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

Posted by Tim Blankenship on

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 Divorce Resources, Tips & Help | California Divorce Service

Posted by Tim Blankenship on

Hi this is Tim Blankenship with divorce661.com. This is a transcription of our divorce master radio broadcast.

In this broadcast. We discuss some California divorce tips, tricks and helpful advice. We also will be discussing where you can find free online legal reference materials.

Beginning of transcription.

Hello everybody this is Tim Blankenship with divorce661.com. Today we’re talking about the California divorce process and specifically where you can find some free help and legal reference materials.

There are many ways you can access free information on the Internet for the California divorce process, but many times people find it hard to understand.

Listen to internet radio with Tim Blankenship on BlogTalkRadio

Basically what we have done is taken the information from the courts websites and explained it in understandable terms. We have done this by placing helpful tutorials on our YouTube channel, as well as on audio on both our podcasts and blog talk radio show.

Speaking about our blog talk radio show, these make sure to join us Wednesday evenings at 6 PM Pacific on divorce master radio which if you’re listening to on this blog, you’re most likely listening to a archived version of the show.

So let’s start talking about some of the helpful resources on our website. If you go to our blog at divorce661.com you’ll notice that we have a legal resources tab. If you click on this tab, you’ll see that we have over 20+ links to various court websites that will help you do everything from researching case law to finding free family law forms for your divorce in California.

For instance, some of the links you can find are the California Rules of Court, California family law codes, failing to determine how much the divorce filing fees are in your county, California case law, free online legal research using find law, and how to look up your divorce case summary.

We also have links that link directly to the California Superior Court websites that will take you directly to information such as learning about the basics of divorce, the steps for filing for divorce, how to respond to a divorce filing, how to complete your divorce case, and other frequently asked questions.

The reason we provide all this free information and resources is we know that there are people out there that don’t have the financial resources to hire a professional legal document preparation service such as ours. For those people who want to make it easy to access information and explained the legal process and forms in understandable terms.

For those people looking for a licensed and bonded legal document preparation firm that specializes in California divorce such as us this information serves as a useful tool to help these potential clients of ours find our service online. So you can see that by providing this free information on California divorce, we both attract new clients and help those looking for free information about the California divorce process.

Make sure to go to our blog at divorce661.com and get direct access to free information and helpful tips on the California divorce process.

My name is Tim Blankenship I’m a licensed and bonded legal document preparation firm specializing in California divorce. We can help you with your California divorce anywhere in the state of California. Please take the time to read our website. Watch our YouTube videos and listen to our podcasts and when you’re ready please feel free to give us a call, would be happy to help you complete your California divorce.

End transcription.