What Property Do I List On Schedule of Assets and Debts | Santa Clarita Divorce

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What Property Do I List On Schedule of Assets and Debts | Santa Clarita Divorce

Hi, Tim Blankenship here, owner of divorce661.com.

And today I want to talk to you about problems and issues that we’re seeing and questions of people have when it comes to completing the schedule of assets and debts.

The schedule of assets and debts is one of the forms that you’ll be using when completing your preliminary declaration of disclosures. This is a form that will be served along with the income and expense declaration.

The schedule of assets and debts is a list of all property that you have. It’s property you had prior to marriage, property you had during marriage and property you have after separation. If you’ve had a long term period of separation, there may not be any community property.

The common issue that we’re seeing is that folks think that when they’re completing their schedule of assets and debts that they’re only to list the property that’s either belongs to them, owned by them or in their name alone, and that’s incorrect.

The property list on the schedule of assets and debts isn’t going to be all property; property before marriage, during marriage and after separation as well as property that belongs to your spouse, property that your spouse had prior to marriage that you’re aware of, property that’s in his name alone. Even the house, if it’s in your husband’s name alone, let’s say, and it was before marriage, it’s going to be a separate property you still list.

Not only community property but separate property on the schedule of assets and debts.

By listing the property, you’re not suggesting that it’s your property. You’re just listing the property that you’re aware of that was accumulated before the marriage, during the marriage or after separation and all that’s used for down the road is to be a template, if you will, for how that property is going to be distributed.

On the schedule of assets and debts, when you list property, one thing you can do is indicate if the property is going to be yours or it’s going to be your spouse’s. If you’re the petitioner, you can simply place a ‘P’ in front of it. If it’s going to go to the respondent, you can simply place an ‘R’.

There’s an area where there’s a date where that property was purchased. And if it’s prior to marriage, just put ‘prior to marriage’ or ‘after marriage’ or ‘during separation’ and It’ll help you determine if it’s going to be a community asset or a separate property asset.

So I just want to clear that up. I can see that on a daily basis where there’s confusion out of what property is to get listed on there.

Again, my name is Tim Blankenship with divorce661.com. If you have any questions, feel free to give me a call at 661-281-0266. We’re a low cost, affordable document preparation firm that specialized in divorce in Los Angeles County.

How To Hire A Process Server For Divorce | Santa Clarita

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How To Hire A Process Server For Divorce | Santa Clarita

Hi this is Tim Blankenship, owner of SCV Legal Doc Assist. We’re a licensed and bonded legal document preparation firm specializing in divorce.

This article is for those folks who are looking for a process server.

We are not a licensed process server, but we do know who the good process servers are. So what we’re doing is a referral service where you can work with us, give us a call if you need a process server. We will take care of setting it up, so you will basically be paying us and then we will take care of the process service by coordinating the service of your spouse for your divorce case.

So there are several process servers in the LA area that are not good process servers as they’ll take your money and not perform the service, or not do a good job, and not find them want to find them and want to charge you more. This happened to a client of ours recently.

So if you contact us, you know, we specialize in divorce. We help people get through the divorce process, that’s our specialty. We work with a couple of different process servers, depending on where on you’re at, where on Santa Clarita, anywhere in LA County, or outside of LA County we can help you.

So give us a call. You’ll pay us direct, and we will coordinate the entire process; hiring the process server, getting them served, and then filing your proof of service with the courts. That way you don’t have to worry about looking up, are they going to do the right thing, you know, the typing of the forms, we’ll take care of the whole shot for you.

So if you are looking for a process server, just give us a call, we’ll take care of it, coordinate it, we’ll bill you direct, and then you don’t have to worry about it.

Give me a call, my name is Tim Blankenship, 661-281-0266. We are a licensed and bonded legal document preparation firm so if you’re looking for someone to help you with the paperwork, give us a call for that as well.

How to Get Temporary Divorce Orders If You’re the Respondent | Santa Clarita Divorce

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How To Get Temporary Divorce Orders If You’re The Respondent | Santa Clarita Divorce

Hi! Tim Blankenship here, owner of SCV Legal Doc Assist. We specialize in divorce in LA County.

Today I wanted to talk to you about question I was asked from a gal who was looking for some assistance and found us online. Her question was: “If you’re the respondent, is there a way of moving the case forward especially if you want spousal support?”

Her question basically alluded to the fact that her husband was the petitioner, had filed for divorce and was kind of dragging his feet. The reason she felt he was dragging his feet was because he didn’t want to pay child support.

She thinks that by him delaying the case, he will be effectively paying child support for however long he decides to drag this out. So her question was, how can she become the petitioner so she can then move the case forward, and that’s an interesting question.

Again, I haven’t been asked that and I wanted to clarify that.

If you’re the petitioner in your divorce case, you’re the petitioner all the way through; if you’re the respondent, you’re going to be the respondent all the way through.

Regardless of being the petitioner or the respondent, you have just as much right to move the case forward and equal access to the law as the other party does. So as the respondent, what you would need to do is simply, either, continue on with the case and do the next step that’s required; if she’s only been served, she should then file a response.

If she’s already filed a response, she should then do her preliminary declaration of disclosure. And once she’s done that, she can then later request the petitioner to do his. This is what’ll get the case moving forward. If you talk to an attorney, which I am not, they may suggest that you file for a request for trial setting.

This again, would get the court involved and get the case moving.

Now, her specific question was in regards to how to obtain child support. At any time during the divorce case, you can ask the court to give you temporary orders for just about anything. So in this case, she wants to get temporary orders for child support pending the final judgement of her divorce case.

To do this she would file a FL-300, this is a request for order form, and in it you would describe the circumstances and why you’re requesting child support. You then get a hearing, the judge would hear the hearing, and then ultimately make an order on support, whatever that may be.

So hope that clarifies it for you. It was a great question Wanda. I’m sure if you have that question, everyone else does, so hope that clarifies the situation for you.

Again, my name is Tim Blankenship, owner of SCV Legal Doc Assist. We do specialize in divorce. Please give us a call at 661-281-0266. You can always get more information on our website at divorce661.com. Thanks!

What If Spouse Won’t Agree To Divorce | Santa Clarita

Posted by Tim Blankenship on

What If Spouse Won’t Agree To Divorce | Santa Clarita

Hi! My name is Tim Blankenship, owner of SCV Legal Doc Assist. I’m a licensed and bonded legal document preparation assistant that specialize only in divorce.

Today we are talking about and answering the question of what happens if my wife doesn’t want to give me a divorce.

So, if your spouse doesn’t want to cooperate, there is a way to still work on the divorce process and I’m going to use the California Court’s website to answer this question because in their Frequently Asked Questions here, they have responded to this question – so instead of just me giving you what I think, I’m going to refer you to into the court’s website as they answered the question here for.

So the question here is ‘What if my spouse or domestic partner does not want to give me a divorce?’.

And the answer is: In California, it is not necessary for both spouses or domestic partners to agree to the divorce. Either spouse or domestic partner can decide and their marriage and partnership is not necessary for the other spouse to agree or give you a divorce.

The spouse or domestic partner who does not want to get divorced cannot stop the process by refusing to participate in the case. If she did not have to sign anything to agree to the divorce, if your spouse or domestic partner does not participate in the divorce case, you’ll still be able to get a default judgment and the divorce will go through.

So, sometimes when I’m preparing uncontested divorce cases, one of the parties that I may be assisting will ask: “Well Tim, she’s not going to fill it out any of the paperwork, she’s not going to respond and she honestly doesn’t care one way or the other and I said: “That’s fine, there’s nothing the spouse can do to stop you from getting divorced”. As this court says here, they can’t stop it even if they don’t participate. It’s called a default judgment.

I’ve done a video on what it takes to get a default judgment and that happens all the time. Generally, courts will approve those if there’s an unequal division of assets and debts. There might be a reason for the court to call you in and have a couple of questions for you. But if your spouse doesn’t want to respond and they don’t want to participate, you can get what’s called a default judgment.

Again, my name is Tim Blankenship, owner of SCV Legal Doc Assist, licensed and bonded legal document preparation service, specializing in the divorce process.

California Uncontested Divorce Form Judgment Checklist – Santa Clarita Divorce

Posted by Tim Blankenship on

We have put together a comprehensive video on what documents you need in order to properly submit your California Uncontested Divorce Forms.

We are also including a link at the bottom of the post so you can actually print out and attach the uncontested divorce judgment checklist which is a good practice.  This is a good practice for two reasons.  First, you can check off the forms as you go when compiling the divorce judgment.  Second, it lets the court know what kind of divorce judgment you are submitting so they understand why you have submitted the documents you have submitted.

We have prepared a separate video and blog post for each of the different types of California divorce judgments you may have.  The California Uncontested Divorce judgment checklist will be used under the following circumstances. A Petition was filed, a Response was filed, and the parties have a written agreement.

Yes, it is still considered uncontested, even if your spouse filed a response.  To use this type of judgment, you have to comply with the specific rules prior to submitting the judgment.  Make sure you have filed the proof of service of summons, because you will have to submit that with the judgment as proof.  In addition, make sure both of you have served your Preliminary Declaration of Disclosure (PDD’s) and filed the FL-141 (Declaration Regarding Service Of Preliminary Declaration Of Disclosure) and also submit a filed copy along with your judgment paperwork.

Use this link to download a copy of the Uncontested Dissolution Judgment Checklist For California.

Make sure to print it out, write your name at the top and check off the documents as you go.  Don’t forget to follow all the instructions as far as submitting it with paid postage and making three copies of everything.

We are a licensed and bonded legal document preparation firm that specializes in divorce.  We are headquartered in Santa Clarita, California and serve all the courts.  Give us a call for more information.