Lot’s Of Santa Clarita Divorce Cases With Young Children Lately

Posted by Tim Blankenship on

We handle a lot of divorce cases in Santa Clarita and we pretty much see everything you could think of.  Lately, however, we have been getting an few divorce cases with very young children.

Two divorce cases this week were with children only 2 months old.  The youngest, I guess, would have been a divorce case where the mom was pregnant.

It is probably just a coincidence that these two cases came into our offices the same week.  But it was enough for me to take notice and the time to write this article.

When it comes to divorce, there is no right or wrong time I guess.  In both cases, the parties had talked and decided it was best if they divorced now.  What else were they supposed to do?  Stay married for the kids for 18 years?

In an earlier article this week, we discussed whether families should stay together or not for the kids. It just depends on the circumstances of what the right choice is.

When people come to our Santa Clarita divorce offices, we don’t usually get into the what or why people are getting divorced, especially when both are here in our office.  I am sure they know and we certainly don’t need to know.

Don’t want to open that can of worms in our office, or we wont get anything done.

Regardless of the timing or your divorce, it will never be a perfect time.  Sometimes it is just best to move on.  The hardest part is admitting it is over and taking the first step to calling our office and coming in to get the divorce process started.

If you are looking for an affordable way to get divorced, we can certainly help you.  Our office is located at 27240 Turnberry Lane, Ste. 200 Valencia, CA 91355.  We can be reached at 661-281-0266 and work by appointment only.  Feel free to give us a call to set up your appointment.

 

We Have Answered Every Question About California Divorce

Posted by Tim Blankenship on

I think we have answered just about every questions there is about divorce in California!  No, probably not possible, but we have written over 1000 articles about divorce thus far!

And we just keep on writing about California divorce, hoping to eventually hit every question you might have about divorce.

It is actually quite simple.  Ask us a question on the phone or via email and if we have not discussed that topic on our blogs, we will write about it. Even if it is a question we have wrote about, but has a slightly different twist to it, we will write about it again and explain the differences.

That is what is great about our blog.  There is so much information on it that it would blow your mind.  Between the articles we have written, the podcasts, the radio broadcasts and the videos we have recorded, you find out just about anything you need to know.

And if you could not find it, just call us.  We would be happy to answer. And then write about it if we hadn’t.

Whey do we do this?  For starters, because nobody else is.  It seems that lawyers, attorneys and the legal profession in mass want to keep you reliant on them.  The other reason is because by placing this information out there for our potential clients to read, well, brings us clients.

It’s not brain surgery.

But people always comment, “Tim, why do you tell everyone how to file for divorce and do their own divorce, etc., aren’t you shooting yourself in the foot”.

The answer is no.  There are those people that find our blogs, videos and podcasts and using those resources attempt to complete their divorce on their own.  These folks would have never used our services to begin with.  And I am glad that folks were able to use our resources to do so.

We are both providing a service by writing all these articles and it is also a marketing strategy we use.

It is simple.  People are looking for answers about divorce in California. They find us online with the answers. Then they call for our service.

We are a licensed and bonded legal document preparation service that specializes in divorce in California.  We are headquartered in Los Angeles County and can help you anywhere in California with your divorce.

Should I Do My Own Santa Clarita Divorce?

Posted by Tim Blankenship on

It is possible to do your own divorce, but should you?  A fair question, and one just asked of me on the phone so I thought I would tell you what I told this caller.

I told him that technically, it is possible to do your own divorce.  I also said that “doing” and “successfully completing”  your divorce are two different things.

As self serving as this answer is, we don’t recommend you do your own divorce for several reasons.

First off, lets admit it.  This is your first time… And if it is not, it has probably been a while.  What I am trying to say is that your are not in the business of filing out divorce paperwork and the paperwork is very confusing.

Even if you think you have figured out how to file the forms properly, I can pretty much guarantee you will make a mistake.  I have met some of the brightest people who have struggled trying to complete their own divorce and failed.

Secondly, even if you can figure out the divorce forms, you still have to figure out the process.  For instance, what forms need to be filed?  Which forms need to be served?  Which divorce forms have to be personally served and which ones can you mail?  Who can serve divorce papers?  Do you file then serve or vise versa? These were just a few of the things that came to the top of my mind and are the most basic.

I can give you all sorts of reason why you should not do your own divorce.  But, it is a choice you will have to make.

Here is as simple rule…  If you are not working and have plenty of time to go down to the courthouse at least 10 times to the self help center and spend all day there, each day, then go for it and do your own divorce.

But if are working and don’t have the time and have a few extra bucks, have us complete your divorce for you.  It is that simple of a decision.

Seriously, you don’t want to go through the divorce process on your own.

 

 

Filing For Divorce During The Holidays In Santa Clarita

Posted by Tim Blankenship on

Every year in this business it seems that folks in Santa Clarita who are considering filing for divorce may be deciding to hold off until the holidays are over.

As we slip into the latter part of October, I can definitely feel there is less people ready to move forward and start their divorce.  The volume of people calling is still in a normal range, but those ready to pull the trigger is definitely less.

When I worked for a family law divorce attorney here in Santa Clarita, we experienced the same thing.  I think it is just the nature of the business.

People still are filing for divorce, of course, but it is just not in record numbers as it is in the beginning of each year.  Some in the divorce industry say that January is the busiest time of year for divorce and others say that after Valentines day has passed, is when divorce season really kicks in.  The dates are pretty close together, so it may be a combination of both.

I’m sure there are reasons why people hold off from filing during the holidays.  I suppose it could be because they don’t want to ruin the holidays for their children.  Or it could be that they don’t have the money to file for divorce because they are spending it all on Christmas.

One thing for sure, all that goes away come January each and every year.

It seems once the festivities are over, the hangovers have gone away and the new years resolutions have already been foiled, that people file for divorce in droves.

Last year in 2012 it also slowed down.  I knew going into this year the same would probably happen, but hoped for the best.  I will spend the remainder of this year, gearing up for next year when things will literally explode in January and into February.

If you are considering filing for divorce in Santa Clarita and the holidays are causing you to hold off, I would be interested in you commenting below and letting me know what your reasons for holding off are.

We are a licensed and bonded legal document preparation service that specializes in divorce.  We are headquartered in Santa Clarita, CA and can help you anywhere in California with your divorce.

California Divorce | True Default vs. Default Divorce With Agreement

Posted by Tim Blankenship on

There is still some confusion on the best way to prepare your California divorce.  We will discuss the pro’s and con’s of the “True Default” vs. “Default With Agreement” divorce cases when filing your Amicable California Divorce.

If you are going through an amicable divorce in California, there may be a good reason to not file a Response to your California Divorce .

What Happens If You Don’t Respond To Divorce Summons & Petition?

First, lets discuss what happens when you don’t respond in a California Divorce.  Per the summons, it says you have 30 days to respond after being served the divorce papers.  It further states that if you do not respond, the Court and the other party can make decision about the divorce without you.

But What If You Are In Agreement?

But what if you are working on an amicable divorce and you are mostly in agreement.  Is there any reason you need to file a Response which will cause you to have to pay the Response fee and double the cost of your divorce?

We say that if you are working on an amicable divorce in California you do not need to file a Response and can choose to do either a “True Default” or “Default With Agreement” style divorce.

What Is A True Default Divorce?

A True Default divorce is where one party files and served the other.  Then the other party does absolutely nothing.  They don’t respond and they don’t participate at all.  There are pro’s and Con’s to this.

Pro’s to True Default Divorce:

  1. Useful when the other party does not respond
  2. Easy way to conclude case if no property, no kids, and short term marriage.
  3. Can use “strategic default” meaning we purposely default the other party even if they planned to cooperate.

Con’s To True Default Divorce:

  1. Community property must be evenly divided (even is it is an unfair division)
  2. Must file property declaration which become public record
  3. Defaults are scrutinized by the Court
  4. May require a default hearing (you might have to go to court)

What Is A Default With Agreement Case?

A default with agreement divorce cased is still a default.  It is different than the True Default in that the other party is going to participate. They are not going to Respond, but they are going to do all the paperwork (as if they Responded) and enter into a written agreement with you.

Pro’s To Default With Agreement Case:

  1. Easy to get approved because Court knows both parties were involved.
  2. No public record of property.
  3. No filing free necessary from Respondent.
  4. You will enter into a written agreement.
  5. Not necessary to have equal division of property.

Which Way Should You Go?

Each divorce case is different, but I would say if you can get your spouse to enter into a written agreement, it is better.  If you have children or property, you may want to try for the default with agreement and use the True Default as a last resort.  Why not, if it does not cost anymore to do it.

The true default might be better if you know your spouse will not be involved and not sign anything.  You can have them served and them they are no longer needed.

If you don’t have any property, no children and a short term marriage, you may choose to file the true default from the get-go.

Again, your specific circumstances will dictate the best way to go.

If you have any questions about the California divorce process, please give us a call.  We specialize in California divorce and can help you determine if filing a True Default or a Default With Agreement might be the best way to go. We serve all of California.

Should I Respond To California Divorce If We Are Amicable?

Posted by Tim Blankenship on

The question we are answering today is “Should I Respond To California Divorce If We Are Amicable?“.  I am going to make suggestions on when you should file a Response in your California divorce case and when it would probably be okay to not file a Response.

Please keep in mind that we are talking about amicable divorce cases in California where you and your spouse are working together to complete your case.  If your case is contested or you have an attorney, you will most likely be filing a Response.

I am writing  this article because it is not always necessary to file a Response to your California divorce if your divorce case is amicable.

Today I received a call from a potential new client who stated that she was served by her spouse and she had read the divorce Summons and had to file a Response by Wednesday, which was in 3 days.

The very first question I asked her was if her divorce was amicable.  She stated that it was amicable and that they were just trying to get through the divorce.

When your California divorce is amicable, you can still get through the divorce process without filing a response.  In fact, the majority of California divorce cases that we file and complete are done so without a Response being filed.

So what I told her is that she should have her husband call me so we can all be on the same page.  What I suggested is that they have our company prepare all the divorce paperwork so they can get through their divorce fast and easy.

Most people in my position would have used the threat of default (after 30 days of no response) to scare them into filing a response so they could collect a fee for preparing their divorce case.

If your California divorce is amicable, you have two ways you can file your divorce.  The first would be what is called a “True Default California Divorce” and the other is called a “Hybrid or Default California With Agreement“.  Both have their advantages and disadvantages depending on your circumstances.  Feel free to call me and I will let you know the best way depending on what is going on in your case.  It basically comes down to the amount of property you have.

We are a licensed and bonded legal document preparation firm that specializes in divorce in California. We are headquartered in Santa Clarita, CA and serve all the Courts in California.

Give us a call, we would be happy to help.

California Divorce Videos | We Explain Divorce In California

Posted by Tim Blankenship on

Now with over 200 videos about the California divorce process, we have become a go-to source for information.  Everyday we have new clients calling us because they have watched one of our videos about California divorce.

Not everyone searches YouTube directly for videos, so we wanted to write this article just so people are aware that we recorded hundreds of videos on the California divorce process because sometimes is jus makes more sense to be able to listen to a video than read one of our divorce blogs.

You can click on the divorce video navigation tab above or click this Link To Our California Divorce Videos .  You can also jump on over to our YouTube Channel Here is you would prefer to watch them there.  The benefit to being on our YouTube channel is that you can search our channel for specific videos to answer the questions you have.

We recently had one of our client whose California divorce was finalized leave us a nice review.  They even commented on the fact that she appreciated how much information we put out there for free with our California divorce videos.

She commented on the review that we had so much information on our videos that one could complete their entire divorce on their own simply by watching our divorce videos.

While this is true, it would take you some considerable time, but you absolutely could do it.

So if you prefer to watch videos rather than read our blogs,  we have you covered.  We also have recorded podcasts and have a radio show about California divorce which you can find on our “On The Air” tab above.

No matter how you like to get your information, we have a resource for you.

We specialize in divorce and can help you anywhere in California.  If you are just getting information now, that is great. Make sure to sign up for our newsletter where we send you information, tips and helpful advice about divorce in California. You can always call us for a free phone consultation as well.

Here is the sign up form.

LegalZoom Placing Divorce Vending Machines In California Courthouses

Posted by Tim Blankenship on

I just read that LegalZoom is planning on placing vending machines inside California Courthouses.  It appears that soon you will be able to pick up a video at Redbox and then prepare your divorce papers at the machine next to it.

I have to admit, I had to read the article twice.  I actually came across the article in a divorce forum I am part of on LinkedIn.  It even says that they are already in production on the machines!

It appears that the machines will not only help in divorce cases, but like their online service, will apparently draft all sorts of legal documents.

If you have read any of my articles that I have written about LegalZoom’s  service you know that there is much to be desired.

I think this article said it best.  They quoted a Court employee as stating who said, “He would definitely use LegalZoom if he had a case he didn’t care about or wanted to purposely sabotage”.

The spokesman they spoke to at LegalZoom even commented that the documents the machines produce will not be perfect and you may get a wrong form or form incorrectly completed.

We have steered clear of providing an online automated document assembly service, which is what these companies are.  How can you produce a quality legal document by a computer?

I had a client use LegalZoom and accidentally hit the submit button on his computer when he was not done.  Several days later, he received his “prepared” divorce documents in the mail.  They were completely blank except for his name and address (which is the only part he had completed).

Do you want this type of service when you are going through a divorce.  It is obvious that nobody every looks at your divorce documents to see if they are correct, or even filled out for that matter.

If you are looking for a professional, affordable, Full Service divorce company to handle your divorce, make sure to give us a call.

The funny thing is that at the end of the day our full service divorce process will actually cost you less in the end.

Just Found Out My California Divorce Was Never Finalized

Posted by Tim Blankenship on

It is happening way to often where people are calling me for help after finding out that their California divorce was never finalized.  Usually this is after a significant period of time.

Yesterdays caller told me it had been 10 years since they filed for divorce.  The oldest case I had to help someone finish up had been filed 18 years ago.  In the worst situations, some people had already remarried!

So why is this happening so much?  It boils down to clients attempting to complete their divorce case on their own.  In all these cases, the parties were attempting to do their own divorce and represent themselves having no idea how the divorce process works.  In all these cases, there was nobody to blame but themselves.

So how can you tell when your divorce is totally over?  It is when you get a final judgment in your divorce case which handles all issues of your divorce and is signed by the judge.  The form will say “Judgment” and you will receive a “Notice of Entry of Judgment” that lets you know that the divorce judgment has been entered.

Until you receive these documents, your California divorce is not finalized.

Lets say you go to Court for a hearing about custody or spousal support or something like that and the Judge makes orders at the hearing.  This is not your final judgment.  These are just temporary orders until final judgment is entered.

I had this happen just the other day.  A client of ours went to a hearing where his wife was requesting spousal support.  At the end of the hearing, he called me to say everything was settled.  I asked him what did he mean?  He said he went to court and the Judge made orders and they were done.

I had to inform him that these were just temporary orders and that he still had to complete the majority of the divorce process.  All that had been done was that he filed and his wife responded and they had a hearing on spousal support.

They had not completed their financial disclosures or completed their final divorce judgment.

Just remember that your California divorce is not final until judgment is entered and your receive it back from the court signed by the Judge.

If you find yourself reading this article and have realized that your California divorce is not finalized we can help.  Make sure to locate your case number and give us a call.  We can look up your case summary and see what has been filed and what is left to do complete your California divorce.

We are a licensed and bonded legal document preparation firm that specializes in California divorce. We can help you finalize your California divorce. Call us today or download the free report of the top 10 reasons your divorce was not finalized.

 

Don’t Plan Wedding Until California Divorce Finalized

Posted by Tim Blankenship on

I have two current clients that have planned their next wedding and their California divorce is not finalized yet.  If the issues of this are not obvious enough, I will discuss in detail why this is not a good idea.

But first, lets talk a little bit about why they ended up in this predicament.  Both of these clients had long been separated from their current spouses.  They just never got around to going through the divorce process and making their divorce official.

They both met new people, started dating which lead to getting engaged.  They both even set a wedding date.

Now they have to get their divorce completed and in a hurry. The problems this causes are many, and we wanted to address a few of them.

The first problem is that you cannot predict when your divorce will be finalized.  Everyone thinks that divorce takes 6 months when in fact  the 6 month figure is the SOONEST your divorce can be finalized.  It does not mean that your divorce will be finalized.  And if you live in California it is pretty much guaranteed that your divorce will take much longer than 6 months.

This is due to the layoffs and Court closures in California.  The Courts are severely impacted with tons of divorce cases and they just can’t get through them fast enough.

We are seeing divorce cases in Los Angeles County routinely take 8 to 10 months to complete.  And we are talking about 8 to 10 months from the time the final judgment or stipulation is filed with the court.

Okay, so we know the courts are slow.  So unless your wedding date is 2 years out, I would just not do it.

Make it a priority to get your existing marriage ended by filing for divorce right away so you don’t have to worry about these issues.  One of my clients I have has a wedding date in 3 weeks and the judgment has still not been signed off by the court and there is nothing you can do to speed up the process.  They are worried about hoping their divorce gets finalized and not on the their wedding.

Here is another issue.  Sometimes you will be required to prove that you are not married or if you were married have to prove that you are divorced by providing a court approved divorce judgment or decree.  They will not issue a marriage license in some cases, until you provide this proof.

One of my clients has told me that the church he wished to get married in will not even schedule their wedding until they their prior marriage is over.

So what is the moral of this story.  If you are one of those folks that has long been separated from your spouse and never finalized it, you should really consider getting it done.

And if you are  dating someone else, you better really make getting your divorce finalized a priority before things get serious.  You won’t want to find yourself in the same shoes as my current clients.

We are a licensed and bonded legal document preparation service that specializes in California divorce.  We are headquartered in Los Angeles, CA and can help you with your divorce anywhere in California.