Spousal Support Stipulations Need Specific Start Dates California Divorce

Posted by Tim Blankenship on

Spousal Support Stipulations Need Specific Start Dates California Divorce

We’re talking more about Stipulations. And specifically we’re talking about spouses support stipulations, and child support stipulations.

In the past, when we will draft a Stipulation, we would use some none specific language as to when the amount of support will begin.

We would say the spousal support is due forth with which was basically means immediately and the courts were satisfied with that.

When we recently submitted a Stipulation to the court, and this was in Los Angeles County. And it was rejected because the court wanted some specific start dates.

And so that was just a change that we saw. We’ve never had that happened in years where they were not happy with the word forth with.

And they wanted us to specify a start date. And so when you’re doing Stipulation, if you’re going to enter a Stipulation for let’s say a spousal support or child support, in there you’re going to indicate a specific start date.

So we could say spousal support or child support is to begin April 1st. And then there’s some following language until further order with the court, etc.

So if you need help with the Stipulation for child support, of spousal support, I’d be happy to do that for you.

If you try to put something to put together, just make you have a specific start date to that support order.

California Divorce – How To Serve Petition By Certified Mail

Posted by Tim Blankenship on

California Divorce – How To Serve Petition By Certified Mail

Today, we’re talking about a special way or a specific way of serving divorce documents. And this is what’s called certified mail.

And I’m sure you’ve heard of those certified mail process but what a lot of people don’t understand is you can serve in certain circumstances you can serve your initial divorce documents by certified mail.

There are couple conditions where you can use that and I want to go over that with you.

So normally the initial divorce documents need to be served by process server or by personal service, anyone over the age of 18.

But when your spouse lives out of State, the California courts with your Divorce allow you to serve those initial documents by certified mail.

There are couple conditions on that.

Number one is you have to have somebody else send this certified mail to your spouse.

And of course, this is something that’ll probably only work if your spouse is in agreement because normally either the post office employee will sign off saying that they handed the documents directly to your spouse or if your spouse is home, they will have your spouse, will sign the certified mail receipt which it will be returned to you.

And again you have to use the return receipt on the certified mails.

So it’s a little card that you’ll get back. That’s your proof that the Divorce documents were in fact received by the other party.

So once you get that certified mail card back, you’re going to file that with the proof of service. And that’s how you let the court know that they were served.

So a couple conditions I just want to recap on. And then I want to go in another topic, is, number one, someone else has to mail the certified mail.

Number two you want to use return receipt. In fact you have to use return receipt that’s your only evidence than it was received.

And you’re only going to want to use this if your spouse is out of State.

Now what other conditions?

When you serve your divorce documents in California by a certified mail out of State, normally in a normal divorce after 30 days after your spouse has been served, you can file a default and you can move on with the default case if that’s what the way you’re going to move forward with your Divorce in California.

But when you do it by certified mail, you need to wait 40 days after the service using certified mail.

So it’s normally 30 days. But when you do certified mail out of State, it’s an additional of 10 days. So it’s 40 days after the certified mail receipts said they were served or received the divorce documents before you can file the default or requesting a default in your divorce case.

I hope that makes sense. I’m just trying to prevent people from getting their cases rejected.

We’ve had some clients called us saying, “Hey, Tim I waited 30 days. And I filed my default. And it was rejected.” and I said “You have to wait 40 days because it was a certified mail out of State process.”

Tim Blankenship Divorce661.com, feel free to call the number on your screen, I’d be happy to give you a free consultation.

We do handle Divorce cases anywhere in California.  Thanks for watching.

Divorce Paralegal In Cerritos, CA Cerritos Divorce Service

Posted by Tim Blankenship on

Divorce Paralegal In Cerritos, CA Cerritos Divorce Service

Today, we’re talking to the folks in Cerritos, California.

We want to tell you a little bit about our Divorce Paralegal Service in Cerritos California. And let you know a little bit about what we can do for you, how we can save you some money and so forth.

So as a Legal Document Preparation Firm, essentially, we are a Paralegal firm. And we specialize only in Divorce in California.

So what can we do for you?

Well we do everything a law firm would do for you except two things. We don’t do legal advice. And we don’t represent you in court.

So what that means is essentially we are a neutral third party that works with both spouses. And of course we can give you guidance as far as the process and procedure and answer those types of questions.

But if it comes to legal types of questions we’ll have to direct you to appropriate attorney or perhaps a consultation to get those questions answered.

But outside of that we can everything to get your case finalized.

Now what can we do for you?

Everything, essentially, we fill out all your forms for you. No questionnaires or anything for you to do.

We fill them out for you. We go down to the court house for you and file your documents.

We take care of processing your documents, preparing them, serving them and filing them.

We will also help in completing your financial disclosures and all the processes and procedures that it takes to get your case done in Cerritos and finalize it and clean the final judgment which takes care of your final agreements as far as your children are concerned, spousal support, child support, custody visitation and distribution of assets and debts.

We’ll take care of all of that. We have access to all the court forms, the attorneys and the courts have.

We have the DissoMaster software which helps calculate child support and spousal support. All of that is included in our flat fee pricing.

So go ahead and jump on our website at divorce661.com. And feel free to watch some of our videos.

We have a podcast with the tons of information. And when you’re ready give us a call.

The numbers is on your screen. I’d be happy to give you a free consultation.

Make sure we’re the right service for you. And if not I’ll be happy to refer you to a local attorney in the Cerritos area.

But outside of that we’ll be happy to help you in your Divorce in Cerritos California. You do not have to come to our office unless you want to.

A lot of people throughout California will just do it remotely either on the phone or via email. And we’ll be happy to facilitate the process in anyway that makes it easier on you.

Divorce Paralegal In Lakewood, CA Lakewood CA Divorce

Posted by Tim Blankenship on

Divorce Paralegal In Lakewood, CA Lakewood CA Divorce

Today, we’re talking to the folks in Lakewood California.

We wanted to let you know that we are a licensed and bonded Legal Document Preparation Firm. We specialize only in Divorce.

So what that means is that we are a Legal Preparation Firm in essence. And we specialize only in Divorce. And we are serving the Lakewood, California community.

I just want to take a few minutes to share with you what we do and what we can do for you to help you get you through your Divorce process.

So as a full service Divorce firm serving Lakewood, California, we will do everything from beginning to end.

We fill out all your forms. We go down the court for you. We file them. We serve them.

We do all the processes and procedures that the court requires, that way you don’t have to worry about a thing as far as what’s next, how to fill up the forms or having to go to court and taking time away from work and family and so forth.

We will do all that for you. In fact we will do everything a law firm for you.

The only thing we don’t do is give legal advice or represent you in court.

But we can certainly give you information as far as the process, procedure and points you in the right direction. If you have legal type of questions, we could assist you in getting those answered through consultations through an attorneys if need be.

We are that affordable option in getting through your Divorce. If you’re going to use a service like ours your Divorce should be somewhat amicable.

Meaning you guys are going to at least attempt to work things out. And we can be the person in between.

We can be that neutral third party and work with both of you to get your Divorce finalize and help you through the process in making decisions to get your Divorce done for affordable rate and not throw all your money away on attorneys.

I hope this video was helpful. Please feel free to go to our website at divorce661.com.

We do serve all of California but this video is specifically made for the folks in Lakewood, California.

Please give us a call I’d be happy to give you a free consultation.

The number is on your screen. We want to make sure that our service would be a good fit for you.

And you do not have to come to our office unless you want to. We do serve clients all throughout California.

So if you want to do this via email, or over the phone, we’d be happy to do that as well whatever is more convenient for you.

Getting Married Young Results In Higher Divorce Rates

Posted by Tim Blankenship on

Getting Married Young Results In Higher Divorce Rates

Today, we’re talking about a new study that was done. And the study was done by the University of North Carolina.

And this study kind of change what the beliefs were about one of the leading causes of Divorce.

Now what this article went in to and what this study had to do with is finding out and learning more about does cohabiting or just living together with your soon to be spouse have anything to do with Divorce.

And I think it was a common held belief that in the past over the last few decades that if you live together prior to marriage that, that was one of the leading causes of Divorce or it was a cause of Divorce.

I shouldn’t say it’s a leading cause. But that we believed that for decades.

And that’s what a research proved, is that if you live together prior to marriage that you had a greater risk of getting divorce.

And this new study what they did is they basically learned that they had looked at the wrong variable.

So what they now have determined is that it’s not so much of living together prior to marriage that’s the caused of Divorce.

It is age at which people starts setting down. So this was attributed more to younger folks living together prior to marriage.

And it wasn’t that living together that was the leading attribute to Divorce.

It was the fact that they were living together at a younger age and settling down earlier than before. And that was the caused.

So it was the age of them living together. Not that living together prior to marriage that was causing leading to additional divorces.

So just a recap, that it’s the age of people moving in together.

And what they’re essentially saying is settle down to soon too young which is interesting, an interesting finding I think.

And I’m just wondering what other people think of that.

Do you think it is the leading cause or it is an attribute for younger children moving together with their soon to be spouse?

Is it just that people are getting married too soon as opposed to the fact that they are living together prior to marriage?

I think it’s an interesting question. But according to this study, it’s that our younger generations are now moving in together and they’re settling down. And I guess you can say so like in a mate, prior too soon, according to this study.

So I’d be interested to hear what you have to say. What do you think it is?

Is it do you agree with this recent study that the younger generations are settling down too soon and perhaps not –I don’t want to use the words pointing the field, but looking and searching out for that final soul mate.

I’ll tell you this though. I just think that these the younger generations everything is changing.

Not just with relationships but just in life and how we consume information across the board, our younger generations going to be doing things much differently than the older generations then.

So feel free to leave some comments below.

I’d be interested to hear what you’ll have to say about this most recent study attributing to additional divorces with the younger generations settling down too soon.

 

California Divorce How To Serve Divorce Petition By Substituted Service

Posted by Tim Blankenship on

California Divorce How To Serve Divorce Petition By Substituted Service

Today, we’re going to talk about substituted service.

When you file for divorce in California, those initial documents, in most cases need to be served in person.

There are some other ways that can go about that, but generally speaking it needs to be served in person by someone other than you over the age of 18.

Now one of the problems that can may come up is that you’ve attempted to serve your spouse multiple times or maybe you a hired a process server to serve your spouse multiple times, but they are either never there or they’re trying to avoid service for some strange reason, or they won’t come to the door for instance.

Let’s say that your spouse lives with their parents or some other person. And they never come to the door.

And we’ve had that happened in cases, we go there, we know they live there, that’s where their address is.

They’re living with their relative or spouse maybe family member something like that. But that person never comes to the door.

What you can do is you can do something called substitute service, where you can serve another person, another responsible party.

In this case, let’s say you’re serving your spouse’s mother in law of serving the person and knowing that, that person will take it to the person that you’re really trying to serve.

So I don’t want to complicate that. But in doing so that cannot be your first step.

You can’t simply go to the house Oh, she’s not here. Or she doesn’t come to the door and do substituted service on her.

You have to make multiple attempts and you’re going to have to write declaration indicating that on these dates, at these times, you’ve gone to the properties several times they’ve never come to the door.

And then you’ve done the substitute service by serving in this case the mother who in term should give the documents to the other party.

In these cases when you have substituted service, it’s also going to alter the timeframes in finalizing your case.

What that means is when you go to file or requesting a default, if it’s a default type case, instead of waiting 30 days to file the default, you’re going to have to wait 40 days to file the default.

This is both on substituted service and service by certified mails.

So just keep that in mind.

California Divorce Does Living Together Prior To Marriage Count

Posted by Tim Blankenship on

California Divorce Does Living Together Prior To Marriage Count

Today we’re trying something different. We’re recording both a podcast and a video at the same time.

So you may be listening to this on iTunes or Stitcher Radio of you may be watching this on YouTube or one of the other various video channels.

In today’s episode, what we’re talking about is an article I recently read, this was at the United Kingdom actually.

And what they were talking about as pertains to divorce is that the courts are looking at overhauling the law and in essence trying to give more rights to couples living together but not married.

Because they are finding that people are in long term relationships yet not getting married. And then when they have a split that there’s no benefits to the parties that are splitting as you would in a regular marriage.

Now the issue that comes up is, if you’re not married, let’s say this was something that happened in California.

If you go a through divorce in California, and you are in a short term marriage it’s going to affect how spousal support, if it’s going to be given or provided.

The length of marriage is one of the determining factors on how much and how long you’ll get spousal support.

I’m going to tell you a story. I’ve had clients come in and in one particular case they’ve been living together for 17 years total.

Living together for 17 years but were only married for three. And the question was, well, how long is the marriage considered to be? Because we were together a total of 17 years but are only married for three.

And the issue with that is that they don’t look at the time together while you were not married. It’s only going to be counted for the time you were married.

So for three years and because this particular spouse wanted spousal support, it’s only going to be based on three years as opposed to 17 years which is obviously a huge difference.

Now in the United Kingdom, where this article is based out of, it brings up that point. And it is basically saying “Is it even worth getting married, if they’re going to have the same benefits being unmarried as you do married?”

And I think that brings up an interesting, somewhat ethical viewpoint that would — I’m sure people would have different opinions on depending on who you talked to.

But in California, it does bring up some interesting points. Because if you are unmarried and you have children, one of the issues is going to be with the children and the paternity determination in California.

If you are married then it is the courts figure obviously if you’re the mom there’s going to be where your children, no issue there.

And if the father is married, it is agreed upon that is your child, if you’re married. That’s just how the law works.

If you’re not married that’s not the case. And you have to do what’s called a parentage. And so there are going to be some issues with the children if you’re unmarried.

And if this some similar law came in to effect in United States or California, for instance, it could post some issues with the children. So I thought this was an interesting topic I wanted to bring up. And we’re going to be bringing up more issues that we’re seeing.

And trends and things regarding divorce, not just in California, but across United States and things like out of the country that we’re seeing different things.

I’m just wondering what people see, what people think rather about this particular issue of it, if it’s something you think of good or bad.

And I’ll tell you what. Being involved in divorce on a daily basis with folks here in California, I can tell you that we’re starting to see a lot of short term marriages being ended.

And I think it’s just a change in the culture or this particular the generation younger generations growing up where we’re starting to see, well, they simply it doesn’t have the same effect marriage is now the same effect as dead, for instance, with my parents or with me where that is that true bond.

And you’re going to try and stick it out and find it out. We’re seeing a lot of short term marriages with younger generations.

One year, two years or three years and so on and they’re getting a divorce. It seems like it’s more like trading in a car.

If it didn’t work out at least it’s over, we’ll try to get a new one. It’s an interesting mind set where people kind of are in that younger generation are simply throwing in the towel.

Just because things aren’t working out and for whatever reasons whatever mindset is in this generation, it seems that they have an easier time deciding on getting divorce than trying to work it out and keep their marriage going.

California Divorce And Changing Your Last Name To Former Name

Posted by Tim Blankenship on

California Divorce And Changing Your Last Name To Former Name

Today, we’re talking about should you change your name if you’re a woman after you get divorced.

So when you’re going through a divorce in California one of the things you’ll have to consider as part of the divorce as part of the paperwork is if you’re going to change your name back to your former name or your maiden name at the end of your divorce.

So this is question that every spouse, every wife, every woman rather needs to think about. And it’s one that most don’t take likely.

I will bring it up but we don’t make people make a decision right through on the spot. We let them know.

It is a decision they will need to make one way or the other going through the divorce process in California.

So some of the things–I just want to share with you some of the things that people tell me that the women tell me their consideration of changing their name.

Number one is if they have young children, their concern is they don’t want to have a different last name than the names of their children for reasons of going to school and things like that.

They want to keep their last name same as their children if they’re in school. And I think it’s one of the biggest factors.

I hear that a lot for women saying, “You know, I want my name to be the same as my children when we go to school.”

Number two when there are long term marriages, we’re talking 20-30 years. Those women tend to keep the same name the married name because the entire world has known them as that last name for so long.

And it would be–they tell me almost awkward for them to go back to a maiden name they haven’t used in so many years. So that’s number two.

Then the folks in the middle, so, those are fairly easy decisions. If you still have young children you want to have the same name that seems to be reasonable.

If you have the name for a long time, it seems reasonable that you’d want to keep it. But what if you’re in the middle?

What if you have no children and you have a 15 year marriage, 10 year marriage something like that. You’ve had the name a long time but not 30 years.

Do you keep the name or do you want to move on?

Some of the women have told me that they want to go back to their maiden name even though they’ve had the name for so long.

More of a freedom thing, more of we’re divorced, why would I want to keep this last name attached to me as a constant reminder of being married I supposed.

So there really is no right or wrong answer when it comes to filing your divorce papers in California. It is one of the check boxes to determine if you’re going to go back to your former name.

You can put it on the judgment, on the final agreement that you want to go back, just so you have the court order saying the judges agreed to your request to go back to your former name.

You can do that. And then you don’t have to right away go and change your name.

But you would have an order if you later change your minds to go back to your former name.

Now just because you put it on the court documents and the judge agrees signs off that you can go back to your former name, you still have to do it legally.

You’d have to change it with Social Security Administration and with the California Department Motor Vehicles. You’d still have to do that.

So to make things easier if you’re not sure, you can always request to have your former name.

And if you decide later not to change it, you’re not going to be forced to do it because you’d have to take a pro-active step in going and changing the name back to your former name.

So this is just a little bit free to think about, if you’re going to go through divorce or you’re in the middle of getting divorce in California.

These are kind of I just want to share with you what our clients kind of share with us in making their decision to keep their last name or not.

Divorce Paralegal Service In West Covina California

Posted by Tim Blankenship on

Divorce Paralegal Service In West Covina California

Today we’re talking to folks in West Covina who maybe considering getting a divorce. And we wanted to talk to you a little bit about our services and your options when it comes to getting a divorce in West Covina.

So we are a full service Divorce Paralegal Firm. That means that we will fill out all the forms for you.

We go down the court for you. We will file the documents. Essentially do everything for you from A-Z, so, you can go on with your life.

But on top of this filling out the forms and going down the court and filing and running you through this process, we’re also here for information.

And to provide assistance when you have questions about the process and procedure of what kind of getting through this process we call divorce.

So because we are a full service we will take care of everything for you. You won’t have to worry about going down to court or how to fill out the forms or answering questionnaires or anything like that.

And also you don’t have to come in our office unless you want to. Let’s say probably 50% of folks decided to come to our office, the other half decided they wanted just to use our service by communicating with us over the phone or via email, what have you.

When you go through divorce many things have to be addressed. We’re talking about deciding whose going to have the children, the custody and visitation agreement.

We’re talking about spousal support and child support if that’s applicable.

We’re talking about dividing up all your assets and debts. All of that is what we will help you do in going through the process of divorce.

And we will take care again all of that you, so, you don’t have to worry about doing that.

What I recommend you to do if you are considering your different options whether you decide to use an attorney or use a service like ours or to try to do it yourself, feel free to give me a call.

We’ll talk to you more specifically about specific circumstances in your case. Make sure you’re a good fit for our particular service.

And just kind of go over things and make sure that whatever service that would be useful for you.

So you make sure you give us a call. I’d be happy to give you a free consultation over the phone.

You can call the number on your screen which is 661-281-0266 or go to our website at divorced661.com for more information.

I look forward to working with you soon if you need our assistance.

Divorce Paralegal Service In Pico Rivera California

Posted by Tim Blankenship on

Divorce Paralegal Service In Pico Rivera California

Today we’re talking to folks in Pico Rivera California.

If you’re reading this article, you’re probably looking for an alternative service aside from attorney to get some assistance with your divorce. And that’s exactly what we’re here to help you with.

We’re a full service divorce paralegal firm specialize only in divorce in California and specifically in Los Angeles County.

We work with clients all throughout the County of Los Angeles and helping them with their divorce.

Now we are a full service divorce paralegal service.

What that means is we will do everything from A to Z, we will complete your forms for you, no questionnaires that you have to complete.

We will go down the court, and we will file all your documents, we will serve your documents, we will do all the necessary processes and procedures that the court requires you.

You won’t have to worry about any of those types of things.

When we’re talking about divorce we have to handle all, address all issues in your divorce. So we’re talking about issues of assets and debts.

We have to help you divide up your property. You have to let us know. Here’s what are properties is and how are we going to divide our debt.

If you have children, we’re talking about custody and visitation orders. We’re talking about child support – things to that nature.

If there’s going to be order for spousal support we can help you determine those amounts as well. We have all the court software and everything that the attorney’s have to help you get through your entire case from start to finish.

Now, because we’re not a law firm, the only thing what we can’t do that they could do in a law firm is we’re here to represent you in court. And we’re not here to give you legal advice.

But as far as processes and procedures are concerned, we can take you all the way through your case without any additional third party services for one low flat fee.

So make sure to give us call. We’d be happy to give you a free consultation over the phone to make sure we are a good service for you.

Make sure you guys at least attempt to work somewhat amicable through your divorce and are kind of on the right page as far as getting started and getting this divorce concluded for you.

Make sure to give me a call.

We’d be happy again to talk to you over the phone and talk about your specific circumstances of your divorce and let you know if will be the right service for you.

Give us a call on the number on your screen or you can go to our website at divorce661.com for more information.