Terminating Spousal Support in Long-Term Marriages in California | California Divorce

Posted by Tim Blankenship on

 

Terminating Spousal Support in Long-Term Marriages in California

When it comes to divorce, spousal support can be one of the most contentious issues. For those who have been married for over ten years, California law considers their marriage long-term, which has significant implications for spousal support. This article dives deep into how to terminate spousal support for long-term marriages in California, especially when both parties agree to do so.

Understanding Long-Term Marriage and Spousal Support

In California, any marriage lasting over ten years is classified as a long-term marriage. This classification has a crucial impact on spousal support. Under California law, the court retains jurisdiction over spousal support indefinitely for long-term marriages. This means that even if both parties agree to terminate spousal support, the court can still potentially revisit the issue in the future.

Why Terminate Spousal Support?

Many couples may find themselves in a situation where both spouses earn similar incomes and have no desire for ongoing spousal support. In such cases, they might want to terminate jurisdiction over spousal support to avoid any future claims. Here are a few reasons why couples might seek to terminate spousal support:

  • Financial Independence: Both parties may have achieved financial stability and no longer need support.
  • Avoid Future Legal Complications: Terminating jurisdiction means that neither party can return to court to request support later.
  • Agreed Terms: Both parties may agree that spousal support is unnecessary, and they want to formalize this understanding.

How to Terminate Spousal Support

So, how can couples terminate spousal support in California? The process involves a few specific steps, especially when both parties are in agreement. Here’s a detailed look at how to navigate this process:

1. Drafting a Waiver

The initial step involves drafting a waiver that both parties must sign. This waiver should clearly state that both parties understand they are relinquishing their rights to future spousal support. It’s essential to include language that indicates:

  • Both parties agree to terminate spousal support.
  • The order terminating spousal support is non-modifiable.
  • Neither party can request spousal support in the future, regardless of changes in financial circumstances.

2. Submitting the Waiver to the Court

Once the waiver is drafted and signed, the next step is to submit it to the court as part of the divorce judgment. When both parties agree, the courts generally honor this agreement. However, this can depend on the specific judge handling the case.

3. Understanding Court Variability

It’s crucial to understand that different courts may have different responses to such requests. Some judges may reject the judgment if they believe it violates California law, which states that the court retains jurisdiction over spousal support for long-term marriages. Therefore, it is essential to be prepared for the possibility of rejection and to have a plan in place.

4. Filing a Motion for Court Approval

If the court rejects the judgment, couples can file a motion (Request for Order) to enter judgment. In this motion, both spouses can explain to the court their willingness to waive spousal support and terminate jurisdiction. Presenting a united front can often help sway the court’s decision.

Real-Life Examples

To illustrate how this process works, let’s look at a recent case. A couple married for over ten years found themselves in a situation where both were earning identical incomes. They mutually agreed that spousal support was unnecessary and wanted to terminate the court’s jurisdiction over it. By drafting a comprehensive waiver and presenting it to the court, they successfully obtained approval, thus closing the door on any future claims for spousal support.

Challenges and Considerations

While the process can be straightforward for some couples, there are challenges to consider:

  • Judicial Discretion: Some judges may be more lenient than others, which can affect the outcome of the waiver.
  • Legal Representation: Even though this article provides a general outline, consulting with a legal professional can provide valuable insights and ensure that all legal requirements are met.
  • Future Changes: Life circumstances can change unexpectedly, and both parties should be aware of the implications of waiving spousal support jurisdiction.

Feedback from the Field

We encourage feedback from those who have navigated this process or from attorneys who have had success in similar situations. Sharing experiences can help others understand the nuances involved in terminating spousal support for long-term marriages in California.

Conclusion

Terminating spousal support in California for long-term marriages is possible, especially when both parties agree. By drafting a clear waiver and being prepared to navigate the court system, couples can close the door on future spousal support claims. It’s essential to approach this process thoughtfully and consider seeking legal advice to ensure everything is handled correctly.

For those considering this path, remember that every situation is unique. Understanding your rights and responsibilities is crucial to making informed decisions during this challenging time. If you have questions or need assistance, don’t hesitate to reach out to a qualified professional.

 

How to File a California Divorce Request to Enter Default | California Divorce

Posted by Tim Blankenship on

 

How to File a California Divorce Request to Enter Default

Welcome to our comprehensive guide on filing a request to enter default in a California divorce. If you find yourself navigating through a divorce process where your spouse is unresponsive, understanding how to file a request for default can be crucial. Let’s dive into the details to ensure you’re well-equipped to handle this situation.

Understanding the Basics of Default in Divorce

When you file for divorce in California, the moment your spouse is served with the divorce papers marks the beginning of several important timelines. This date is essential because it signifies the start of jurisdiction over your case and also triggers significant waiting periods. For example, from the date of service, a divorce cannot be finalized for at least six months. This waiting period is mandatory and applies to all divorce cases in California.

Moreover, the day your spouse is served also initiates the countdown for filing a request to enter default. This request can be filed in two scenarios: a true default case and a hybrid default case with agreement. However, we will focus on the true default case in this guide, as it is where you will encounter the critical 30-day waiting period.

The 30-Day Waiting Period

One of the most important aspects of filing a request to enter default is the 30-day waiting period. After your spouse has been served, you must wait a full 30 days before you can submit your request to enter default. In fact, it’s advisable to wait even longer—31 or 32 days—to avoid any issues. The key point here is that you cannot date your request to enter default before the 30-day mark has passed.

Let’s illustrate this with an example: suppose your spouse was served on November 4th. You cannot submit your request until December 4th at the earliest, and it’s best to date the form December 5th or later.

Common Pitfalls When Filing for Default

It’s crucial to understand that the courts are strict about the dating of your request to enter default. If you mistakenly date the form before the 30-day period is up, it will be rejected. This is primarily because the request must be approved by the judicial assistant or the court clerk, who will check the date on your form. If it falls within the 30-day window, it will not be accepted.

We’ve seen clients who tried to file their requests early, thinking they could prepare everything in advance. However, if they dated their forms incorrectly, they faced rejections that delayed their cases unnecessarily. So, remember: do not prepare your request in advance with an early date. It’s best to wait until the 30 days have passed and then fill out the form accurately.

True Default vs. Hybrid Default

While this discussion primarily focuses on a true default case, it’s worth noting the existence of a hybrid default case. In a hybrid scenario, there is an agreement between the spouses, and the request to enter default is submitted alongside the judgment. In this case, you still need to wait for the 30-day period, but the process differs slightly as you’re not just filing for default; you’re also presenting an agreement.

In contrast, a true default means that your spouse has not responded at all. This lack of response is what allows you to move forward with your request for default judgment. The court will then only consider the information and requests you have submitted, as your spouse’s side is absent.

Steps to File a Request to Enter Default

Now that we’ve established the importance of the 30-day waiting period and the nuances of true and hybrid defaults, let’s outline the specific steps you need to take to file a request to enter default in California.

Step 1: Verify the Service of Divorce Papers

First and foremost, ensure that you have proof that your spouse has been served with the divorce papers. This proof is crucial for moving forward with the default process. The proof of service must be filed with the court.

Step 2: Wait for the 30-Day Period

As emphasized earlier, you must wait at least 30 days from the date your spouse was served. It’s essential to count the days carefully to ensure you don’t file prematurely.

Step 3: Complete the Request to Enter Default Form

Once the 30 days have passed, you can complete the Request to Enter Default form (FL-165). This form is where you formally request the court to enter a default judgment against your spouse.

Step 4: Gather Required Documents

When filing the request, ensure to include all necessary documents. For a true default case, you may need to attach other forms, such as the Income and Expense Declaration (FL-150) and Property Declaration (FL-160), depending on your situation.

Step 5: File the Request with the Court

Once your request and supporting documents are ready, file them with the court clerk’s office. Don’t forget to keep copies for your records.

Step 6: Await Court Approval

After filing, the court will review your request. If everything is in order, the court clerk will enter your spouse’s default, and your case will proceed to judgment without their response.

What Happens After Filing the Request?

Once the request to enter default is filed and accepted, the next steps involve preparing for the final judgment. The court will generally review your proposed terms and can grant a default judgment based on the information you provided.

It’s important to note that if your spouse later decides to respond after the default is filed, they may still be able to contest the proceedings, depending on the circumstances. This is why it’s crucial to ensure your paperwork is accurate and complete.

Final Thoughts

Navigating a divorce can be complicated, especially when one spouse is unresponsive. Understanding how to file a request to enter default is essential for anyone facing this situation in California.

If you need assistance, don’t hesitate to reach out for professional help. At Divorce661, we specialize in California divorce and can help you prepare your case accurately and affordably. Remember, getting the details right from the start can save you time and stress in the long run.

For more information or to schedule a consultation, visit our website or give us a call. We’re here to help you through this challenging time.

 

California Divorce: When You Need to Notarize Your Divorce Documents | California Divorce

Posted by Tim Blankenship on

 

California Divorce: When You Need to Notarize Your Divorce Documents

Understanding the nuances of divorce in California can be challenging, especially when it comes to the requirements surrounding notarization of documents. In this blog, we’ll clarify when notarization is necessary and explore the different types of divorce cases that can affect this requirement.

Types of Divorce Cases in California

Before diving into the notarization requirements, it’s essential to understand the different types of divorce cases in California. Each type has its specific rules regarding documentation and notarization.

True Default Case

A true default case occurs when one spouse files for divorce, and the other spouse does not respond or participate in the process at all. In this scenario, the spouse who filed has no interaction with the other party, meaning there’s no signature or agreement involved. The court recognizes this lack of participation.

In a true default case, you do not need to notarize any documents. The court accepts the judgment without requiring a notarized signature since they understand that one party is entirely uninvolved.

Uncontested Divorce

Next, we have the uncontested divorce. This situation arises when one spouse files for divorce, and the other spouse responds, leading to an agreement or a court process where both parties are engaged. Here, both spouses work together to settle the terms of the divorce.

In an uncontested divorce, similar to a true default case, neither party needs to have their signature notarized when submitting the judgment to the court. The cooperation between both parties eliminates the need for additional verification.

Hybrid Divorce (Default with Agreement)

The hybrid divorce, also known as a default with agreement, is a unique situation. In this case, one spouse files for divorce, and the other spouse does not formally respond. However, they agree to enter into a written agreement concerning the divorce terms.

For this type of divorce, the respondent’s signature on the judgment must be notarized before submission to the court. The reason for this requirement is that the respondent never officially filed a response. The court needs assurance that it is indeed the respondent involved in the divorce and not someone impersonating them.

The Importance of Notarization

Now that we’ve covered the types of divorce cases, let’s discuss why notarization is important, particularly in the hybrid divorce scenario.

Notarization serves as a safeguard. It verifies the identity of the signer and confirms that they are willingly entering into the agreement. This helps prevent any potential issues or disputes regarding the authenticity of the judgment. In a hybrid divorce, where one party is less involved, notarization becomes crucial as it ensures that the documentation is legitimate and that the respondent’s rights are protected.

Understanding the Written Agreement

In any divorce case involving agreements, having a written document is key. This written agreement outlines the terms both parties have settled on, and it’s essential for the court to have a clear understanding of these terms when finalizing the divorce.

For a hybrid divorce, the written agreement should include:

  • Division of assets and debts
  • Child custody arrangements (if applicable)
  • Spousal support terms
  • Any other relevant terms both parties have agreed upon

The clarity and detail in this written agreement can significantly affect the outcome of the divorce proceedings. It’s advisable to consult with a divorce professional to ensure that all necessary terms are included and correctly documented.

Additional Insights on Notarization

Many individuals may not realize the broader implications of notarization. It’s not just a formality; it serves to protect both parties involved in the divorce. When a document is notarized, it carries legal weight. This can be crucial if either party decides to contest the agreement later.

Moreover, notarization can streamline the process. Courts often prefer documents that are notarized, as it simplifies verification. In the long run, having notarized documents can save time and reduce complications.

How to Get Your Documents Notarized

Getting your divorce documents notarized in California is a straightforward process. Here are the steps you should follow:

  1. Identify a Notary Public: You can find notaries at banks, legal offices, or even through mobile notary services that come to your location.
  2. Bring Identification: Make sure to have a valid government-issued photo ID (like a driver’s license or passport) when you go for notarization.
  3. Sign in the Presence of the Notary: It’s essential to sign the documents in front of the notary. They will witness your signature and complete the notarization process.
  4. Pay the Notary Fee: Be prepared to pay a small fee for the notarization service, which is typically regulated by state law.

Conclusion

Understanding when and how to notarize your divorce documents in California can make a significant difference in your divorce proceedings. Whether you are dealing with a true default case, an uncontested divorce, or a hybrid case, knowing the requirements can save you time and trouble.

If you are unsure about your specific situation or need assistance navigating the divorce process, it’s always a good idea to seek professional help. At Divorce661, we specialize in guiding individuals through the complexities of divorce in California. Don’t hesitate to reach out for support.

Let’s simplify the process together and ensure that you have the right documentation and support every step of the way.

 

Understanding Legal Separation: Important Reasons and the Process | California Divorce

Posted by Tim Blankenship on

 

Understanding Legal Separation: Important Reasons and the Process

Legal separation is often misunderstood, and many people find themselves unsure about whether it is the right choice for their situation. In this blog post, we’ll dive into the primary reasons for filing for legal separation and explore the process involved. While many may consider divorce as the only option, legal separation can serve specific needs for some individuals. Let’s break down the key points you need to consider.

Two Main Reasons for Filing Legal Separation

When it comes to legal separation, there are primarily two compelling reasons that stand out: religious beliefs and medical concerns. These reasons can significantly influence your decision-making process.

  • Religious Beliefs: For many, divorce is not an option due to their religious beliefs. Various faiths have doctrines that discourage or outright prohibit divorce. In such cases, legal separation becomes a viable alternative. It allows couples to separate without formally dissolving their marriage, thus adhering to their religious values.
  • Medical Concerns: Another critical reason for pursuing legal separation is related to health insurance and medical benefits. When a couple divorces, one spouse typically loses their status as a dependent on the other’s health insurance plan. This can pose significant challenges, especially if one partner has health issues and cannot obtain insurance independently. Legal separation allows spouses to maintain their health insurance coverage, making it a practical choice for those facing medical concerns.

Why Legal Separation Might Not Be the Best Choice

While legal separation can be beneficial for some, it’s essential to recognize that it may not be the best option for everyone. In many cases, the reasons for pursuing separation can be addressed through divorce. Here are a few considerations:

Filing for legal separation does not expedite the process. Courts are often overwhelmed with cases, and the timeline for legal separation is comparable to that of a divorce. This means that if you’re looking for a swift resolution, legal separation may not provide the efficiency you’re seeking.

Moreover, if you don’t have strong religious or medical reasons for choosing legal separation, it may be more straightforward to pursue a divorce. The paperwork and procedures are similar, and you might find that a divorce aligns better with your long-term goals.

The Legal Separation Process

The process of legal separation is quite similar to that of divorce. Understanding the steps involved can help demystify the procedure and prepare you for what to expect.

Filing the Necessary Paperwork

To initiate the legal separation process, you will need to fill out specific forms. The paperwork is largely identical to that required for divorce. The only distinction lies in the selection of the type of separation you are pursuing. Instead of checking the “dissolution” box, you will select the “legal separation” option.

This means that if you are already familiar with the divorce process, moving forward with legal separation will feel quite similar. You will still need to address issues such as property division, child custody, and support arrangements, just as you would in a divorce case.

Similarities to Divorce

It’s crucial to note that the legal separation process entails addressing many of the same issues that arise in a divorce. You will need to reach agreements on:

  • Division of assets and debts
  • Child custody arrangements
  • Child support and alimony

Essentially, a legal separation involves creating a clear framework for how you and your spouse will navigate your separate lives while remaining legally married. This can offer a sense of stability, especially for couples who may not be ready to fully commit to a divorce.

Considerations Before Choosing Legal Separation

Before deciding whether legal separation is the right path for you, it’s essential to weigh your options carefully. Here are some key questions to consider:

  • Do you have strong religious convictions that prohibit divorce?
  • Are there medical concerns that would make legal separation more beneficial than divorce?
  • Are you prepared for the potential complexities that come with separation, such as ongoing financial obligations and custody arrangements?
  • What are your long-term goals for your relationship? Do you foresee a possibility of reconciliation, or do you believe separation is a step towards divorce?

Taking the time to reflect on these questions can provide clarity and help you make an informed decision about your future.

Conclusion

Legal separation is a significant decision that can provide a solution for those who are not ready to pursue divorce but need to live separately for various reasons. Understanding the primary motivations—religious beliefs and medical concerns—can help you determine if this path is appropriate for you. Additionally, being aware of the similarities between legal separation and divorce can aid in navigating the process more effectively.

If you find yourself contemplating legal separation, don’t hesitate to reach out for assistance. The process can be complex, and having professional guidance can help ensure that your rights are protected and that you achieve a fair outcome.

For more information about legal separation and how it may pertain to your unique situation, feel free to contact me. I’m here to help you through this challenging time.

 

Exploring Divorce Resources: Your Guide to Self-Help in California | California Divorce

Posted by Tim Blankenship on

 

Exploring Divorce Resources: Your Guide to Self-Help in California

Divorce can be an overwhelming experience, filled with emotional and practical challenges. However, with the right resources, you can navigate this journey more smoothly. One of the most valuable resources available today is online self-help divorce services. In California, these services can help you understand the divorce process, access necessary forms, and find the support you need.

Online Divorce Resources: What You Need to Know

In California, there are numerous online platforms designed to assist individuals going through a divorce. One such platform is Divorce661, which offers a wealth of resources tailored specifically for California residents. From instructional videos to helpful articles, these resources are designed to empower you during a challenging time.

When you visit the Divorce661 website, you’ll find an array of topics related to divorce, allowing you to choose what is most relevant to your situation. Whether you’re seeking guidance on filing paperwork or understanding your rights, these resources can provide clarity and support.

Why Choose Online Self-Help Divorce Services?

The convenience of online self-help divorce services cannot be overstated. Here are some reasons why they can be beneficial:

  • Accessibility: You can access resources anytime and anywhere, making it easier to find help when you need it.
  • Comprehensive Guidance: Many online platforms offer step-by-step instructions on how to complete your divorce paperwork, ensuring you don’t miss any crucial steps.
  • Cost-Effective: Online services often provide affordable options compared to hiring a lawyer for every aspect of the divorce process.
  • Self-Paced Learning: You can learn at your own pace, revisiting videos and articles as needed to fully grasp the information.

Understanding the Divorce Process in California

The divorce process in California can be complex, but understanding the key steps can help demystify it. Here’s a brief overview:

  1. Filing for Divorce: The process begins by filing a petition for divorce with the court. This document outlines your intentions and must be served to your spouse.
  2. Response: Your spouse will have the opportunity to respond to the petition, which can lead to negotiations regarding property division, child custody, and support.
  3. Discovery: This phase involves gathering information and documentation to support your case, including financial records and other relevant materials.
  4. Negotiation: Many couples choose to negotiate terms of their divorce, often with the help of mediators or attorneys.
  5. Finalization: Once an agreement is reached, the court will issue a final judgment, officially dissolving the marriage.

Common Challenges During Divorce

Divorce can bring about various challenges, both emotional and logistical. Here are some common issues individuals may face:

  • Emotional Turmoil: Feelings of sadness, anger, and anxiety are normal during a divorce. It’s essential to acknowledge these emotions and seek support when needed.
  • Financial Concerns: Divorce can have significant financial implications. Understanding your rights and obligations regarding property division and spousal support is crucial.
  • Child Custody: If children are involved, custody arrangements can be a significant source of conflict. Prioritizing the children’s best interests is essential.
  • Logistical Issues: Managing the practicalities of divorce, such as moving out or changing names, can be overwhelming.

How to Navigate Your Divorce Successfully

While navigating divorce can be daunting, there are strategies you can employ to make the process smoother:

  • Educate Yourself: Utilize online resources to understand your rights and the divorce process.
  • Seek Support: Consider joining support groups or seeking counseling to help cope with the emotional aspects of divorce.
  • Stay Organized: Keep all documents related to your divorce in one place to simplify the process.
  • Communicate Effectively: If possible, maintain open communication with your spouse to facilitate negotiations and reduce conflict.

Final Thoughts: Empowering Yourself Through Divorce

Divorce is undoubtedly a challenging journey, but it’s also an opportunity for growth and self-discovery. By leveraging online resources and seeking support, you can navigate this process with greater confidence. Remember that you are not alone; many individuals have successfully navigated divorce and emerged stronger on the other side.

For more information and resources, visit Divorce661 to access a variety of self-help videos and articles tailored to your needs. Empower yourself with knowledge and support as you take this important step in your life.

 

Understanding the 60-Day Rule for Financial Disclosures in California Divorce | California Divorce

Posted by Tim Blankenship on

 

Understanding the 60-Day Rule for Financial Disclosures in California Divorce

When navigating a divorce in California, one of the crucial steps involves financial disclosures. This process is governed by a specific timeline, commonly referred to as the 60-day rule. In this article, we’ll delve into what this rule entails, the importance of timely disclosures, and what happens if you miss the deadline.

What Are Financial Disclosures?

Financial disclosures are essential documents that provide a comprehensive overview of your financial situation during a divorce. This includes an Income and Expense Declaration and a Schedule of Assets and Debts. These disclosures allow both parties to understand each other’s financial standing, which is vital for decisions related to child support, spousal support, and property division.

The 60-Day Rule Explained

According to California law, once you file for divorce or respond to a divorce petition, you have 60 days to complete and serve your financial disclosures. Specifically, this means submitting your Income and Expense Declaration and Schedule of Assets and Debts. However, it’s important to note that while this is a rule, the courts are not actively tracking these deadlines.

Who Monitors the 60-Day Deadline?

The responsibility of monitoring this deadline primarily falls on the parties involved and their attorneys. In essence, the only individuals who may raise concerns about missed deadlines are the other party or their legal representative. The court does not send reminders or warnings about the 60-day timeframe.

Consequences of Missing the Deadline

People often worry that failing to complete their financial disclosures within the 60-day period will lead to negative consequences, such as the closure of their case or receiving a stern letter from the court. While it is technically possible to face issues, many cases have continued beyond the 60-day mark without significant repercussions. In fact, we have clients who have provided their disclosures well after the deadline without facing any adverse outcomes.

What Happens If You Miss the Deadline?

If you find yourself unable to meet the 60-day requirement, it’s essential to communicate with the other party. Letting them know about your situation can help mitigate any potential issues. However, the reality is that unless the other party complains or files a motion to compel financial disclosures, there is little to worry about.

Why Timeliness Matters

While it might not seem critical to meet the 60-day deadline, there are reasons to prioritize timely financial disclosures. Completing these documents promptly can facilitate smoother negotiations and expedite the divorce process. It allows both parties to have a clear understanding of the financial landscape, which can help in reaching amicable agreements.

Key Components of Financial Disclosures

To comply with the financial disclosure requirements, you need to complete the following forms:

  • Income and Expense Declaration: This form outlines your income sources, employment details, monthly expenses, and any other financial obligations.
  • Schedule of Assets and Debts: This document lists all assets and debts, providing a snapshot of your financial situation. It includes real estate, vehicles, bank accounts, investments, and any outstanding debts.

Filing and Serving Financial Disclosures

After completing your financial disclosures, you must serve them to the other party. It’s important to note that these documents are not filed with the court; instead, you will file a “Declaration Regarding Service of Declaration of Disclosure” to confirm that you have met your obligation to share this information.

What If You Don’t Have All the Information?

If you’re missing certain information when the 60-day deadline approaches, it’s still essential to file your disclosures to the best of your ability. You can update these documents later if necessary. The key is to make a good faith effort to provide accurate and complete information.

The Importance of Honesty in Financial Disclosures

When filling out financial disclosures, honesty is paramount. Misrepresentation or concealment of assets can lead to severe penalties, including financial sanctions and loss of claims to certain assets. California law mandates that both parties act in good faith, and failing to do so can result in legal consequences.

Seeking Help with Financial Disclosures

Completing financial disclosures can be daunting, especially during a tumultuous time like a divorce. If you’re feeling overwhelmed, consider seeking help from a qualified divorce paralegal or attorney. They can guide you through the process, ensuring that you meet all requirements and deadlines.

Our Services

At Divorce661, we specialize in helping individuals navigate the complexities of divorce in California. Our team can assist you with your financial disclosures and ensure that you meet all necessary deadlines. We are committed to providing you with the support you need during this challenging time.

Conclusion

Understanding the 60-day rule for financial disclosures in California divorce is crucial for anyone going through this process. While the courts may not actively monitor these deadlines, the responsibility lies with you and the other party. Timely and honest financial disclosures can lead to a smoother divorce process and help avoid potential complications down the road. Remember, if you find yourself struggling with the paperwork, don’t hesitate to reach out for professional assistance.

If you have questions or need help with your divorce case, please contact us at Divorce661. We’re here to help you through every step of the process.

 

How We Helped a Client Finalize Her Divorce in Just 3 Days | Los Angeles Divorce

Posted by Tim Blankenship on

 

How We Helped a Client Finalize Her Divorce in Just 3 Days

Hey there! Tim Blankenship here from Divorce661. Today, I want to share an inspiring story about one of our clients who came to us after struggling with her divorce for three long years. With our help, she wrapped up her California divorce in just three days. Let’s dive into how we made this happen and why choosing a professional service can be a game changer in the divorce process.

The Client’s Journey

Our client reached out to us in a state of frustration. She had tried to navigate her divorce on her own after working with an attorney for years, but she just couldn’t get it done. As the year was coming to an end, she felt an urgent need to finalize her divorce. She said to me, “Tim, I’m just done. I need to get this done before the end of the year.”

After hearing her story, we immediately got to work. She mailed us all her paperwork, and I personally went through her entire case. It was crucial to perform a thorough judgment review to identify and correct any errors that had been holding her back.

Fixing the Errors

During the review, I found multiple mistakes that needed fixing. Every little detail mattered, and we were determined to clean it up. We prepared an entirely new judgment and made sure to get all the necessary signatures. This meticulous attention to detail is what sets us apart.

Once we had everything in order, we submitted her case to the court. Just three days later, we received great news—her case was approved! It took less than three weeks for the court to process and finalize everything on their end. It was a huge relief for our client, who was ecstatic to finally have her divorce completed.

Key Takeaways from This Experience

This case highlights a few important lessons about the divorce process:

  • Use Professional Services: Engaging a professional service can save you time and stress. Our expertise allowed us to identify and correct errors that the client had overlooked.
  • Attention to Detail Matters: Small mistakes can lead to significant delays. Our thorough review process ensured that everything was accurate before submission.
  • Communication is Key: We maintained open lines of communication with the court clerks. By clarifying misunderstandings, we were able to expedite the approval process.

Our Full-Service Divorce Assistance

At Divorce661, we pride ourselves on offering a full-service paralegal firm specializing in California divorce cases. We assist clients throughout the state by handling all aspects of the divorce process. Here’s a quick overview of what we can do for you:

  • Marital Settlement Agreement: We draft and prepare all necessary agreements to ensure a fair settlement.
  • Child Custody Orders: We help establish custody arrangements that work for your family.
  • Child Support Orders: Using our dissomaster software, we calculate child support figures accurately, following the same methods used by the courts.
  • Spousal Support Orders: We can assist in determining spousal support based on your unique circumstances.
  • Property Division Orders: We ensure that all assets are divided equitably.

Why Choose Us?

With a starting fee of just $699, our services provide excellent value for anyone looking to navigate the divorce process efficiently. We work directly with your court and handle all the paperwork, ensuring that you can focus on moving forward with your life.

We understand that divorce can be an emotional and overwhelming experience. That’s why our team is dedicated to providing compassionate, professional support throughout the process. We want to ensure that you feel supported every step of the way.

Free Resources Available

In addition to our paid services, we offer several free resources to help you through your divorce journey:

Contact Us Today!

If you’re feeling overwhelmed by the divorce process or have questions about how we can help, don’t hesitate to reach out. Call us for a free phone consultation at 661-281-0266. We’re here to help you navigate your divorce case anywhere in California.

Remember, choosing the right support can make all the difference. Let us help you get your divorce resolved quickly and efficiently, just like we did for our recent client.

Thanks for reading, and I look forward to helping you with your divorce journey!

 

Understanding Amending a Divorce Petition in California | California Divorce

Posted by Tim Blankenship on

 

Understanding Amending a Divorce Petition in California

Divorce proceedings can be complex, and navigating the legal landscape can feel overwhelming. One aspect that often confuses individuals is the process of amending a divorce petition. In California, understanding how to amend a petition can significantly impact the course of your divorce. This post will delve into the implications of amending a divorce petition, particularly when a default has been entered, and how it can reset the process.

The Basics of Amending a Divorce Petition

When you file for divorce in California, you submit a petition outlining your intentions and requests. If the other party does not respond, you may file a Request to Enter Default, which essentially means that the court recognizes the other party’s failure to respond. However, if you decide to amend your petition after a default has been entered, it can change the dynamics of your case.

Let’s break down what happens when you amend your divorce petition:

  • Removal of Default: Filing an amended petition will effectively remove the default from your case. This means that the other party can now respond to the amended petition.
  • Restarting the Process: By amending your petition, you essentially restart the divorce process, allowing the other party a new opportunity to respond within the typical 30-day timeframe.
  • Potential for Agreement: Amending the petition can facilitate a shift from a contested divorce to an uncontested one, especially if both parties now agree on certain terms.

Why Would You Amend Your Divorce Petition?

There are several scenarios in which you might find it necessary or beneficial to amend your divorce petition:

  • Change in Circumstances: If you have new information or if circumstances have changed since you filed your original petition, amending it allows you to reflect those updates accurately.
  • Desire for Uncontested Divorce: If initially, the other party did not respond, but now there is a willingness to negotiate or settle amicably, amending the petition can open the door for this possibility.
  • Correcting Mistakes: If there were errors in the original petition—such as incorrect dates or details—amending it is a way to correct those issues and ensure accuracy moving forward.

How to Amend Your Petition

The process of amending a divorce petition in California involves a few straightforward steps. Here’s what you need to do:

  1. Prepare the Amended Petition: Draft a new version of your petition that includes all necessary changes. Be sure to address any issues that prompted the amendment.
  2. File the Amended Petition: Submit the amended petition to the court where your divorce case is being processed. This must be done formally, usually with the court clerk.
  3. Serve the Other Party: After filing, you must serve the amended petition on the other party. This is crucial, as they need to be aware of the changes and have the opportunity to respond.
  4. Wait for the Response: Once served, the other party has the standard 30 days to respond to the amended petition, similar to the initial filing.

Common Misconceptions About Amending Petitions

Many people have misconceptions about the implications of amending a divorce petition, especially regarding defaults. Let’s clarify a few points:

  • Amending Does Not Require a Hearing: Unlike some legal actions, amending a petition is generally a straightforward process and does not typically require a court hearing unless specific circumstances demand it.
  • Defaults Are Not Permanent: If a default has been entered, it can be set aside through the amendment process, which is a significant shift from the past where the other party had to file a request to set aside the default.
  • It’s Not Just for Contested Cases: Amending a petition isn’t limited to contested cases. Even in amicable situations where both parties agree, an amendment can facilitate a smoother process.

Real-Life Scenarios: The Importance of Amending a Petition

To illustrate the importance of amending a divorce petition, consider the following scenarios:

Scenario 1: Jane filed for divorce and the other party did not respond, leading to a default. However, after some time, the other party expressed a desire to negotiate terms. By amending the petition and serving it again, Jane was able to transition her case from a default divorce to an amicable agreement.

Scenario 2: John initially filed his petition but later realized he made an error regarding the date of separation. By filing an amended petition, he corrected this error and ensured that all information presented in court was accurate.

Consulting with a Professional

While the process of amending a petition may seem straightforward, it’s always wise to consult with a qualified attorney. They can help ensure that your amended petition meets all legal requirements and that you are aware of any potential implications. A professional can also assist in navigating any complexities that may arise during your divorce proceedings.

At Divorce661, we understand the intricacies of California divorce laws and are here to guide you through the process. If you’re considering amending your divorce petition or have any questions about your case, don’t hesitate to reach out to us. We specialize in California divorce and can provide the support you need to move forward.

Contact Us

If you are looking for assistance with your divorce case, we are here to help. Our team at Divorce661 is dedicated to providing comprehensive legal support throughout your divorce journey. Feel free to reach out to us at 661-281-0266 for a consultation.

 

How to Establish Paternity During California Divorce | California Divorce

Posted by Tim Blankenship on

 

How to Establish Paternity During California Divorce

When navigating the complexities of divorce, especially in California, establishing paternity can often be overlooked. This is particularly true for couples who had children before getting married. Understanding how to legally establish paternity is essential for ensuring that both parents have rights and responsibilities towards their children. This blog will guide you through the process of establishing paternity during a California divorce, ensuring that you don’t miss any critical steps.

Why Establish Paternity?

Establishing paternity is crucial for numerous reasons, particularly in legal contexts. Here are some key reasons why it is important:

  • Legal Rights: Establishing paternity grants both parents legal rights concerning custody and visitation, ensuring that both parents have a say in their child’s upbringing.
  • Financial Responsibilities: It also enforces financial obligations, making sure that the non-custodial parent contributes to child support.
  • Access to Benefits: Children benefit from having both parents legally recognized, which allows access to insurance, inheritance, and social security benefits.
  • Emotional Connection: Establishing paternity fosters a stronger emotional bond between the child and both parents.

Understanding Paternity in California

In California, paternity can be established in various ways. The law presumes that children born to married couples are the biological children of both parents. However, if the child is born out of wedlock, additional steps are required to establish paternity legally.

Paternity Presumption

California law generally presumes paternity in the following situations:

  • The child is born to a married couple.
  • The child is born during a domestic partnership.
  • The non-birthing parent has lived with the child and assumed a parental role.

If none of these situations apply, paternity must be established through legal means.

Establishing Paternity During Divorce

For those going through a divorce and having children born before the marriage, establishing paternity can be done through the divorce process itself. Here’s how:

Filing the Divorce Petition

When filing for divorce in California, you will need to fill out a Petition for Dissolution of Marriage (Form FL-100). This form requires you to provide various statistical facts, including:

  • Date of marriage
  • Date of separation
  • Legal and physical custody arrangements

One crucial aspect that many people overlook is checking the box for paternity on page two of the petition, specifically box 7(d). This box confirms the determination of parentage for any children born to the petitioner and respondent before the marriage.

The Importance of Checking Box 7(d)

It may seem insignificant, but failing to check this box can lead to significant complications. If you do not check box 7(d) and serve the petition, the court may reject your entire case. This means you would have to refile an amended petition, which can delay the divorce process considerably and add unnecessary stress. So, it’s essential to ensure that this box is checked if you have a child born before marriage.

What if Paternity is Contested?

In cases where there is a dispute regarding who the father is, the process becomes more complicated. Here’s how to navigate this situation:

Legal Action for Paternity

If there is a contest regarding paternity, the court may require a legal proceeding to establish paternity. This could involve:

  • DNA Testing: The court can order genetic testing to determine the biological father.
  • Voluntary Declaration: If both parents agree, they can sign a Voluntary Declaration of Paternity, which establishes the father’s legal rights and responsibilities.

Challenges in Establishing Paternity

Contesting paternity can lead to lengthy legal battles. If one parent refuses to cooperate, it may require additional legal steps to enforce paternity testing or declarations. This is why having a competent family law attorney is crucial for navigating these waters.

What Happens After Paternity is Established?

Once paternity is established, several important legal matters can be addressed:

Custody and Visitation Rights

With established paternity, both parents can seek custody and visitation rights. The court will consider the best interests of the child when making these determinations.

Child Support Obligations

Establishing paternity also allows the custodial parent to seek child support from the non-custodial parent. This ensures that both parents contribute to the financial well-being of their child.

Legal Documentation

Once paternity is established, the father’s name can be added to the child’s birth certificate if it wasn’t there initially. This legal acknowledgment is important for many reasons, including inheritance rights and access to benefits.

FAQs About Establishing Paternity in California

Q: What if the father’s name is not on the birth certificate?

A: If the father is not on the birth certificate, it does not negate his rights, but establishing paternity is essential to ensure legal recognition.

Q: Can paternity be contested after it has been established?

A: Yes, paternity can be contested, but it often requires legal action to prove otherwise.

Q: Is there a deadline for establishing paternity in California?

A: There is no strict deadline, but it is advisable to establish paternity as soon as possible to avoid complications.

Q: How can I establish paternity if the mother is uncooperative?

A: In such cases, seeking legal assistance is crucial. The court can order genetic testing, which may compel cooperation.

Conclusion

Establishing paternity during a California divorce is a vital step that should not be overlooked. By understanding the importance of paternity and the process involved, you can ensure that your rights and responsibilities as a parent are legally recognized. Always remember to check the necessary boxes on your divorce petition and consult with an attorney if you encounter any complications. Paternity is not just a legal formality; it’s a crucial aspect of your child’s future and your role as a parent.

If you have any questions or need assistance with establishing paternity during your divorce, please feel free to contact us.

 

Finding Your California Divorce Case Number: A Step-by-Step Guide | California Divorce

Posted by Tim Blankenship on

 

Finding Your California Divorce Case Number: A Step-by-Step Guide

When navigating the complexities of a divorce in California, knowing how to find your case number is crucial. The case number serves as your unique identifier in the legal system, allowing you to track the progress of your case and access important documents. In this guide, we’ll break down the steps to locate your California divorce case number, ensuring you have the information you need at your fingertips.

Understanding the Importance of Your Case Number

Your divorce case number is more than just a string of digits; it’s your key to accessing court documents, hearing schedules, and other vital information related to your case. Without this number, you’ll find it challenging to check the status of your divorce or retrieve necessary documents. In California, the court system requires you to have your case number to look up your case summary online.

Step 1: Visiting Your County Court Website

The first step in finding your California divorce case number is to visit your local county court’s website. Each county has its own court system, and the information you need will be located on their site.

  • Look for a section labeled “Self-Help Services” or “Online Services.”
  • Click on the link that says “Case Summary.”

Once you’re on the case summary page, you’ll need to enter your case number to access details about your divorce proceedings. Keep in mind that you cannot search by name; the case number is essential for this process.

Step 2: What to Do If You Don’t Have Your Case Number

If you don’t have your case number handy, don’t panic! There are alternative methods to retrieve it. The most reliable way is to visit the courthouse where you filed your divorce. Here’s how you can do it:

  • Go to the courthouse in person. If you’re unsure of which courthouse that is, you can visit any branch court in your county.
  • Request assistance from the court clerk. Provide them with your name, date of birth, and a form of identification, such as your driver’s license.
  • The clerk will search the system for your case number based on the information you provide.

While this process may take some time, it’s an effective way to retrieve your case number if you cannot find it online.

Step 3: Utilizing Public Computers in the Courthouse

In some counties, like Los Angeles County, there are public computers available in the courthouse. These computers can be used to search for your case by name, which is particularly helpful if you’re unable to find your case number through online means. Here’s how to make the most of this resource:

  • Locate the designated public computer area within the courthouse.
  • Use the computer to search for your case by entering your name and other relevant details.
  • Once you find your case, make a note of the case number for future reference.

Why You Need to Keep Your Case Number Handy

Your divorce case number is essential for various reasons:

  • It allows you to check the status of your divorce proceedings online.
  • You can access important documents related to your case, such as filings, responses, and orders.
  • It helps you stay informed about upcoming hearings and deadlines.

Having your case number readily available can save you time and stress, especially when you need to communicate with your attorney or the court.

Final Thoughts

Finding your California divorce case number may seem daunting at first, but by following these steps, you can easily access this vital piece of information. Remember, your case number is the key to navigating the divorce process efficiently. If you need further assistance or have questions about your divorce, don’t hesitate to reach out for help.

My name is Tim Blankenship, and I’m here to guide you through your divorce journey. If you would like assistance or have questions, feel free to give me a call at 661-286-7XXX.