Legal Separation Or Divorce – Santa Clarita

Posted by Tim Blankenship on

Legal Separation Or Divorce – Santa Clarita

There is a lot of confusion regarding what legal separation really is and what it means.

I get the question about legal separation in two different ways. The first is when folks tell me they want to file for legal separation. After speaking to them, it is determined that what they are trying to achieve is to have separate assets and debts and cut the ties on community property.

The other way I have been asked is when going through the divorce process. I have had clients ask if they are legally separated yet. When someone says they want to be legally separated, they would have to go through the exact same process as divorce.

I think the confusion if over the word “legally”. To be legally separated, you would have to go through a court action to be separated and have a court sign an order that says you are separated. You would follow the same steps of divorce, splitting your assets and debts a developing a custody and visitation schedule for your children.

When you file for divorce, one of the items you will determine is what your date of separation is. The date of separation can be determined a few different ways. It could be the day you moved out, the day you spoke to your spouse about getting divorced or even the day you file for divorce.

The date of separation you decide on will be the date where you no longer have community assets and debts accumulating. This means that as of the date of separation, any assets or debt you obtain are your own.

This is, of course, something you should speak to an attorney about if you and your spouse are contesting anything, because the laws about community and separate property are not absolute.

The date of separation is generally never and issue in the divorce cases we handle and our clients generally agree on the date when they decided to go their separate ways.

Can’t We All Just Get Along – SCV Divorce

Posted by Tim Blankenship on

Can’t We All Just Get Along – SCV Divorce

While most of my clients are going through a mostly amicable divorce, I do get a fair share of folks coming to me because their spouse has hired an attorney.

What is interesting is that I see people hire attorneys that don’t even need them. They get it in their head that they need an attorney and there is nothing that will change their mind.

Today I had someone in my office that was facing that exact situation. Husband hired and attorney and was being fed information from his attorney that was definitely making things worse and not better.

The problem is that the husband was the primary income earner and the wife stayed at home caring for their two children. The husband moved out and left the wife no choice but to move in with her parents with her children. To make matters worse, he does not pay her any child support or spousal support. There is no way she can get a job as her youngest is just 5 months old.

I don’t know what kind of man does this to his own children. Okay, so you and your wife are going through a difficult time, but why make your own kids suffer?

These types of issues are exactly why I stopped working at a divorce law firm in Santa Clarita. Spouses were fighting over everything and the only winners are the attorneys who end up with all your money.

All I could do is provide information about how the process works and what she can expect. We prepared the divorce papers and because her husband would not pay child support, we also filed a motion for child support so she could get some temporary order for support until the divorce was over.

I told her that hopefully he will come to his senses and realize he is going about this all wrong.

How To Finish Your Divorce In A Day Santa Clarita

Posted by Tim Blankenship on

How To Finish Your Divorce In A Day Santa Clarita

I just figured out how to complete a divorce in one day and it was not my idea.

I had a new client call me and advise me that her and her husband had agreed to divorce and they were in a hurry to get it done. They asked if they could come in together and get as much done in a single day.

While we do meet with both husband and wife together on a regular basis, we usually break the divorce process down into a few steps just so folks don’t become overwhelmed by the amount of paperwork.

So instead of simply preparing the initial divorce documents at the first meeting, we were going to prepare a majority of the paperwork in a single meeting.

To do this, I had to give them lots of instructions and send them copies of blank forms so they knew what they would have to bring in when we met.

This couple had already filed for divorce, so there was no need to wait for the case to be filed. If you have not filed yet, this can be done prior to our first meeting and I can serve your spouse the day we meet.

So there we all were for a few hours powering through all the financial disclosures, making copies of documents and signing everything. I was able to personally serve both of them and get all their agreement on paper.

All that was left to do is file the documents with the court and prepare the final judgment paperwork. I would never have someone wait for the final judgment forms as that can take several hours.

This will likely be the only time these clients have to come to my office. As soon as I prepare the judgment, all they need to do is review it and sign it. Then it can be filed with the court so we can conclude their divorce.

If you are interested in getting your divorce done quickly, please give us a call. We can discuss a plan so we can finish your divorce in a day.

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.