Started My Divorce And Now Need Help | Santa Clarita Divorce

Posted by Tim Blankenship on

If you started your own divorce and now need help, you are not alone.  Many people are convinced that they can complete the divorce process on their own.

While there are people that get through the divorce process on their own, they did not do it without facing many problems along the way.  How do I know this?  Because I have lots of people who call me who started their divorce and later found that it was not as easy a process as they thought it was going to be.

People who start their own divorce generally feel that their divorce is pretty cut and dry because they either have an agreement on the terms of the divorce or because they figure it is just a matter of filing out a bunch of forms.

While it is true that the divorce process is just filing out a bunch of forms, a large percentage of people who take on the divorce process on their own are not able to succesfully complete the divorce process without some outside assistance.

That is where we come in.  If you have started your divorce and realize that you are not going to complete it on your own, there is help.  Maybe you got in over your head and the paperwork got confusing or perhaps you got through all the paperwork, only to submit you final judgment paperwork and have it rejected by the court.  What’s worse, is that your case was rejected for forms you completed several months ago in which the clerk stamped, but did not say there was anything wrong with them.  Frustrating to say the least.

We can assist you with your div0rce regardless of where you are at in the process.  We get lots of cases every week which are at different points in the divorce process.  Some have just filed and others did all the paperwork,  but later found they had wasted their time becuase it was all incorrect.

If you need assistance, please give us a call.   We would be happy to take a look at your divorce paperwork and complete a quick review to see where you went wrong. Often, we find that the very first documents completed were wrong and need to start from the begining.  Sometimes we find that the other party was never served.  Rest assured, we will get to the bottom of it and make sure your divorce case is completed.

We are a divorce document prepa

How To Get Your Spouse To Pay Your Attorney Fees – Santa Clarita Divorce

Posted by Tim Blankenship on

Lately i have been coming across several clients who truly need to hire an attorney due to the nature of their divorce, but are unable to hire one due to lack of money.

In most cases, it has been because of lack of access to money, either because the spouse was a stay at home mom and never had access to the main accounts or because they were cut off when their spouse closed the account so they would not have any money.

So what are you to do when this happens? Sadly, divorce attorneys will not take your case if you don't have any money to retain them. Trust me, I have tried to find an attorney that would do this. They are non-existent.

What you need to do in cases like this is to ask the court to make an order that your spouse pay some of your attorneys fees to you have access to representation. There is a law that says both parties should have equal access to representation. The courts have even said that they are willing to make awards for attorney fees to clients that need them.

The problem is that how to you get a hearing for attorney fees if you can't get an attorney until you have the money?

Here is what I have done for the last couple of clients who have been in this situation. The goal is to file for divorce and complete the necessary request for order motion for attorney fees so we can get a court date set for a hearing.

We will literally prepare all the documents to get you one your way toward a court date where you can ask the judge to make an order that your spouse pay some or all of your attorney fees.

Once you have had your hearing with the judge and they have awarded attorney fees, you can then go out and hire an attorney. The nice thing about working with us is that you will not have spent a bunch on money on an attorney up to this point and no you can move on from where we left off.

If you find yourself in this position, please feel free to give us a call so we can discuss helping you obtain attorney fees so you can hire an attorney for your divorce.

 

Sole And Community Property Must Be Disposed Of In Divorce Judgment | Santa Clarita Divorce

Posted by Tim Blankenship on

This article addresses the the issue of your divorce judgment being rejected with the box marked, “All sole and community property listed in the Petition must be disposed of in the Judgment”

We will discuss how to fix your divorce judgment if it has been rejected for the this reason.  We have also completed a video on how to fix your divorce judgment is it was rejected because you did all your sole and community property that was listed on the Petition was not disposed of in the divorce judgment.

When you file your divorce Petition in California there are two areas that ask you to list your property.  The first asks you to list your separate property and the second area asks you to list your community property.  You can either list the property on the divorce Petition or use one of the allowed attachments or supplement with a property declaration where you can list all your property.

Regardless how you go about listing your property, you need to make sure that you dispose of all the property in the final divorce judgment.

The issues is this.  If you list property, whether it be an asset or debt, you are telling the court that this asset or debt exists.  If you don’t tell the court who is getting the property, then this property is just left sitting there with no owner.  If the judge were to sign this judgment, it would effectively leave this asset or debt not being assigned to either the Petitioner or Respondent.

Now this may seem like a small technicality if, say for instance, the asset was small such as a bank account with $10 in it.  But what if your forgot to assign a bank account with $10,000 in it?  Now, maybe you have an agreement with your spouse regarding who is going to keep it, but if it is not listed on the judgment when the judge signs, then technically the asset or debt does not below to anybody.

To correct this issue, all you need to do is make sure all sole and community property you listed on your divorce Petition is listed on the judgment.  If you completed a marital settlement agreement, you would simply add this to the list for whom it is going to.  If you are using the judgment attachments, you would add the property to the correct property attachment indicating who is getting the asset or debt.

We are headquartered in Santa Clarita, CA and serve all the Los Angeles Area courts.  We specialize in helping people get through the divorce process.  Give us a call for more information.

Divorce Service With A Servants Heart – Santa Clarita Divorce

Posted by Tim Blankenship on

Okay, I have to admit that i stole the line, “With a servants heart”. But even though I stole it, does not mean it isn't true.

I am sitting here at the Oil Stop in Valencia, CA and writing the blog on my Ipad while sitting in my car. I come to Oil Stop because I enjoy the professional service and attentiveness I receive.

Today, i just happened to be sitting in the bay furthest to the left and there was a computer monitor that continuously showed the same commercial about Oil Stop and had employees saying throughout “with a servants heart”.

I find it hard to explain the type and level of service you receive with our divorce document preparation service. But when i heard those words, I thought it definitely was how i viewed the level of service we provide.

I can tell you that we provide a great service, a valuable service and will provide excellent customer service. But those words are so worn out and really don't mean much anymore.

What i wanted to impart in this article is we are here to serve your needs and assist you with getting you through your divorce or other family law related matter.

As I have been here writing I have lost track of the fact that I automatically say “no” to everything they try to sell me here at Oil Stop and think I bought all the extras today. I needed it and was happy to have a professional service take care of these needs, even if i had to pay slightly more than if i went someplace else.

We are a licensed and bonded legal document preparation service that specializes in divorce. We are headquartered in Santa Clarita, CA and serve all the courts in Los Angeles Countu.

Please feel free to give us a call about any questions you may have about divorce. We promise to provide our divorce service with a servants heart

California Divorce Probability Calculator | What’s Your Chances Of Getting Divorced?

Posted by Tim Blankenship on

I am a regular Google Plus guy and spend time on this particular social media platform to communicate and connect with other people and share ideas and information.

Today I was searching to see if anybody had written any interesting articles about divorce in the last 24 hours or so.  So I was doing a hashtag search for #divorce and came upon a very interesting article written by a Pittsburgh Divorce Attorney named Lisa Marie Vari.

The article was interesting for two reasons.  First, because it mentioned “Divorce Insurance”.  I had never heard of that so wanted to learn more.  You can read the entire article about divorce insurance here.  But I was more interested in the discussion about a Divorce Probability Calculator.

So I went to check out this divorce probability calculator to see what it was all about.  This divorce calculator is not just for California.   This was just my little local search tactic.

So here is what I learned about the divorce probability calculator.  Their website says the formula was based on information gathered in face-to-face interviews with 10,847 women ages 15-44 in 1995 and 12,571 men and women aged 15-44 in 2002 and was conducted by the U.S. Department of Health and Human Services for Disease Control and Prevention.

The calculator says they are correct with only a 13% margin of error.

I thought it would be interesting to take the test and see what kind of questions they were asking.  There were approximately 20 questions.  The initial questions had to do with if you a man or woman, age, race, if you have been married before, education level, employment status and income level, etc.  Essentially establishing a base.  Then the questions asked if you drink alcohol, have arguments with your wife, had children before marriage or shortly after getting married, if your parents were divorced, history of mental illness and so on.

So I went all the way through the divorce probability calculator and it gives you a score.  But the only way to know what your score means is to enter your email address.

As you go through the divorce probability calculator, you can see, based on the questions asked, who the more likely candidates for divorce are.  If anything, it was interesting.  Not sure what the plan is of the company for asking for your email address though.  Could be a lead generation source for them i suppose.  Why else would folks be on the site?

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

We Have Answers To Your Divorce Questions – Santa Clarita Divorce

Posted by Tim Blankenship on

There is a lot to know about divorce and the divorce process in Santa Clarita. The first thing people start doing when considering a divorce is to get online and start looking for answers. Well, we have the answers to your divorce questions.

When we got into this business, we wanted to do things different. Instead of holding on to the information and expertise we have obtained about divorce and the divorce process, we thought we would share the information we learn through our blogs, video and podcasts.

Because we have been discussing what we learn about divorce in Santa Clarita everyday, there is a very good chance that if you live in Santa Clarita and are looking for answers to your divorce questions, you will have landed on one of our blogs. And we are glad you have.

If you are going to represent yourself in your own divorce and forego hiring an attorney, you need to be fully informed of how divorce works and what your options are in getting through it. What will be the challenges, how much will it cost and how long will it take are just a few examples.

What you will learn is getting an answer to one question will certainly lead you to another one. Many people spend a considerable amount of time on our blogs, reading articles and watching youtube videos. We love that people are learning about divorce by reading the stories we share about the process, procedure and issues that can come up during a divorce.

We even have a “ask us a question” on our blog that allows folks to simply type in a question they have. It asks you to leave your email so we can respond. Generally what we do is record a video email and send a personalized video to your inbox. We feel this is a personal touch and makes it easier to give a detailed answer to the question.

As a licensed and bonded legal document preparation company that specializes in divorce, our answers to your divorce questions revolve around everything except giving legal advice. We discuss procedure, how to fill out divorce forms, courts processes and just about anything else we can think of.

If you have a question about divorce, please let us know. Give us a call or shoot us an email. We would be happy to answer your divorce question.

Should You Sign Divorce Papers You Have Been Mailed – Santa Clarita Divorce

Posted by Tim Blankenship on

So there is a lot of confusing about divorce, that much we can agree on. That is why i write all these articles on divorce and record videos. It is all about getting information out there to lessen the confusion.

Today we are talking about what you should do if you are mailed divorce papers and asked to sign for them. The reason we are explaining this is because people think that if they sign papers they received, that it means that they agree. This is not true.

What we are talking about here is the very first papers filed in a divorce. These first document have to be personally served on your spouse. But there is a way that you can simply mail the forms to your spouse if they are willing to sign a document which says they received them.

But here is the problem. Spouses receive the divorce documents and think by signing anything that they are agreeing to what is contained in the divorce papers. This could not be further from the truth.

The form we are talking about here is the notice of acknowledgment of receipt. It is a form one signs to acknowledge having received the paperwork. It says nothing to the effect that by signing you agree to anything. In fact, it says right on the form that this is not a response form and if you disagree with anything in the divorce papers you were served, that you need to file a response.

Let me help drive this point home. I previously stated that these initial divorce documents normally have to be served. So if your spouse hires a process server and has someone hand deliver them to you, does that mean you agree to what is contained in the divorce papers? Of course not.

Signing the notice of acknowledgment of receipt is not different. The only reason not to sign that you received the divorce papers is to be difficult. At least that is what i tell my clients when they say their spouse won't sign indicating they received the papers.

If people would just take a few seconds to actually read the forms they will realize that what i am saying it true.

 

Does Signing The Divorce Petition Mean I Agree | Santa Clarita Divorce

Posted by Tim Blankenship on

There is a huge misunderstanding about a part of the divorce process that I want to clear up.  This is in regards to the California Divorce Petition and the requests you make.

The Petition is a form you will complete when you file for divorce.  It lets the court and the other party know what your are requesting.  Again, it simply tells the court what you are requesting.  They are not orders.

An issue we have been having is when we mail the Petition to the other party and ask them to sign a form acknowledging that they received the Petition.  Doing this helps us to avoid having to hire a process server.  When you sign the acknowledgment, it simply means that you received that divorce papers, not that you agree to the what is in the Petition or remainder of the divorce papers.

We recently mailed out some divorce papers to the respondent in a divorce case.  After the Respondent received the papers, he called the Petitioner and said he is not signing the papers because he does not agree with what the Petitioner is asking for.

So what are the options when this happens.  Well, the first thing you can do is attempt to explain it to them.  But it is unlikely that your spouse will listen to you since you are going through a divorce in the first place, but you can try.

The next thing I would try to do is have them get the answer from someone who is not involved.  Have them go to the court and ask the self help center if signing the acknowledgement of receipt means that you agree with what is in the petition.

If none of these work, then you will simply have to hire a process server to do it.  And again, just because the process server hands them paperwork does not mean they agree with what is in the petition either.

Divorce Motions, Response And Reply Tips | Santa Clarita Divorce

Posted by Tim Blankenship on

We talk a lot about how to file motions, request for orders and order to show cause filings quite a bit.  We also, of course, provide this as one of our divorce services here in Santa Clarita.

In this article, and videos below, we are going to talk about the three components of filing these types of motions along with the due dates you have to follow and how to file and serve them.  We will go into great detail about how to file the motion and how to respond to one if a motion has been filed on you.

In this video below we will talk about the due dates and how to file and serve a motion such as a request for order or order to show cause.  The first thing you will do is prepare your motion and then file it with the court.  You have to file it and get a court date before you can serve it.  Here is the rule.  You have to personally serve your motion 16 COURT days before the hearing date.  If you are going to mail it you need to add 5 calendar days.

Watch this quick video where I discuss the procedure of filing and serving a motion as well as the due dates in which to serve them.

Now that you understand the process of filing a motion and the respective due dates for serving it, let’s talk about what you do if you have received a motion and you need to reply to one.

When someone files a motion and serves you, you have an opportunity to file a response.  Your response will be to tell your side of the story and whether your agree, disagree or would like different orders made than requested by the moving party or person who filed the motion.

The responsive declaration also has to be done within a certain period of time just like the original motion.  So for the responsive declaration to a motion you have to file and personally serve 9 COURT days before the hearing.  Why do I keep emphasizing court days?  Because you have to be careful and check for court holidays and skip the weekends.  It could be as much as 15 days before the hearing with court holidays and weekends involved so make sure you check.  I get a lot of people who call me to file a response and it is already too late.

Watch this quick video about filing the responsive declaration.

Now, there is just one last thing to discuss and that is the Reply Declaration.  The Reply is what the person who filed the motion will do.  It is their last chance to get the final say of what their position is in regards to why the judge should make the order that they requested.  The Reply Declaration needs to be filed and served 5 COURT days before the hearing.

Here is a quick video discussing the reply declaration.

So just to recap, you first have the original Motion followed by the Responsive Declaration and then the Reply Declaration.

We can help you prepare and file your motion, responsive declaration and reply declaration in Los Angeles County.  We specialize in divorce and can help you prepare an attorney quality declaration for your divorce case.

Looking For A Divorce Document Assistant In Santa Clarita

Posted by Tim Blankenship on

If you are looking for a divorce document assistant / preparer in Santa Clarita, you have found the right company. In fact, you have found the only company in Los Angeles County that is licensed and bonded to provide legal services and who specializes only on divorce.

It just so happens that we are the only game in town if you are looking to save money on your divorce and have your divorce case and forms expertly prepared by our legal document assistants.

Folks have been flocking to our service in record numbers and not just from Santa Clarita. When people realize they can have their entire divorce case handled by company for an affordable price, they are driving in from Los Angeles, Palmdale/Lancaster, Pomona, San Fernando Valley and Ventura.

Even folks who live outside of driving range are still using our divorce service. We have a system in place that allows us to completely handle your divorce case over the phone, email and fax.

What people like is that they never have to go to court or worry about how to complete the divorce forms. We take care of all of that. We even file all your forms with the court, keep a running file and keep your case moving through the court system.

When people call us, they are amazed at how much information we provide over the phone. Some say they have called other paralegal companies and they just did not get a good feeling about them. But after talking to us, felt very comfortable saying we provided so much information that they fully understood the divorce process.

There is reason for this. We did not just decide one day to provide a divorce document preparation firm. We worked for the Los Angeles Superior Courts for several years (and still volunteer to this day). We also worked at some o LA County's largest family law firms. In addition, we only specialize in divorce cases.

If you are looking for Los Angeles County's number one divorce document assistant company, look no further.

Give us a call and we would be happy to explain our service. One call with us and you will know why people come to us to assist them with their divorce in Los Angeles.