it.

Their divorce went unfinished for many reasons. One such reason I have seen is where the parties hire and attorney, go to court, and then run out of money and can no longer afford an attorney. The fasted way to lose your attorney’s interest is to run out of money and stop paying your bills.

These folks were left reeling from the high costs of attorney, spending any money in savings and going into debt. Several years later when they are able to confront completing their divorce, they fortunately find our services.

Another popular reason for taking years to complete their divorce is when they attempt the divorce process on their own. They ready the court websites, printed out the forms and thought they had done everything right. They struggled through the forms and submitted it to the court. They feel good, thinking they are done, only to get it all returned and told they literally have to start over.

We get these folks literally walking into our office and dumping all the divorce paperwork they had prepared years ago. Usually the forms are filled with errors and we have to start completely over.

Another similar reason as doing it yourself is when you use an online document preparation company like LegalZoom. We get lots of folks who have used these types of services who were left with worthless divorce documents.

One way you can avoid spending years on trying to complete your divorce is by hiring us to prepare your divorce right from the beginning.

But whether you are just getting started and have not filed yet or if you fall into one of the above situations, we can pick up where you left off and get you the rest of the way through your divorce.

We specialize in only divorce. Call the experts today.

Benefits Of Filing For Divorce First – Santa Clarita

Posted by Tim Blankenship on

Benefits Of Filing For Divorce First – Santa Clarita

I have written a similar article before regarding the benefits of filing for divorce first. In that article I stated that there is no real benefit to filing for divorce first.

I went on to say that the courts do not give any preference to who is the Petitioner (the one to file) or the Respondent. It is mostly about giving a name to the parties.

This is especially the case in amicable divorces where the parties are in agreement on the terms of their divorce.

But is there any advantage to filing for divorce first in a contested case when you hire an attorney. I read an article in the Santa Clarita Magazine where an attorney said there was an advantage to filing first. Honestly, it seemed the advantage was more to the attorney than the clients.

The first advantage, says this attorney, is having the ability to chose your court. If you live in Santa Clarita, the court you would go to automatically is San Fernando. But you have the option of filing in Los Angeles.

Why would a Santa Clarita resident want to file in downtown LA when San Fernando is much closer? The answer is you wouldn’t.

Here is the real answer is that many attorneys don’t like the choice of 2 judges in San Fernando and prefer to file downtown where they believe the judges are more favorable. So no real advantage here to the client.

The next reason posed is that there is a possibility that you will get sympathy from the judge. In one sentence he says you will probably not get any sympathy and in the next sentence says we are a no fault state. He suggests that judges are human beings and regardless if their is no true advantage, it may still be better to file first.

So if we stretch it, there may be advantages to filing for divorce first if you are going to hire and attorney and then again, perhaps not.

In the uncontested divorce cases our firm handles, there is absolutely no advantage to filing for divorce first. It is only when you go down the rabbit hole of hiring an attorney where their may be any benefit of filing for divorce first in Santa Clarita.

Have You Heard Of The 90 Day Divorce In Santa Clarita

Posted by Tim Blankenship on

Have You Heard Of The 90 Day Divorce In Santa Clarita

Have you been reading the Magazine of Santa Clarita recently? I do, just to see who is advertising in the “with your family” section.

I am mostly interested to see what divorce attorneys are advertising and what marketing ploy they have.

For the last 2 months I have seen this advertising from a local Santa Clarita attorney who is marketing, “Just 90 days to divorce”. There is even a website in the same name. I went to the website to learn more information, but it was mostly being used as a landing page where you can email the attorney for more information so she knows where the lead came from.

The advertisement is suggesting that there is just 90 days to divorce and by using this service you will save time and money.

Lets clear a couple of things up. You can’t get divorced in 90 days. It is legally impossible. This is because of California’s cooling off period which basically says your divorce cannot be finalized until 6 months have passed.

So it is an interesting marketing ploy and the intention is to offer mediation services through the law firm and they suggest this is a cheaper way of going instead of litigating your case and each having an attorney.

I will applaud the fact that this divorce attorney is interested in helping people save money on their divorce, but it may be a little bit of trick to say you can get divorced in 90 days.

What they are suggesting is that through mediation you may save money and be able to figure things out in 90 days. You won’t be divorced in 90 days.

It appears that the intention of the add it to get emails from folks who are interested in saving money on their divorce and want to get it over with quickly.

If you are truly looking for an affordable divorce, you should give us a call. We have been providing affordable divorce services in Santa Clarita for several years.

We can get your divorce completed in less than 90 days, at least the paperwork that is. We can’t do anything about the California law that says you have to wait 6 months before approving your divorce.

Use Your Tax Return For Your Santa Clarita Divorce

Posted by Tim Blankenship on

Use Your Tax Return For Your Santa Clarita Divorce

If I had a dollar for every advertisement that is telling folks to use their tax return for their divorce, I would be a rich man.

There is a reason why divorce attorneys advertise heavy during tax season. It is because they are fully aware of the high costs of attorney representation when going through divorce.

So I will be the exception and say not to use your tax return for your divorce. Don’t spend your hard earned money on hiring an attorney.

Instead, be smart, and use our divorce document preparation service and save most of your tax return and go on a vacation or pay off some bills. The last thing you should do is spend all of your tax return on an attorney or go further into debt.

Yes, there is a way to get divorced and not spend a small fortune. We have been providing affordable divorce services in Los Angeles County and helping clients save money on their divorce.

It is our goal to help our clients save money. We do this by providing a flat fee service and providing excellent client service.

Our flat fee service includes providing you with information about how divorce works, the divorce process, providing free mediation services through the court and helping you understand what it is going to take to complete your divorce.

We want you to understand the divorce process and get you through it as painless and with as little cost as possible.

We have been successfully helping our clients complete their divorce and providing a valuable service here in Santa Clarita.

We are here to tell you to save your tax return and spend just a little of it as necessary if your are going to use it for your divorce. There is no need to blow it on costly attorneys.

We are a licensed and bonded legal document preparation service that specializes in divorce. We are headquartered in Santa Clarita and serve all of Los Angeles County.@

How To Write A Divorce Motion Declaration Santa Clarita

Posted by Tim Blankenship on

We have been preparing a lot of divorce motions (Request for Orders) as well as Responses to Request for Orders.

People come to us to assist them with completing the paperwork and writing their declaration in support of their argument on why the court should approve request they are making.

We thought we would write about the process of preparing your declaration to perhaps give some pointers. There is no exact way to write a declaration but there are some best practices. We will share what we have learned having worked for family law firms and the divorce courts and what we see most commonly in the declarations.

First, lets talk about the structure of your declaration. In most cases, if you are preparing a motion, you will want to start you declaration by giving some background information about the current situation. For instance, you may say “we have been married for 3 years and have 1 child together” You could provide as much background that makes sense to set up the declaration to follow.

You will notice that the Request For Order has several issues you can address. Your declaration should follow the same order as the issues are listed on the Request For Order form. This will help give good structure to the declaration, keep your ideas in order and make it easier for the judge to read.

The next thing to think of is how you want your declaration to read. You have to watch out for the tone that comes across. Is it attacking, threatening or blaming. I have read declarations that have all of these. Most of the time, declarations that have these elements in them are written by attorneys who are setting the stage to really stir things up. Other times, they are true and completely necessary.

It is a good practice to stick to the facts and avoid allowing emotion to show through in your writing. The courts don’t really care about how you feel, etc. They just need the fact so they can make a decision. Adding unnecessary information may do more harm than good.

When we prepare declarations for folks, we will usually ask you to prepare a list of facts in support of your request. We will then draft the declaration and then give to you for approval and changes. By us writing the declaration, no emotion will be entered into the text and the facts will be presented in a clear fashion.

Our clients have been very happy with the declarations we write for their motions for divorce. If you need to file a motion or respond to a motion, please give us a call.

Divorce Is All We Do In Santa Clarita

Posted by Tim Blankenship on

As legal Document Assistants we are allowed to provide many different types of legal services. However, we chose to focus completely on divorce. Divorce is all we do in Santa Clarita.

We wanted to specialize in divorce, because that is where our years of experience working with the courts and law firms are. In addition, we wanted to be the only game in town when folks wanted expert divorce assistance.

Because divorce is all we do, we prepare more divorce cases in Los Angeles County than any other legal document preparation firm. With each divorce we complete, we gain more and more experience.

It is very much like when you need a medical procedure . Do you go to a general practitioner to have a heart transplant? Of course not. You would go to a specialist. Could the general practitioner get the job done? Maybe and maybe not and if they did, the would not do as good as a job as the specialist.

We are the specialists in divorce and the good news is that it will not cost you any more to get our expert divorce document preparation service.

Because divorce is all we do, we can handle just about any type of case. We can help with divorce services such as filing motions, responses, post judgment issues, Modifications, child custody, child support, spousal support and everything else in between.

It is important to work with a divorce firm who is aware of the changing rules of divorce. We get a lot of business from folks who have gone to some paralegal or franchise company that fouled up the paperwork.

We are trying to protect consumer from falling prey to these paralegals who are operating illegally. We are doing this by a massive online public awareness campaign about the differences between legitimate divorce document preparation firms, such as ours and illegally operating “paralegals”.

Give us a call if you have questions about divorce. We are here to help give expert divorce assitance.