How To File A California Divorce Stipulation For Spousal Support (Slideshare)

How To File A California Divorce Stipulation For Spousal Support (Slideshare)

Yes, it is possible to get a judge to sign an order for spousal support in California without having to go to court or seeing a judge.

We specialize in preparing a Stipulation Regarding Spousal Support and Order Thereon or you can attempt to do it yourself.

If you and your spouse agree on the amount of spousal support you can simply draft a “Stipulation Regarding Spousal Support and Order Thereon” have both of you sign it and submit it to the court.  The court will review and sign the stipulation which will make it an order of the Court.

Don’t forget to check with your County for fees for submitting a Stipulation Regarding Spousal Support and Order Thereon, as there are usually fees involved if you ask the judge to sign something.

It’s not bad, usually $20.00 in most counties.  At least it is here in Los Angeles County.

We have uploaded a copy of a  Stipulation Regarding Spousal Support and Order Thereon for you to review to get an idea of how it is drafted.  We have also embedded it into this post below.

We specialize in California divorce and can help you with anything related to your divorce case.
If you are looking for assistance with you California divorce we can help you anywhere in California. We are headquartered in Los Angeles, CA, but can help you wherever you are at.
We can help you at any point in your divorce.  From the very beginning or where you have trouble, if you have attempted to do it on your own.
Give us a call for more information or feel free to read more articles that we have written, videos we have done or podcasts we have recorded.

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Santa Clarita Divorce Service Gearing Up For 2014

It is a usual occurrence every year that business slows down just a enough to start focusing on 2014 goals and getting ready for “Divorce Season”

Yes, I have to admit that there is such a thing.  It is caused by those folks who are thinking about getting divorced but hold off until the holidays are over.

Just about the first week of 2014 we will see an onslaught of new divorce cases in record numbers that will push all the way through September.

In October we start to see a slowdown of new divorce cases in Santa Clarita, but the call volume remains high as people are still gathering the information they will need to file for divorce in Santa Clarita in 2014.

This was a big year for us.  We grew quite quickly as folks realized we were the best solution for getting their divorce completed.  We hired several new employees and expanded our offices this past year.

We are ready for 2014 to kick off as we have employees in place and sufficient office space.

Knowing that things slow down a bit starting in October, we take this time to catch up an wrap up the cases we started in 2013 in Santa Clarita.  We have been getting a lot of divorce judgments completed and approve by the courts these last few weeks and that will continue into December.

We have also been working on our 2014 marketing strategies which will continue to consist of blogs, video, podcasts and our radio show.

If I had to guess, I would say that this year we wrote over 500 articles about divorce in Santa Clarita and we know have 200 divorce videos on our YouTube channel. Our blogs and videos have been the cornerstone of our business.

Our clients and potential clients love that we provide so much information on our blogs for free.

If you are one of those people waiting until 2014 to file for divorce, you are not alone. Just keep in mind that you and everyone else will be filing at the same time and the process of divorcing will take longer with the courts as they will be very busy.

SCV Divorce Case Finished In Time For Wedding

This article is more to talk about our success in a recent divorce case here in Santa Clarita. One where we were able to pull off the unimaginable.

Okay, were not saving lives, but we were able to help our client finish their SCV divorce case just in the nick of time.

We had a client that had wanted to get divorced by a certain date.  I asked them what was so special about having the divorce finalized by this certain date.  He said he was getting married the day after.

I wrote a previous article which discuss the reasons you don’t want to plan your wedding until your divorce is finalized, and I still stick to that.

When we took this case on I made it very clear that we had no control over the courts time frames for approving judgments, but that we could ensure that the paperwork was done quickly and correctly so that we could get it submitted right away to get it in line to get reviewed.

And that is what we did.  We submitted the divorce paperwork as soon as we were allowed and we got the case approved by the judge!

We were filing what is called a “True Default” divorce case.  This is one where the other party does not respond and there is not going to be any agreement.  This are generally a little more harder to get approved in most cases.  But in this particular case, they did not have any property that the court had to dispose of.

On these types of divorce cases, you can actually submit the divorce judgment after 30 days have been passed.  You don’t have to wait 6 months to submit your judgment to the court.

The reason you want to submit your judgment as soon as possible (but not sooner than 30 days) is because the courts are so backed up.  It is taking the court as much as 9 months right now to approve judgments.

If you are having trouble getting your divorce approved or difficulty with the paperwork make sure to give us a call.  We specialize in divorce in California.

California Divorce | Wait 30 Days Before Filing Request To Enter Default

If you are going through a California divorce and are trying to complete a True Default Divorce or Default With Agreement divorce case, you will need to file a request to enter default.

The difference between these two types of divorce cases is when you submit your request to enter default paperwork to the court.

Request To Enter Default When True Default Divorce Case

If you are going through a divorce which will be a true default, one where your spouse is not responding and will not enter into a written agreement, you will want to wait 30 days after your spouse has been served.  Not doing so will result in your request to enter default being rejected by the court and you will have to resubmit it.

The 30 days starts the day your spouse is personally served the divorce papers or if you used the notice of acknowledgment of receipt and mailed the divorce documents, you would use 30 days after they signed that form.

Request To Enter Default When Default With Agreement

If you are completing a divorce where you are going to have a default with agreement (also known as a Hybrid) you won’t want to file the Request To Enter Default form after 30 days.

In this case, you are going to want to file the Request To Enter Default along when you submit your divorce judgment to the court.  This way the court will know you are doing a hybrid divorce case.  If you submit it after the 30 days, the court will assume your are file a true default case.

When submitting your Request To Enter Default form, make sure not to sign it before the 30 days have passed.  We had a client who had their request to enter default rejected because they had signed it before the 30 days were passed.  They filed it after the 30 days, but because they dated it before the 30 days, the court rejected it and they had to refile it.

We specialize in divorce in California and are headquartered in Santa Clarita, CA.  If you need assistance with your divorce please make sure to give us a call.

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

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

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?

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

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

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?

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.