How to Handle a Divorce When Pregnant in California | California Divorce

Posted by Tim Blankenship on

 

How to Handle a Divorce When Pregnant in California

If you are pregnant and considering divorce in California you may be wondering whether you can file and how the process will affect custody and child support. The short answer is yes you can file and move forward. There are a few unique considerations though that will affect timing and how certain issues are resolved.

Can you file for divorce while pregnant?

California law does not prevent you from filing for divorce while you are pregnant. You can begin the divorce process at any point during your pregnancy. Courts will typically allow the case to move forward but they will often wait to finalize the divorce until after the child is born.

“You can file and move forward.”

Why courts often wait until after birth

The primary reason courts delay finalizing a divorce when one spouse is pregnant is that key issues cannot be completely resolved until the child is legally recognized. Courts need to address important matters including custody visitation and child support. Those details depend on the child’s identity and parentage and they cannot be finalized until the child is born and documented.

“Most courts will not finalize the divorce until after the child is born. That’s because the court needs to address important issues like custody visitation and child support and those details can’t be finalized until the child is legally recognized.”

What you can do now: practical steps to take

Even though the final judgment may be paused until after the birth you can take meaningful steps now to protect your rights and prepare for a smoother finalization later.

  • File the petition for divorce to start the clock and establish official notice.
  • Ask the court for temporary orders if you need immediate relief for spousal support or temporary child support and custody arrangements.
  • Prepare and organize important paperwork such as financial documents medical records and a plan for parenting time after the baby is born.
  • Request that the final judgment be paused or that child related terms be reserved until after the birth so you can complete those details once the baby has a birth certificate.
  • Gather documentation that will be needed after birth including the birth certificate and any information needed to establish parentage if that is in question.
  • Work with a lawyer or a qualified divorce service to ensure filings are completed correctly and deadlines are met.

Paperwork and timelines

When you file during pregnancy much of the procedural paperwork is the same as any other divorce. The difference is the court will usually reserve final terms about child custody visitation and support. Once the baby is born you will need to provide the birth certificate. With that in hand you can finalize agreements and complete the judgment without unnecessary delay.

Custody and child support basics

Temporary custody and visitation arrangements can be requested during pregnancy but courts tend to finalize custody and child support only after the child is born. Child support calculations typically require the child’s existence and an established parental relationship so those figures are normally set after the birth or after paternity is legally determined.

Real client example

We recently worked with a client who filed during her second trimester. We prepared all the paperwork moved the case forward and asked the court to pause the final judgment until after the baby was born. After the birth we used the birth certificate to complete the agreement and finalize the divorce without delay. Planning ahead allowed us to avoid surprises and finish the case quickly once parentage was documented.

How to get support while pregnant and divorcing

Handling a divorce while pregnant can be emotional and stressful. Practical support and clear planning make a big difference. Here are things to consider when choosing help:

  • Flat fee or transparent pricing so you can budget during a stressful time.
  • Expertise in custody support and parenting plans so future arrangements are sensible and enforceable.
  • Remote or full service options to reduce the burden of court appearances and paperwork.
  • Compassionate guidance that respects your situation and helps you make decisions for your growing family.

Next steps and where to get help

If you are pregnant and considering divorce in California take these next steps:

  1. Consult with a qualified divorce professional to review your situation and options.
  2. Decide whether to file now or wait a short time based on your needs and safety.
  3. Prepare necessary financial and medical documents so you can move quickly after the birth.
  4. Request a temporary orders hearing if you need immediate relief for support or custody.

For personalized assistance schedule a consultation with an experienced divorce service that can handle filings prepare paperwork and guide you through timelines and parenting arrangements.

Facing a divorce while pregnant is difficult but you do not have to do it alone. With proper planning you can start the divorce process now protect your interests and finish the case efficiently after your child is born. If you need help moving forward look for a service that offers clear pricing remote support and experience handling custody and child support issues for expecting parents.

Website: https://www.divorce661.com

How to Deal with Infidelity in a California Divorce | California Divorce

Posted by Tim Blankenship on

 

How to Deal with Infidelity in a California Divorce

Infidelity can feel like a betrayal that upends everything, but when it comes to divorce in California the legal picture may be different from what you expect. Understanding how the law treats cheating will help you protect your rights, focus on what matters, and move forward more efficiently.

What California Law Actually Says

California is a no fault divorce state.

That means you do not need to prove wrongdoing, such as infidelity, to get divorced. The court will not punish one spouse or automatically award more to the other simply because there was cheating. Property division, spousal support, and other financial outcomes are determined under rules that do not rely on moral fault.

When Infidelity Can Still Matter

Although cheating by itself does not change the division of assets or support, it can matter in specific situations. The most common example is when community funds were spent on the affair.

  • If one spouse used marital or community assets to pay for trips, gifts, hotels, or other expenses related to an affair, those expenditures may be treated as a misuse of marital assets.
  • When misuse of community funds is proven, the other spouse can seek reimbursement or a credit in the property division process to account for those improper expenditures.
  • To pursue this, you will need documentation showing the spending and a reasonable connection between the payments and the affair.

Realistic Example

In one case we handled, a spouse spent substantial community money on trips, gifts, and hotel stays linked to an affair. By tracing those expenditures and presenting the evidence during the divorce, we were able to recover a portion of the money for our client. The key was showing that the payments were not legitimate household or family expenses but were tied to the extramarital relationship.

Practical Steps to Protect Your Rights

If infidelity is part of the reason your marriage is ending, take practical, focused steps to protect your financial interests rather than letting emotion drive every decision.

  1. Preserve financial records. Save bank statements, credit card statements, receipts, travel records, and messages that show spending related to the affair.
  2. Document dates and amounts. Create a clear timeline that ties suspect expenditures to the affair.
  3. Talk with a lawyer before confronting your spouse about finances. That preserves your legal options and prevents accidental destruction of evidence.
  4. Consider a reimbursement claim. If you can show community funds were misused, request reimbursement or an offset in property division.
  5. Stay focused on settlement. Pursuing every emotional issue through litigation can be expensive and delay closure. Prioritize what will matter to your financial future.

How to Stay Efficient and Avoid Unnecessary Conflict

Divorce already comes with emotional stress. Adding extended court battles over moral fault usually does not improve the financial outcome. Instead:

  • Identify the issues that affect money, property, custody, and support.
  • Pursue only those disputes that will change your settlement in a meaningful way, like misuse of community assets.
  • Use mediation or negotiated settlement when possible to save time and expense.
  • Get strategic legal advice so you understand where to spend your energy and where to let go.

Next Steps

If your marriage is ending because of infidelity and you want to know your options, start by gathering financial records and speaking with a family law professional. With clear evidence and focused strategy, you can protect your rights and move forward with clarity and confidence.

For help understanding your specific situation and exploring options like reimbursement claims or efficient settlement approaches, visit Divorce661.com to schedule a free consultation.

How to Handle a Divorce Involving Mental Illness in California | California Divorce

Posted by Tim Blankenship on

 

How to Handle a Divorce Involving Mental Illness in California

Divorce is never easy. When one spouse is living with a mental illness, the process can feel even more complicated and emotionally taxing. If you are facing this situation, you may be asking: can I still move forward? How will mental health affect custody, support, and the overall timeline? Here is a clear, compassionate guide to what to expect and how to protect your rights in California.

Legal Basics: Mental Illness Is Not a Barrier to Divorce

In California, a mental health diagnosis is not a legal reason to deny a divorce. You do not need your spouse’s permission to file, and the court will not refuse to grant a divorce solely because one spouse has a mental illness. The legal grounds for divorce focus on irreconcilable differences or other statutory reasons, not on a spouse’s mental health status.

How Mental Illness Can Affect Key Issues

Although mental illness does not prevent a divorce, it can influence important decisions in your case. The most common areas where mental health may matter are:

  • Child custody and visitation. Courts decide custody based on the best interests of the child. A parent’s mental health may be one factor the court considers when evaluating stability, safety, and the ability to meet a child’s needs.
  • Spousal support. A spouse’s mental health can affect earning capacity, employment status, and need for support. These factors may influence the amount and duration of spousal support ordered.
  • The ability to participate in the process. If a spouse is unable to meaningfully participate in negotiations or court proceedings because of their condition, the case may need to be adjusted to ensure fairness. This could include appointing counsel, using conservatorship proceedings in separate circumstances, or adjusting timelines.

Practical Steps to Protect Your Interests

When mental illness is part of a divorce, taking thoughtful, practical steps helps keep the process focused and respectful. Consider the following actions:

  1. Document concerns and communications. Keep records of relevant incidents, communications, and any professional evaluations when appropriate.
  2. Prioritize children’s safety and stability. If there are immediate safety concerns, seek appropriate emergency or protective measures and consult an attorney right away.
  3. Consider neutral dispute resolution where possible. Mediation or structured negotiation can reduce conflict and be tailored to accommodate a spouse who struggles with participation.
  4. Be mindful of confidentiality and sensitivity. Mental health information is personal. Use it only when necessary to resolve legal issues and avoid public airing of private health matters.
  5. Work with experienced counsel. A lawyer familiar with sensitive situations can help you follow proper procedures, preserve your rights, and keep the case moving forward.

Real Example: How a Thoughtful Approach Helped Finalize a Divorce

“We recently helped a client whose spouse had been diagnosed with a severe mental health condition. We guided them through the process with care, made sure all legal steps were followed, and helped structure an agreement that protected both parties while still getting the divorce finalized.”

That case illustrates a practical path forward. We focused on clear documentation, respectful communication, and legal safeguards so the agreement was fair and executable without unnecessary delay.

When to Involve Other Professionals

Mental health issues can sometimes require involvement from professionals beyond your attorney. Depending on the circumstances, you may need:

  • Therapists or psychologists to provide evaluations relevant to custody or capacity
  • Medical records or testimony to document a condition when it affects parenting or earning ability
  • A guardian ad litem or attorney appointed to represent a party who cannot advocate for themselves

These steps should be taken carefully and with legal guidance to protect privacy and avoid unnecessary escalation.

How to Keep the Process Respectful and Legally Sound

The goal is to resolve the divorce in a way that protects legal rights while respecting the dignity of everyone involved. That means following correct legal procedures, being realistic about the effects of mental illness on parenting and finances, and seeking solutions that prioritize safety and stability.

Getting Help

If your divorce involves mental health concerns, you do not have to navigate it alone. An experienced team can help keep the paperwork in order, protect your rights, and structure agreements that work for both parties. Services that provide clear pricing, remote handling of filings, and compassionate guidance can simplify an already difficult process.

For help moving forward with clarity and compassion, consider scheduling a consultation to discuss your situation and next steps. A knowledgeable legal team can explain options specific to California law and help you pursue a resolution that fits your needs.

Remember: mental illness does not block your right to divorce, but it does call for careful planning and sensitivity. With the right approach, you can protect your interests and reach a fair, respectful outcome.

How to Divide Cryptocurrency in a California Divorce | California

Posted by Tim Blankenship on

 

How to Divide Cryptocurrency in a California Divorce

If you or your spouse owns cryptocurrency like Bitcoin, Ethereum, or other digital assets, you may be wondering how crypto is divided in a California divorce. The rules are straightforward, but the process can get tricky because digital assets are easier to hide, move, or mislabel than traditional accounts. Here is a clear, practical guide to identifying, valuing, and dividing cryptocurrency so your settlement or judgment is complete and enforceable.

California law in plain language

Any cryptocurrency acquired during the marriage is considered community property.

That means crypto earned, purchased, or otherwise acquired while married is generally subject to equal division between spouses, just like income, savings, or stocks. Ownership of a wallet or exchange account by one spouse does not change the community nature of coins acquired during the marriage.

Why cryptocurrency is tricky in divorce

  • Wallets and exchanges can be held under a single spouse’s login, private keys, or seed phrases, making immediate discovery harder.
  • Accounts may exist on multiple platforms, including foreign or obscure exchanges, decentralized finance platforms, or peer to peer marketplaces.
  • Values fluctuate rapidly. The value on the date of separation, the trial date, or the date of transfer may all be relevant depending on your agreement or court order.
  • Transactions on blockchains are pseudonymous. While records exist, tying addresses to a specific person sometimes requires investigation.

Step by step: Identify, value, and divide cryptocurrency

1. Identify where the crypto is held

Look for exchange accounts, custodial wallets, hardware wallets, software wallets, DeFi accounts, and any third party custodians. Ask for account statements, login details, seed phrases, or wallet addresses as part of discovery or settlement discussions. Even a single wallet address can reveal holdings and transactions on the blockchain.

2. Gather documentation

  • Exchange records and account statements
  • Wallet addresses and transaction histories
  • Records of purchases, transfers, and gifts
  • Bank records showing fiat transfers into or out of exchanges

3. Value the cryptocurrency

Determine the valuation date you will use. Common choices are the date of separation, the date of trial, or the date of distribution. Because prices move, state the valuation method clearly in your settlement or judgment so both sides agree how value was calculated.

4. Agree on division method

  • Transfer actual coins from one wallet to another and document the transfer
  • Sell coins and divide the proceeds
  • Offset with other assets if one spouse keeps the crypto

Whatever method you choose, put the steps and responsibilities in writing so the court can approve them and the judgment can be enforced.

How to list crypto properly in your judgment

To avoid delays or disputes later, list each digital asset with clear details in your judgment or settlement agreement. Include:

  • Type of coin or token (for example Bitcoin, Ethereum, or named altcoins)
  • Exact wallet addresses or exchange account identifiers
  • Number of coins or percentage interest to be transferred
  • Valuation date and the exchange or price source used for valuation
  • Step by step transfer instructions and deadlines
  • Remedy or penalty if a party fails to comply

Real example

We recently worked with a client whose spouse had invested in multiple coins on different platforms. We helped gather wallet addresses, exchange records, and values to include in the settlement. Once both parties agreed on the division, we outlined the terms in plain language so the court could approve it easily. That clear documentation prevented later disputes and simplified enforcement.

Special considerations

  • Private wallets and seed phrases. If a spouse controls a seed phrase, make sure the judgment requires documented transfer and confirmation on the blockchain.
  • Tax consequences. Selling crypto or transferring it can create taxable events. Consult a tax professional when structuring the division.
  • Privacy and security. Use secure methods to transfer private keys and avoid posting sensitive data in public channels.

Why professional help matters

Dividing digital assets requires both legal and technical attention. Professionals can help you:

  • Locate hidden or hard to find accounts
  • Properly value volatile assets
  • Draft enforceable language for your judgment
  • Coordinate transfers and document completion for the court

Next steps

If you need help dividing cryptocurrency in a California divorce, start by collecting any account information you have and documenting transactions you know about. If the situation feels complicated, get professional assistance to identify, value, and divide the assets properly.

For a free consultation and help preparing court‑approved language and transfer steps, visit divorce661.com and schedule a consultation. We can help you get it sorted, even if it feels complicated.

How to Serve Divorce Papers by Publication in California | California Divorce

Posted by Tim Blankenship on

 

How to Serve Divorce Papers by Publication in California

If you have filed for divorce but cannot locate your spouse, California allows a legal alternative called service by publication. This process lets you move your case forward even when your spouse is missing, but it requires careful documentation and court approval. Below is a clear, step-by-step guide to how service by publication works, what you must do first, and how to complete the process.

What is Service by Publication?

Service by publication is a court-approved method of notifying a missing spouse about divorce proceedings by publishing a legal notice in a newspaper. It is used when you cannot personally serve the other party because their whereabouts are unknown, and it is intended to provide reasonable notice when other methods have failed.

When Can You Use Service by Publication?

You can ask the court to allow service by publication only after you have made a thorough, good faith effort to find the other party. Courts require proof that ordinary means of locating and contacting the spouse were attempted and exhausted before they will permit publication.

Step 1: Complete a Good-Faith Search

Before you request publication, you must document a diligent effort to locate your spouse. The court expects you to try common and reasonable methods. Examples of actions to include in your search documentation:

  • Attempt service at the last known address
  • Contact relatives, friends, and known associates
  • Check social media profiles and messaging apps
  • Search public records such as DMV, voter registration, or property records
  • Use online people-search tools
  • Contact known employers or professional contacts

Keep records of dates, times, names of people contacted, screenshots or printouts, returned mail, and any other evidence that shows you tried to locate the person.

Step 2: File Your Request with the Court

Once you have documented your search efforts, you must ask the court for permission to serve by publication. This typically involves filing a declaration or affidavit that explains the good-faith search and why personal service was not possible. The court reviews your evidence and decides whether publication is appropriate.

What to include in your court filing

  • A clear summary of all attempts to locate and serve the respondent
  • Copies of any returned mail, emails, or messages
  • Names and contact information of people you attempted to reach
  • Details of online searches and results
  • A proposed publication plan or details from the newspaper you intend to use

Step 3: Court Approval and Publication

If the court grants permission, the next step is to publish the legal notice in an appropriate newspaper. Courts will often require publication in a newspaper of general circulation in the county where the case was filed or where the respondent was last known to live. The notice must run according to the court s and newspaper s rules.

After the notice has run for the required period and you have proof of publication from the newspaper, you can file the proof of service by publication with the court. That proof allows you to proceed with the case.

Step 4: Proceeding After Publication

Once publication is complete and proof is on file, you may be able to request a default judgment if the missing spouse does not respond. A default judgment lets the court decide issues such as property division and, if applicable, child custody and support without the other party s participation.

Real Client Example

We recently helped a client who had not seen their spouse in over five years. We documented every step of the search, prepared and filed the court request for publication, and arranged for the legal notice to run in the local newspaper. After the notice ran, we filed proof of publication with the court and successfully moved forward with a default judgment to finalize the divorce.

“How do I serve the papers if I don’t know where they are?”

That question is exactly why service by publication exists. With proper documentation and court approval, it provides a path to resolution when the other party cannot be located.

How We Help

At Divorce 661, we handle the entire process for clients who need service by publication. Our services include:

  • Helping you search for the missing spouse and documenting your good-faith efforts
  • Preparing and filing the necessary court paperwork to request publication
  • Coordinating publication with the appropriate newspaper
  • Filing proof of publication and guiding you through default procedures

We provide a full-service solution so your case stays on track and moves toward finalization even if the other party cannot be found.

Frequently Asked Questions

Do I always need an attorney to request service by publication?

No, but the requirements can be technical and courts expect detailed documentation. Many people find it helpful to get professional assistance to ensure the filing meets court standards and avoids delays.

How long does the publication process take?

The timeline depends on court scheduling and the newspaper s publication schedule. You will need to allow time for the notice to run and for the court to accept proof of publication before moving forward. Exact durations vary by county and newspaper.

Will publication guarantee a final judgment?

Publication provides notice and allows you to pursue a default judgment if the respondent does not respond. If the respondent later appears, they may have options to challenge the default depending on the circumstances.

Summary: Steps to Serve by Publication

  1. Conduct and document a thorough good-faith search for the missing spouse
  2. File a declaration or affidavit with the court requesting permission to publish
  3. If approved, arrange publication in an appropriate newspaper and obtain proof of publication
  4. File proof of publication with the court and proceed with default procedures if the respondent does not respond

If you need help serving divorce papers by publication in California, professional guidance can simplify the process and increase your chances of a smooth resolution. Proper documentation and timely filings are essential to move your case forward when a spouse cannot be found.

For assistance, you can schedule a consultation to review your situation and get help preparing the required filings and publication arrangements.

How to Handle Divorce When a Spouse Is Missing in California | California Divorce

Posted by Tim Blankenship on

 

How to Handle Divorce When a Spouse Is Missing in California

Yes. You can still get divorced if your spouse cannot be located

If you are ready to file for divorce but do not know where your spouse is, or you have not been in contact for years, you can still start and finalize a California divorce. The process begins the same way as any divorce: you file the petition and attempt to serve the other spouse. When personal service is not possible, California law provides alternative methods so your case can move forward.

“Can I still get divorced in California? The answer is yes.”

Step-by-step: How the process works when the other spouse is missing

  1. File the divorce paperworkStart by filing the petition and summons with the appropriate family court. This starts the case even if the other spouse has not yet been served.
  2. Attempt serviceMake reasonable, documented efforts to serve the respondent. Use process servers, certified mail, and any known contact information. Courts expect you to show due diligence before allowing alternative service.
  3. If you cannot locate them, ask the court for service by publicationWhen real-world service is impossible despite reasonable efforts, you can file a request with the court to serve by publication. If the judge approves, you publish a legal notice in a newspaper of general circulation where the spouse is likely to be found.
  4. Publish the noticeThe notice runs according to the court-approved schedule. Publication is a substitute for personal service when the respondent cannot be located.
  5. Wait the required period, then move for default if there is no responseAfter the publication period and any required waiting period expires, if the missing spouse still does not respond, you can ask the court to enter a default and proceed to finalize the divorce.

What is service by publication?

Service by publication is a court-ordered alternative to personal delivery of court papers. Instead of handing documents directly to the respondent, the court permits you to publish a notice in a newspaper. The court grants this only after you prove you made reasonable and thorough efforts to locate the missing spouse.

How to document your search: what courts expect

Documentation is critical. The court will want an affidavit or declaration showing your efforts to find the other spouse. Examples of reasonable steps include:

  • Hiring a process server and including their unsuccessful attempt declarations
  • Using certified mail to last known addresses and keeping returned mail receipts
  • Contacting known family members, friends, or employers
  • Searching social media profiles and online directories
  • Checking public records, property records, and DMV records when available
  • Using skip-tracing services or private investigators if appropriate
  • Documenting phone calls, emails, texts, and any leads you followed

Put everything in writing. The more detailed and organized your proof of diligence, the better your chance of court approval for publication.

What happens after publication: default and finalization

Once the court approves publication and the notice runs, the missing spouse technically has the opportunity to respond. If they do not, you can request that the court enter a default. After default, you can finalize the divorce, address property division, support, and other issues either by default judgment or by presenting the court with the proposed orders required to close the case.

Every court has procedures and required forms, so following the court-ordered steps precisely is important to avoid delays. If the case involves complex assets or custody issues, additional court requirements may apply.

Real client example

We recently helped a client who had not seen or heard from their spouse in more than ten years. After documenting multiple attempts to locate the missing spouse, we filed the required request with the court to serve by publication. The judge approved publication, the notice ran, and the case proceeded by default. The divorce was finalized without the spouse ever responding. Careful documentation and correct filings made that outcome possible.

Practical tips and warnings

  • Do not skip the documentation step. Courts take the “reasonable efforts” requirement seriously.
  • Keep copies of every attempted contact and every search effort in one folder for your court filings.
  • Local newspapers matter. Publication typically must be in a newspaper of general circulation in the area where the missing spouse might be found.
  • If you anticipate disputes over property, support, or custody, consider seeking legal guidance early so you can protect your interests.

How professional help can make the process easier

Navigating service by publication, filings, and default procedures can be confusing and time consuming. Working with professionals who understand the local court rules helps ensure your search documentation is sufficient, the right motions and declarations are filed, and your case moves forward as smoothly as possible.

If you need help documenting your search, preparing the necessary motions, or filing for default after publication, take the next step and get a consultation. We offer flat-fee divorce services and remote support across California to guide you through this process from start to finish. Visit divorce661.com to schedule a free consultation and learn how to proceed even if your spouse cannot be found.

How to Deal with a Spouse Who Refuses to Sign Divorce Papers in California | California Divorce

Posted by Tim Blankenship on

 

How to Deal with a Spouse Who Refuses to Sign Divorce Papers in California

One of the most frustrating parts of divorce is when a spouse refuses to sign the papers. You may feel stuck, powerless, or unsure how to move forward. The good news is that in California you do not need your spouse’s permission to get divorced. Understanding the process and the options available will let you keep the case moving even when the other side will not cooperate.

California is a No Fault Divorce State

California follows no fault divorce rules. That means you do not need the other spouse to agree to the divorce or to sign any documents for the case to proceed. Filing the petition and properly serving the other party starts the process. If your spouse ignores the case after being served, the law provides a path to finalize the divorce without their participation.

Service and the 30-Day Response Period

Proper service of the divorce papers is essential. Once a spouse has been properly served, they have 30 days to file a response. If they do not respond within that 30-day window, you can request a default judgment from the court.

  • File and serve the petition according to the court rules.
  • Wait 30 days after proper service for a response from the other spouse.
  • If no response, prepare and submit the default paperwork to the court.

What Is a Default Judgment?

A default judgment is the court’s way of finalizing the case when the other party does not participate. It allows the court to grant the divorce and resolve the issues in the case without the spouse’s signature or cooperation. The court will review the paperwork you submit and, if everything is in order, issue the judgment that legally ends the marriage.

Important points about default judgments

  • The court will expect proper forms and supporting documents that address the issues in the case, such as property division, debts, and any orders related to children or support.
  • Everything must follow court rules to avoid delays or rejection of the default request.
  • Default is a common and legitimate path when a spouse chooses to ignore the case.

Real Example: Finalizing a Divorce Without Cooperation

Clients often ask whether the court will really grant a divorce if the other side does not participate. In one recent matter, after filing and serving the documents, the responding spouse ignored the entire case. We waited the required 30 days, submitted the default judgment, and the court granted the divorce. No signature, no cooperation, and the client was able to move forward.

After we filed and served the documents, we waited the required 30 days, then submitted the default judgment. The court granted the divorce and our client was able to move on.

How to Handle an Uncooperative Spouse the Right Way

Even though you can move forward without the other spouse, it is important to follow the rules precisely. Mistakes in service or in the default paperwork are common reasons for delay. Here are the practical steps to keep your case on track:

  1. Confirm proper service was completed and documented.
  2. Keep accurate records of dates and methods of service.
  3. Prepare complete default paperwork addressing all issues the court needs to decide.
  4. File the default request with the court after the 30-day response period has passed.
  5. Follow any additional court instructions or requirements to finalize the judgment.

Why Consider Professional Help

Handling service, filings, and default judgments correctly can be technical and time sensitive. Working with experienced professionals helps ensure:

  • All documents are prepared and filed according to court rules.
  • Service is done properly and evidence of service is preserved.
  • Default requests are drafted so the court can grant the judgment without unnecessary delays.

If your spouse is refusing to sign divorce papers, you have options. You do not need their cooperation to finalize the divorce in California. With the right approach you can move forward and get your case resolved.

Next Steps

If you are facing this situation and want guidance on how to proceed, consider scheduling a consultation to review your case, confirm proper service, and prepare the necessary default filings. A clear plan will keep your divorce moving forward even when the other side refuses to participate.

Would you wait for your spouse to cooperate or move forward without them? Consider which option best protects your time and interests and take the next step to finalize your case.

How to Handle Social Security Benefits in a California Divorce | California Divorce

Posted by Tim Blankenship on

 

How to Handle Social Security Benefits in a California Divorce

Why Social Security matters in a divorce

Social Security is a federal program. That means California divorce courts do not divide Social Security benefits the way they divide property or retirement accounts. Still, Social Security can be a significant part of long term income after divorce, especially after a long marriage. Knowing your rights now can prevent you from missing out on future income.

The key rule: the 10 year marriage requirement

If you were married for at least 10 years, you may be entitled to collect benefits based on your ex spouse’s work record. You can qualify even if your ex spouse has remarried. To claim a spousal benefit on an ex spouse’s record you generally must be unmarried and at least 62 years old. In many cases the spousal benefit can be more than the benefit you would receive based on your own work history.

“If you were married for at least 10 years, you may be entitled to collect benefits based on your ex spouse’s work record, even if they’ve remarried.”

Real client example

We recently helped a client who did not know she could claim on her ex husband’s record. She had been married for over 20 years, was over age 62, and was not remarried. She qualified for a spousal benefit that turned out to be higher than the benefit based on her own earnings. That additional Social Security income improved her long term financial security in retirement.

What we do to help

We do not handle Social Security benefits directly, because those benefits are administered by the Social Security Administration. What we do is make sure you understand your rights and that your divorce paperwork reflects your long term retirement planning needs. That includes:

  • Identifying whether you meet the 10 year rule and other eligibility factors.
  • Ensuring retirement and benefit considerations are addressed in settlement paperwork.
  • Explaining how claiming decisions can affect your future income and when you should consult the Social Security Administration.

Practical steps to protect your Social Security options

  1. Confirm the length of your marriage. If you were married 10 years or longer you may qualify for an ex spousal benefit.
  2. Check your current marital status. You generally must be unmarried to claim on an ex spouse’s record.
  3. Know your age. Many spousal claims require you to be at least 62 to begin benefits.
  4. Compare benefit amounts. Request your own Social Security statement and compare it to an estimate of a spousal benefit to see which is higher.
  5. Address retirement planning in the divorce agreement. Make sure paperwork reflects any decisions that could affect future income.
  6. Contact the Social Security Administration when ready to claim. They will confirm eligibility and guide the application.

Common questions

Can I claim on my ex spouse even if they are remarried?

Yes. Being remarried does not prevent you from claiming a spousal benefit on an ex spouse’s record as long as you meet the other eligibility rules.

Does the divorce court divide Social Security?

No. Social Security is not a divisible asset in state divorce proceedings because it is a federal benefit. That is why understanding eligibility and timing is so important.

Next steps

If you are going through a divorce and want to make sure your future Social Security options are protected, get the facts now. Review your marriage length, your age and marital status, and address retirement and benefit concerns in your divorce paperwork. For guidance specific to your situation, visit divorce661.com and schedule a free consultation. We will help you understand what to expect now and down the road so you do not miss out on future income.

How to Divide Intellectual Property in a California Divorce | California Divorce

Posted by Tim Blankenship on

 

How to Divide Intellectual Property in a California Divorce

If you or your spouse created something valuable during your marriage, such as a book, artwork, software, or a brand, you are probably asking what happens to that intellectual property in a California divorce. Intellectual property can be a high value but complex asset to divide. Below I break down how California treats IP, what matters for valuation, and practical options for dividing creative work so you can protect your rights and reach a fair outcome.

Why intellectual property matters in a divorce

Intellectual property can produce ongoing income through royalties, licensing, or product sales. It can also represent significant future earning potential even if it is not yet earning money. That is why IP created during a marriage often needs careful treatment in divorce settlements.

In California, intellectual property created during the marriage is generally considered community property.

That basic rule means IP developed while married is presumptively shared, even if one spouse did most of the work. The critical questions are when the IP was created and what its value is now and in the future.

Key factors in dividing IP in California

  • Date of creation and development: Was the idea or work created before the marriage, during the marriage, or after separation? Timing affects whether it is community property, separate property, or a mix.
  • Contribution during the marriage: Who did the creative, technical, marketing, or management work? Even if one spouse did most of the work, the community may still have an interest if it was developed during the marriage.
  • Current and future value: Is the IP already generating income through royalties or sales? What is the reasonable expectation for future income? These projections matter for fair division.
  • Type of intellectual property: Copyrights, trademarks, patents, trade secrets, and digital assets are treated differently in practice. Each may require specific valuation methods and contractual language.

Types of IP and how they are handled

Not all intellectual property is the same. Here is how common types are generally addressed in a divorce.

  • Royalties and copyrights: Ongoing royalty streams are treated as income producing community assets. Valuation often uses present value of future royalties.
  • Trademarks and brands: A brand may have value based on customer recognition and sales potential. Division can involve buyouts, licensing arrangements, or profit sharing.
  • Patents and inventions: Patents may require expert valuation for potential licensing income and market worth.
  • Software and digital products: Software, apps, and digital courses can have complex revenue models. Valuation should account for recurring revenue, user base, and growth potential.

Valuation is critical

Accurately valuing intellectual property is often the most important and disputed part of dividing IP. You can not simply split an idea. You need a realistic estimate of current worth and projected future earnings. That may require business valuation experts, forensic accountants, or IP specialists.

Without a proper valuation you risk an unfair settlement. A spouse who created a brand or product during the marriage may understandably want to keep control, but the noncreator spouse may still be entitled to a share of the community interest.

Practical solutions: buyouts, licenses, and split ownership

There are several ways to resolve IP division while protecting both parties future interests.

  • Buyout: One spouse pays the other a lump sum or structured payments in exchange for full ownership and control. This is common when the creator wants to retain control and the other spouse wants compensation for the community interest.
  • Licensing agreement: The creator keeps ownership but grants the former spouse a license to receive a portion of income for a set period or under certain terms.
  • Profit sharing: The parties agree to share future revenues according to a formula. This requires clear accounting rules in the settlement to avoid future disputes.
  • Joint ownership with defined roles: For ongoing businesses, the settlement can define decision making, management authority, and how profits are distributed.

Real case example

We helped a client whose spouse launched a digital brand and product line during the marriage. Although most of the work was done by one person, the brand and its future income potential were community assets. We accounted for that future income and structured a fair buyout so the creator could retain full control moving forward while the other spouse received appropriate compensation. The settlement included specific language to avoid future disputes over revenue accounting and control.

What to include in your divorce agreement to avoid future disputes

When IP is involved, the written agreement should be precise. Include wording that covers:

  • Exact intellectual property being divided, including registrations and applications
  • Effective date of creation and any separate property claims
  • Valuation method used and buyout numbers or revenue share formulas
  • Payment schedule and remedies for missed payments
  • Control, management rights, and licensing terms
  • Accounting and audit rights to verify income
  • How new related IP developed after the divorce will be handled

How to protect your creative work during a divorce

  1. Identify every piece of intellectual property and related agreements, registrations, and revenue streams.
  2. Collect documentation showing when development started and any pre marriage contributions.
  3. Get professional valuations for patents, trademarks, brands, and businesses that include projected income.
  4. Negotiate clear settlement language that covers control, revenue splits, licensing, and enforcement.
  5. Consider a buyout when one spouse wants sole control but recognize that buyout amounts should reflect the community interest.

How I can help

If your divorce involves creative work or intellectual property you want handled correctly, I can help you identify and address those assets. I work with experts in valuations and draft settlement language to avoid future disputes. We offer flat fee services and 100 percent remote support across California.

To get started, schedule a free consultation at Divorce661.com. If you want to discuss your IP, take the first step and book a consultation at https://divorce661.com/divorce661-consultation/

Final thoughts

Intellectual property created during a marriage is generally treated as community property in California. The work you put into a book, artwork, software, or brand matters, but so does the community interest in the asset. Proper valuation and carefully drafted settlement language are essential. With the right approach you can protect your creative work and reach a fair resolution.

How to Handle a Divorce with a Special Needs Child in California | California Divorce

Posted by Tim Blankenship on

 

How to Handle a Divorce with a Special Needs Child in California

Divorcing when your child has special needs can feel overwhelming. In California, there are specific considerations you must address to protect your child’s long-term care, stability, and financial security. A thoughtful parenting plan and clear court order can make the difference between ongoing chaos and predictable, reliable support for your child.

Why standard custody schedules often do not work

Typical custody schedules assume a child can move easily between homes and adjust to changing routines. For many children with special needs, that level of disruption causes stress, interferes with therapies, and can set back progress made at school or in medical care.

Instead of rigid 50/50 calendars, a parenting plan for a child with special needs should emphasize:

  • Consistency in daily routine and environment
  • Flexibility to accommodate therapy sessions, specialist appointments, and school needs
  • Minimizing disruption when transitions are likely to cause distress

What to include in a parenting plan for a special needs child

A legally sound parenting plan goes beyond who has time with the child. It should address the practical details that matter most to your child’s well-being.

  • Detailed time sharing tailored to the child’s needs, not just an even split of days
  • Medical decision-making procedures, including who makes emergency and routine care choices and how parents will consult each other
  • Therapies and appointments scheduling and coordination so sessions are not missed or duplicated
  • Transportation responsibilities for getting the child to therapy, school, and medical visits
  • Cost-sharing for medical care, therapies, equipment, long-term care, and school-related services
  • School accommodations and communication with educators to ensure IEPs and 504 plans are implemented consistently
  • Contingency planning for changes in the child’s condition or parents’ circumstances

Real client example: Custom plan for a child with autism

We recently helped a Los Angeles couple who had been co-parenting a child on the autism spectrum. Rather than forcing a standard schedule, we worked with them to draft a custom parenting plan that considered their child’s therapies, school schedule, and need for consistent routines.

The plan included:

  • Time sharing that kept the child’s therapeutic schedule intact
  • Explicit provisions for medical decision-making so both parents knew how to handle health and behavioral issues
  • Clear transportation responsibilities to ensure no appointment was missed
  • How costs for long-term services and therapies would be shared

Having those details written into the court order reduced conflict and made it simple for both parents to follow the same plan, keeping the child’s interests front and center.

Child support and long-term financial care

Child support for a special needs child often looks different than typical child support. In California, support can sometimes extend beyond the age of 18 if the child is unable to support themselves. That extension must be clearly outlined in your judgment so it is enforceable.

When planning financially, consider these steps:

  • Specify the duration and scope of support in the judgment
  • Address who pays for extra costs like specialized therapies, equipment, or residential care
  • Explore financial tools such as special needs trusts, ABLE accounts, or conservatorships when appropriate to protect benefits and provide for long-term care
  • Coordinate support orders with public benefits to prevent unintended loss of services

Why formalizing everything in the judgment matters

Vague agreements are difficult to enforce. Putting explicit terms for custody, medical decision-making, transportation, therapy costs, and extended support into the divorce judgment protects your child and reduces future disputes. A clear judgment gives both parents a roadmap they can follow without repeated court involvement.

How we can help

We help parents create custody and support plans that reflect the unique needs of their children and stand up in court. Our approach includes:

  • Custom parenting agreements that prioritize stability and routine
  • Drafting and filing all required court forms so your agreement becomes an enforceable judgment
  • Planning for long-term financial needs, including support provisions that extend when necessary
  • Remote, flat-fee services to make the process simple and predictable

“We help you create a plan that puts your child’s well-being first and gives you peace of mind.”

If you are going through a divorce and have a special needs child, you do not have to figure this out alone. Visit divorce661.com to schedule your free consultation and get help building a parenting and support plan that truly works for your family.