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Changing Terms Of California Divorce Agreement Post-Divorce

After a divorce is finalized, it is possible to change the terms of the agreement through a stipulation. This is an agreement made between the parties involved in the divorce that modifies the judgment. The stipulation can change any term of the agreement, such as spousal support, child support, custody, or property division.

The process of modifying the judgment through a stipulation is simple and can be done amicably. The parties involved in the divorce can agree on the changes they want to make, and a stipulation is drafted to reflect the modifications. The stipulation is then signed by both parties and filed with the court. The court will review the stipulation and, if approved, will issue a new court order reflecting the changes.

The stipulation process is usually completed within a few hours or a day, and the cost is minimal, usually around $20. However, the time it takes for the court to approve the stipulation can vary depending on the county. For example, San Diego County may take up to three months, while Los Angeles County can take about a week because they allow e-filing.

If the parties involved in the divorce cannot agree on the modifications, then a request for order must be filed, and the case will enter the court system. This process can take up to two months before a court hearing is scheduled.

It is important to note that not all modifications require a new court order. Parties should carefully consider whether a new court order is necessary before proceeding with a stipulation or request for order.

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The Myth Of Having A Simple California Divorce

Despite what some may think, there is no such thing as a “simple divorce.” Even in cases where there are no assets, debts, or children involved, the divorce process can still be tricky and complex. One small mistake on a form or document can cause the entire judgment to be rejected, leading to even more time and frustration.

Clients have reported spending years trying to complete their divorce on their own, only to eventually hire a service like divorce661.com to take over and finalize the paperwork. While there are resources available on YouTube and other platforms to help guide individuals through the process, it is important to recognize the potential pitfalls and challenges that can arise.

One common misconception is that modifying terms of the divorce agreement after it has been finalized is a simple process. While it can be done through a stipulation agreement, it still requires careful consideration and legal expertise to ensure that all necessary steps are taken and the agreement is properly modified.

Overall, it is important to approach the divorce process with a realistic understanding of its complexities and potential challenges, and seek out professional assistance when necessary.

Is Joint Custody BEST For Children : California Divorce

Divorce can be an emotionally challenging process, especially when children are involved. However, there is a growing understanding of the benefits of joint 50/50 custody arrangements for children.

This is a discussion with Leslie Holt who is a Co-Parenting coach and we explore her insights highlighting the importance of joint custody and the need for more research in this area.

Divorce Coaching: Focusing on the End Goal

Divorce coaching is a valuable support system that helps individuals navigate the complexities of divorce. Unlike traditional therapy, divorce coaching looks beyond the past and focuses on who one wants to become after the divorce.

It encourages individuals to envision their desired relationship with their ex-spouse and the type of co-parent they aspire to be. By working towards these goals, divorce coaching provides a guiding light during the challenging divorce process.

The Power of Joint 50/50 Custody

One of the key insights shared by Lesie is the significance of joint 50/50 custody arrangements. Unlike the traditional every-other-weekend visitation model, joint custody allows both parents to actively participate in their children’s lives. It promotes shared responsibilities, enabling a balanced approach to parenting.

Research suggests that joint custody can have a positive impact on children’s well-being, providing them with a sense of stability, love, and support from both parents.

The Need for More Research

Despite the potential benefits, there is a surprising lack of research on 50/50 custody arrangements. Leslie’s personal journey, having experienced the benefits of joint custody firsthand, has fueled her passion for understanding its impact.

Through her doctoral dissertation, she aims to collect data from adults who grew up in 50/50 custody arrangements.

By exploring their perspectives, she hopes to shed light on the long-term effects and the overall success of such arrangements.In addition to her research, the coach has authored a book that challenges the societal stereotypes surrounding single mothers. Titled “Not Mary, Not Roe,” the book addresses the experiences of those who don’t fit the extremes of the Virgin Mary or Jane Roe archetypes. It encourages individuals to find their place in the world, embracing their unique journeys and defying societal expectations.

Unlocking happiness for children during and after divorce is a vital goal for parents. The power of joint 50/50 custody arrangements cannot be underestimated, as they allow both parents to play active roles in their children’s lives.

However, more research is needed to fully understand the long-term effects of such arrangements. The work of divorce and co-parenting coaches, like the one discussed in this blog post, is essential in supporting families and promoting healthier co-parenting dynamics.

By striving for positive outcomes and challenging societal norms, we can create a brighter future for children of divorce.

When Is The Divorce Agreement Binding | Santa Clarita Divorce

When Is The Divorce Agreement Binding

When does the divorce agreement you sign become binding and enforceable?

It is important to know because when parties enter into a written agreement like we do with our amicable clients they want to know say Tim if we agree to say pay out monies at a certain time when can or should I do that in the future?

You’ve signed the settlement agreement, we’ve submitted it to court and maybe it’s taking a couple weeks a couple months for the court to approve.

So what’s happening during that time frame? Let’s say that you have paid out those monies during that time frame before the court actually signed the paperwork –  do you have an enforceable court order yet?

First, let’s talk about what is not an official court order non-binding and unenforceable by the court.  Handshake deals, notarized agreements,  let’s say you guys sat down and on a piece of paper wrote up a contract or agreement regarding some terms of your divorce, went into a notary and had it signed.

That is not enforceable through the family courts.  Written agreements not sent in as a court order meaning you have an agreement even on paper like a handshake deal or even on actual court forms or a marital settlement agreement drafted up but not sent in and not signed by the judge, it’s not enforceable yet.

So essentially any agreements reached between the parties during the divorce has to be submitted to the court as a formal order and not until it’s signed by the judge is it enforceable.

So what we recommend is if you are going to have some monies changing hand and there’s some concern that there might be someone going back on the agreement after they received that agreement or received those monies or the effect of whatever the agreement was, what we recommend you do and what we do in many cases is we will state that whatever the agreement is the monies will be paid upon time signature of the judge and that way you do have an official court order that’s enforceable and binding at that time.

Santa Clarita Divorce | Co Ownership Of House After Divorce

Co Ownership Of House After Divorce

Are you going through a divorce but don’t want to sell your house right away what do you do?

Something that continues to come up recently because of what’s going on with interest rates going into the six and seven percent and people wanting to sell their house during a divorce which normally isn’t an issue.

If you’re going to re-buy then there’s issues with you know getting a new interest rate on a new home or with the prices of homes being reduced because of the interest rates.

So we’ve had several clients and we’re in what are we January here 2023 and over the last I’d say six or eight months it’s become almost a daily topic with clients who have a home want to sell but they can’t quite get the price they want to get on the home because they’ve come down significantly due to the interest rates rising.

And they want to know well what can we do? What are our options? So it is possible to co-own your home post divorce in the settlement agreement?

We simply would indicate what it is you guys are agreeing to do if you guys have a number that you you guys want to hit as far as selling and that is the the goal post for selling it and you say, hey we want to keep the house for six months a year two years or whenever we can sell it for a certain amount.

That could be something we could put in this settlement agreement. It can be very specific like that or you can simply say we’ll meet and confer on an annual basis or every six months to discuss the sale of the home to see you know talk to the realtor and see what we can get for the home and see if it’s the right time to sell.

There’s nothing wrong with doing that. The only thing you guys would want to discuss is are you guys going to rent it out or Airbnb it who is what are you going to continue to live in it during that time and how’s that going to work out financially and when you do sell it how will the proceeds be split at that time.

And just keep in mind that you know you guys are going to want to discuss when that point is and have some end goal in the settlement agreement to say when it hits this point or this happens or that happens this is when we’re going to sell foreign

Santa Clarita Divorce | How To Serve Your Spouse Divorce Papers

How To Serve Your Spouse Divorce Papers

Serving someone when going through a divorce is one of the problems people have when trying to do their own divorce.

Who are you going to bug?  Your neighbor, your daughter who’s an adult your adult son, another family member to serve your paperwork?

Remember, when going through the divorce process, even if you’re going through an amicable divorce, documents still have to be served and they cannot be served by the party filing or the party responding.

You have to have a third party doing the filing I’m sorry the serving.  So what I want to talk about in this video is when you use our service we also act as that third party to do all this serving.

Now when you hear the word serving you think someone’s going to go serve you or your spouse in person at work or at home and that’s not the case. When you use our service we utilize a portal called MyCase and that’s where we handle the transaction of the divorce process where we communicate with you and your spouse so everyone’s on the same page.

What we do is we use a form called notice of acknowledgment that we upload to the portal that we have the respondent sign. Because we’ve filed the case, we’ve uploaded the paperwork the file petition to the portal it’s then been received by both parties through the portal then we simply have that document called the notice of acknowledgment signed by the respondent.

And that’s as simple as serving can be when it comes to the divorce process

Santa Clarita Divorce | Terminating Spousal Support | True Default Divorce Cases

Santa Clarita Divorce | Terminating Spousal Support | True Default Divorce Cases

How do we handle spousal support on a true default case. Okay what we’re talking about is divorce cases that are true defaults.

What that means is the other party is not participating they’re not cooperating they’re not filing a response they’re not doing anything.

And the question we’re answering today is when you are asking for spousal support to be waived and not have spouse support and even terminate the Court’s Jurisdiction over spouse support.  That can only be done through a request on the petition.

I often talk about in amicable divorce cases where both parties are participating if the parties agree to terminate spousal support that you include some additional language where the parties will both initial indicating that they agree to waive spouse support.

There’s two different versions one for short-term marriages and one with long-term marriages.  Now when it comes to terminating spousal support the issue with true default cases, where there’s no agreement, is it is possible to terminate spousal support if you requested it in the petition and you have a short-term marriage.

One of the issues that always comes up is if you have a long-term marriage over 10 years and you mark on your petition to terminate jurisdiction over spousal support and then when you go to submit your judgment you’re going to have to match your petition and say terminate on the spousal support order.

The issue is the court cannot approve that because California law indicates that spousal support should be reserved unless it has been waived by both parties.  So what’s going to happen if that’s the case is you would have to amend your petition to reserve jurisdiction over the issue of spouse support, re-serve it,  re-file your request enter default then enter then enter your default judgment with Reserve jurisdiction.

This is only an issue on long-term marriages it is non-issue on short-term marriages less than 10 years

Santa Clarita Divorce | How To Notarize Your Divorce Judgment – Marital Settlement Agreement

Santa Clarita Divorce | How To Notarize Your Divorce Judgment – Marital Settlement Agreement

Tim Blankenship here with divorce661.com and what we’re talking about in this video is issues we’re having with notaries when our clients go get a notary the notary is writing the wrong description of document on the notice of acknowledgment.

So when you finish your case and you’re having your judgment notarized the signature page – the marital settlement agreement page where your signatures are, you have to have that notarized. And they need to attach this certificate of acknowledgment.

It’s called all-purpose certificate of acknowledgment for your signatures and what the notaries are doing –  there’s a box on this form that says description of the attached document and they’re writing in names of other forms that do not need to be notarized.

So the Assumption by the court is that you had the wrong document notarized. What they need to write in that box is marital settlement agreement or  judgment attachment or stipulated judgment –  something that’s related to the document you’re actually signing not some other random form that does not need to be notarized which is causing will cause your judgment to be rejected