Restored Maiden Name In Divorce But Now Have Travel Plans In Married Name

Tim Blankenship here with And what we’re talking about in this video is if you requested to restore your maiden name, in your divorce and you get your judgment finalized by the court.

Say, you know, it’s March 2022,but you have travel plans in September or sooner or later, doesn’t matter. And you get this court order saying, you know, you can now restore your maiden name. We’ve had this come up twice now with our clients.

They’re asking, do I have to run out and get this done quickly? Go Get my name changed. My driver’s license, social security card, and then change all the information on my travel plans, and the answer is no, just because you have a court order to restore your maiden name, doesn’t mean you need to run out and do it within any particular time.

Some people do it, 10 years later and that’s totally fine. They wait till their kids turn 18,and then they use that order to restore their maiden name. Tim Blankenship. Hope you’re having a great day. Talk to you soon.

When Is Last Chance To File Your Response?

What we’re talking about today is the 30 days you have to file your response after being served.

We had calls where people are somewhat panicked because they might have 10 or 15 days or so before the response needs to be served and filed and for us anyways, that’s generally not an issue.

If you are running up against a hard stop like that and you maybe can’t get an attorney to file a response for you or can’t find someone to retain in that time, all we need is three days before that 30 days is up so we can draft it and get it in the mail.

It just needs to be served by mail and get into court and get filed. So, I would say 72 hours, you know, three days before that 30 days is up is when we would need to be hired to get that response in for you.

And then if all you want us to do is file the response as a single service because perhaps you need an attorney and your spouse has an attorney, that’s fine as well. We can do a one-off service like that where we just filed a petition for you. Tim Blankenship, Have a great day.

Equalize Your Pensions and 401K’s Instead of Dividing Them

Hi, Tim Blankenship here with And it can’t be talked about enough. I talk about it all the time in regards to equalizing your 401k’s and your pensions when you’re going through a divorce.

I keep getting calls where people have a marital settlement agreement where it says they are to divide 4,5, 6, 7, even 8, pensions and 401k’s. And that can be extremely costly to get someone to do that, even with our low cost and our flat fees.

You don’t want to To do a QDRO on eight pensions. Today There was three pensions and 401k’s and that were addressed in the marital settlement agreement to be divided. And in 12 seconds we figure out a way that two of them can be kept wholly and one can be used, the larger one can be used to equalize the amount that goes to the other spouse.

So look at that, as an option when going through divorce so you can save money in the end when you go to divide your pensions.

We Can File Your Response Even If Spouse Has Attorney

Today we’re talking about the response needing to be filed within 30 days of you being served. So, we had a call today with someone who wanted us to just to file a response. His wife has an attorney and he only has a few days left to get the response in within that 30-day window.

And the problem was, he knows he needs an attorney for his divorce because his wife has an attorney, but he could not get in to see an attorney. Everywhere He called it was a two week wait just for the initial consultation. So he might have an attorney that he wants to hire, but he just couldn’t get in for that initial consultation to discuss if he even wants to use them as their attorney.

So we’re going to file their response or his response rather and get that done So we can buy them some time to interview attorneys.

I don’t know why attorneys are that busy. But if you do need a response filed and you do need an attorney at some point, we can take care of that for you. So give us a call.

Most QDRO Companies Don’t Do The Court Filing Process

What we’re talking about today is selecting a service like ours or others to prepare a QDRO for your divorce when you need a pension or 401K divided.

I was just talking with someone who had been calling around and finding out that most people will not handle the court filing process. They’ll draft the QDRO and then say, here’s your QDRO, file with the court deal with the plan administrator get the approval and doing all the work on the back end themselves.

Our service is a full-service meaning we draft the QDRO. We draft the joinder that’s required in California. We deal directly with the court and getting those filed. We deal directly with the plan administrator and getting the QDRO’s approved, get them filed by the court and finalizing your QDRO from start to finish.

So just be careful if you’re calling around and you finding the fees to be a little bit lower than you might think they should be, it’s because they’re not handling it as a full-service. They’re just doing the QDRO itself and leaving the hard work and filing up to you.

Have Your Out Of Country Spouse Be The Petitioner In Your California Divorce

Hi. Tim Blankenship up here with and in this video were talking about, what should you do when filing for divorce when one of the spouses lives out of country.

It happens more than you think. So if this is you, it is something that happens quite a bit. If you are amicable what we recommend is that you have the person, the spouse out of country be the filing party.

And here’s why, if you do a default with agreement divorce then that divorce case needs to be notarized and that usually only applies to the respondent. So if you have the out-of-country spouse file, they do not need to get their documents notarized which is good because the only notary the court would allow is from the consulate which can be a pain in the butt to get. So have the filing party be the party out of country. Tim Blankenship,

What County Should You File Your Divorce Case In California

We get asked all the time by a potential clients and people looking to file for divorce where they would file their divorce case.

Many people think that they need to file their divorce case in the county or state or country that they are married in. That is incorrect. You will file your divorce in the county You live in and generally at the closest courthouse in the county to you.

You can generally find this on the internet, you know, just to Google for your local Family Law Court House. But you File where you are currently living, either you or your spouse, neither have you don’t have to both live in the same county?

So, if one of you lives in Los Angeles, County, and the other lives in San Bernardino County, you have a choice of where you can file your case. In either County would be totally fine.

How To Modify Your California Divorce Judgment

If you finish your divorce and you’re looking to modify the terms of your divorce ,some part of the agreement and you and your spouse agree to these changes, you can avoid Court by filing. A modification of your judgment.

We do maybe 10 or 15 of these per month. We have either past clients calling or in many cases clients that were not of ours who went through divorce years ago and they want to modify some terms of their divorce agreement.

This is simply done through a modification. It’s a stipulation that we draft and we simply State what the changes are and you guys sign it. We file it. There’s a small Court fee and then you are done. There’s no court appearance. You don’t have to battle it out in court. You don’t have to talk to a judge. You just sign the stipulation, the agreement that modifies your judgment and you’re good to go.

Hiring A California Divorce Attorney To Be Your Mediator

Tim Blankenship with and today, we’re talking about hiring an attorney to be your mediator.

If you’re going to hire an attorney to be your mediator, you need to make sure that when you first contact them you let them know you’re contacting them for mediation and that you want them to work with your spouse as well.

If you go and meet with an attorney and have a consultation and they speak with you one-on-one, generally speaking, they will not be then able to be your mediator because they’ve had a personal consultation with you. This causes a conflict for the attorney.

And so, if you’re going to hire an attorney for a period for a mediation, make sure you contact them together, you meet with them together and you make it clear to the attorney that you want them to be the mediator for both you and your spouse.

Legal Separation vs. Divorce In California

Legal separation versus divorce. We get this question asked all the time. What is the difference? From a procedural Standpoint with the courts? It is the exact same paperwork, exact same process.

Divorce and legal separation ,They follow the same path. Same forms. Everything’s the same. All the decisions are the same that have to be made.

Custody support property division, everything is identically the same. The biggest difference obviously is when you conclude a legal separation case, you are still legally married. And the other issue is there’s no six month waiting period as there is for divorce.

So technically a legal separation case can be completed much quicker. There is no cooling-off period as there is with the divorce