How To Negotiate A Parenting Plan | Santa Clarita Divorce

Part of the divorce process that involves children involves coming up with a parenting plan.  This is a document that discusses the way in which your children live, who with, visitation and your agreements on how you will deal with them.

There are many ways to deal with coming up with a parenting plan.  This includes the same ways we discussed on how to work towards a divorce agreement.  This includes such ideas as meeting face to fact with your spouse to discuss a parenting plan or using a neutral third party such as a friend, family member or mediator to help you come up with a workable solution for a parenting plan for your children.

Parenting plans can have a lot of detail or they can be left fairly open if the spouses are in good communication and feel they can have an open parenting plan.  But a detailed parenting plan deals with a lot more than just the days of the week each of the spouses will have the children.

The more detailed your parenting plan is, the less potential issues you will have down the road when there are disagreements or misunderstandings about what the parenting plan says.  Here, we will give you some ideas on what you may want to include in your parenting plan.

Time Sharing

• Who does pick up and drop off and where?
• Where will the children stay?
• Will there be anyone else who is allowed to pick up the kids?

Rules For Contact When Not On Visitation

• Is contact by email allowed?  Text?
• Phone schedule that allows for communication

Birthdays and Holidays 

• Where and wit who will the kids spend their birthdays?  Will they with the parents?
• Who will set up the birthday parties?
• Will you alternate holidays each year, or each have specific holidays each year?
• Who has the kids on holidays when school is closed?
• Will Dad have them every Fathers Day and Mom every Mothers Day?
• What about long school breaks during the summer and winter?

There is much more to include such as:

• Religion issues
• Where the kids will go to school
• What activities the children will be involved in and who will pay for them?
• Privileges and discipline
• Medical care and insurance

As you can see there is quite a bit that has to go into a parenting schedule.  Leave something out and you risk trouble down the road.  You don’t want to be the family that has to call the police on a Christmas because you and your former spouse did not address who has them this year.

 

Questions To Ask A Santa Clarita Divorce Attorney

I came across this great list of questions you can ask your divorce attorney when you are getting ready for an initial divorce consultation with an attorney.  So this article will mostly be a list of questions you can use to help get you to find the right Santa Clarita divorce attorney. So without furher delay, here is a list of questions you can ask your potential divorce attorney.

• How long have you been doing family law?
• How long have you been in practice?
• Do you specialize in family law?
• How many family law cases have you completed?
• Will I be working with you or an Associate Attorney?
• How do the charges work?
• How often do your cases go to trial?
• Do encourage mediation?
• Are yo a certified family law specialist?
• Are you familiar with the court we will be in?
• Are you familiar with the Judge in this case?
• Do you have a good relationship with other attorneys in the community?
• Have you worked with my spouses lawyer?
• What would other divorce attorneys say about you?
• What do you think the outcome of this case will be?
• What do you estimate to be the total cost of my case?
• Will you accept my input about decisions such as when to file motions?
• Have you ever been disciplines by the state bar?

Again this was just a partial list of good questions I have found to give you a baseline of information about the attorney you are meeting with.  Of course, you will want to ask questions that are specific to your case and get specific answers. It is always a good idea to write down your questions on a note pad prior to walking in.  You are paying for the time and you don’t want to leave having forgot to ask something or sit there trying to remember what you wanted to ask.

How To Finalize Your Santa Clarita Uncontested Divorce

If you are wondering how to finalize your Santa Clarita uncontested divorce, that means that you have filed for divorce, submitted and completed all the require forms, served them correctly and have negotiated the terms of your divorce with your spouse.

Now comes the hard part.  You see, with the California Courts, up to this point in your uncontested divorce, nobody has reviewed any of the divorce forms you have filed with the court.  It is not up to the filing clerk to review your divorce paperwork for accuracy.  In fact they are advised against giving any legal advice or how to prepare your forms at all.  It is just their job to file the form.

The issue that this creates is that you get a false sense of security.  They allow you to believe that you have done everything right up to this point.

Unfortunately, only when you finalize your divorce paperwork and submit it for review, is the first time anyone is checking to make sure you did things right.

There are two major issues that arise here.  First, completing the final divorce paperwork can be some of the most challenging to complete.  Forget to mark just one box and the Court will quickly reject your judgment and send it back to you.  Mess is up more than once and you can expect them to set a hearing to have you appear and explain.

The second issue is that this is the first time all your paperwork is being reviewed.  So not only are they looking at your final divorce paperwork, but  they are also reviewing all the divorce forms you submitted along the way.

Of court we recommend using our professional divorce service to prepare your divorce documents.  But if you are going it alone, make sure to read and watch our video on how to prepare the final judgment divorce forms.

Preparing And Filing Divorce Papers In Santa Clarita

When it comes to an uncontested divorce, much of what has to be done is paperwork.  Lots and lots of paperwork.  Of course, there is still the fact that you and your spouse have to come to agreements on things such as property and the like.

So it becomes a matter of finding out what paperwork you need to file, completing it correctly, making sure you file and serve it properly and then complete the final divorce paperwork so you can get your divorce signed off by the judge.  Whew, that was a mouthful.  If only it was that easy.

As a licensed and bonded legal document assistant that specializes in the divorce process, I know how tricky the paperwork can be to complete.  The courts are continually adding new forms with no instruction on how to complete them and expect you to be able to figure it out.

You have to think if you really have the time to sit down and attempt to figure out all the divorce forms, how to fill them out and get through the entire process.

The folks who use my service decided at some point that they just did not want to have to deal with attempting to figure out the divorce process and paperwork.  Either they just did not have the time due to work, etc., or they got hung up at some point and realized that they have spent way too much time and still are not close to completing the divorce paperwork.

Even with all the self help books that are out there, they just don’t go over how to prepare the divorce forms.  Even if they did, the forms change and every court has it’s own local forms that self help books are not aware of.

We prepare and file divorce papers as a profession.  Don’t get caught up attempting the divorce process alone. Give us a call and get some professional help preparing and filing your divorce papers.

What Financial Documents Do I Need For My Santa Clarita Divorce

Gathering financial documents for your divorce will probably not be on the top 10 fun things to do.  How do I know this?  Because this is where the divorce process inevitably slows down and I have to follow up with my clients to make sure they are on top of it.

Essentially, you will need to compile a list of all your financial documents (assets and debts ) that you obtained before you were married, durring marriage and after separation.  As part of the mandatory financial disclosure process, you will have to supply copies of your most recent statements and other financial documents to the other party.

It is a good Idea to list your assets and debts based on what is community property and what is separate property.  When it comes time to complete your financial disclosures, you will need copies of the following Assets and debts.  Generally, just your most recent statement will suffice.

ASSETS:

1. Checking and saving accounts
2. CD’s
3. Real Estate Deeds
4. Stocks
5. Bonds
6. Mutual Funds
7. Stock Options
8. Vehicle information
9. Household Furniture
10. Life Insurance Policies
11. Tax Refunds

DEBTS:

1. Mortgage
2. Lines of Credit
3. Credit Cards
4. Vehicle Loans
5. Student Loand
6. And any other debts

If you are wondering what all is involved in completing your financial disclosures, you can read the article and watch the video on how to complete the schedule of assets and debts and how to complete the income and expense declaration.

For many folks who are going through an uncontested divorce it may seem unecessary as sometimes the accounts and financial statements are almost identical if not exactly the same for both spouses.  However, this disclosure process is essential if you want to have your divorce finalized.

Once both parties have completed ther process of the finanical disclosure, you can move on to preparing the judgment which essentially divides up the assets and debts.

For more information on the financial dislosure process during divorce please give us a call or visit ou

Does It Matter Who Files For Divorce First?

Many times I am asked if there is a difference if one spouse files for divorce before the other.

If we look to what the court say about this, you will see that they indicate that normally it does not matter who is the first person to file the divorce papers.

This is because the court does not give an preference to the first person who files for divorce nor do the courts give any disadvantage to the person who is the respondent.  So it could be as much as simply using the terms Petitioner and Respondent to identify the parties only.

Because California is a No-Fault Divorce State, the Petitioner can be either of the parties.  A divorce filing in California does not have to be initiated by any specific person in the marriage.  It could be the spouse who feels the other is the reason for divorce or themselves.

When it comes to filing for divorce in uncontested matters, sometimes it is best to talk to your spouse  about who should be the Petitioner and file the initial divorce documents and who should be the Respondent.

Because part of the divorce process involves the Respondent to be served with divorce papers, it may make sense to have a conversation about who should file and who will be served.  To keep the divorce process going smoothly, the spouses should speak and determine who is going to take on this role.

Regardless if your are the Petitioner or Respondent, you will have the same opportunity to prepare all the same documents as the other party.

Give us a call for more information about the divorce process and who should file first.  We can often speak to both spouses and help make the determination of who might be best to be the first to file the divorce documents.

We provide affordable divorce services throughout California.  We are headquartered in Santa Clarita, Ca and serve all the Courts.

Experience Counts When Going Through Divorce | Santa Clarita

The divorce process is complex, the paperwork can be confusing and court procedure is always changing.  That is why it is important to work with an experienced divorce service when you decide you want an affordable divorce solution.

We recognize that we are not the only company you can turn to, to get a divorce.  However, we are the only licensed and bonded legal document service that specializes only on divorce.

Hopefully, you are only going to go through divorce once.  Do it right and use an experienced professional that can get you through the divorce process right, the first time.

Did you know that these franchise type legal service companies are not licensed and bonded legal document assistants?  The franchise they own or work at is a legal document preparation company, but the actual person helping you is not.

We feel we are your best choice when it comes to choosing an affordable divorce document preparation service for your divorce.

What are you going to do when you run into a little bit of trouble with your divorce.  These franchise legal service companies won’t be able to help you.  They just don’t know how the procedure works at the divorce court.

However, when you work with us, that is not a problem.  We have worked at the self help clinics, completed internships with the Superior Courts family law division and worked for local area family law firms.  When it comes to experience in the divorce process, you won’t find another company with more experience.

Please give us a call for more information about our divorce legal services. We serve all the courts in Los Angeles and provide a 100% online divorce solution.  You will never have to step foot into our office.  We look forward to speaking with you.

What It Means To Retain An Attorney | Santa Clarita

We do not want to advise anyone not to get legal advice when they need it.  However, most people never need to retain a divorce lawyer during their divorce unless there is a good reason that you need to.

First, what is a “retainer agreement?”  A retainer agreement is where the attorney takes on your case and now has a professional responsibility to act on your behalf.  They have now been hired to represent you in your divorce.

The retainer agreement spells out the agreement between the party to be represented and the attorney of law firm.  The retainer will advise you what the law firm will do to represent you and what you can expect during the divorce process.

The retainer agreement is also about the fees do to the law firm for the work they do on your case.  It will detail the amount of money you are to leave as a deposit and spells out how the fees will be charged against your deposit.

What a lot of people learn to late is that the amount an attorney asks you to leave as a deposit to retain their firm, is not the total amount for your divorce.  They call it a retainer fee or deposit.  It is simply the amount of money you are giving them to retain them.  You will be responsible for any work done on your case that exceeds the deposit or retainer amount.

So many of my clients started off with a divorce lawyer, plopped down $5,ooo thinking that the deposit amount was the full amount to be represented during their divorce.  Later they get a bill for the charges incurred and don’t know why.  Even though it was expressly stated in the fee agreement, they are shocked to find out that their bill has doubled and they are not even close to being divorce yet.

Read my article on the costs of divorce for more information.

We are a licensed and bonded legal document preparation service that specializes in the divorce process.  Please give us a call for more information about our divorce legal services.

Take The High Road During Divorce | Santa Clarita

Whenever I speak to new clients, I make sure to tell them that it is all about give and take.  And you are going to feel that you are giving more than you are taking.  But just so you know, your spouse feels exactly the same way.

There is no winner when it comes to divorce.  Even if you technically come out on top, you have not “won” anything.  Divorce is ugly no matter what happens.

You will be faced with making all sorts of decisions throughout the divorce process.  And each time you have to make a choice you are going to have to either give in a little or hold your ground on a particular issue.

In the long term, the best thing you can do for your family and yourself is to try to compromise at every turn.  If you have children, think of what the best decision is for them as opposed to what the best decision is for you.

Whatever you do, try not to make things worse or make turn a simple issue into a major conflict.  Will this be hard, of course it will be.

In the end, everyone wins when you compromise.  Compromise means that you spend on less on legal fees.  Work hard and possibly you won’t have any legal fees.

Turn the divorce into a major conflict and you will certainly be reeling for years trying to pay for all your attorney fees.  Taking the high road can help prevent all that and leave you in a better state when the divorce is over and done.

Try and think of your decisions from the perspective of a third party.  You know how easy it is and how simple other peoples problems seem to solve, right?

We are a licensed and bonded legal document preparation service specializing in the divorce process.  We provide a fixed fee divorce solution.  Please give us a call for more information about our services.