How To Prepare Nullity Of Marriage | Santa Clarita Divorce

How To Prepare Nullity Of Marriage | Santa Clarita Divorce

Hi! This is Tim Blankenship, owner of SCV Legal Doc Assist. We’re a licensed and bonded legal preparation service, headquarter is at Santa Clarita and serving all of California.

Today I want to talk to you about completing a nullity of your marriage.

We recently successfully helped this client and his wife complete a nullity of their marriage and this was based on having a prior existing marriage. The wife got a prior existing marriage. She got married; it was a 6 year marriage. They’ve been separated for several years and have three kids together and we’re able to help them get their divorce nullified because the spouse was married at the time she got married to this gentleman.

That’s one of the reasons that a marriage can be avoided.

This couple had actually spent over $25,000 prior to obtaining services to help them with an attorney trying to get this done and they were unable to successfully negotiate that. We were able to do that for a flat fee. Both spouses were in agreement which was obviously helpful. They were not contesting it. If it were contested you’d probably need an attorney because one party is going to argue that it shouldn’t be nullified and the other one wants it nullified. In this case, both parties were in agreement. They gave all their testimony to that effect as well as preparing declarations indicating that they were in agreement; that they have the divorce nullified and that the spouse was married prior to getting married again.

So we were able to get that done for them for a flat fee. In most cases, if you’re going through nullity of marriage, you’re probably going to, at least, need a consultation with an attorney, and if it’s going to be contested, you certainly will need an attorney.

I’d work for a law firm for several years and not once did we have a nullity come through our office. So we’re pretty happy when we’re able to successfully get this judgment of this nullity of marriage done being a non-law firm and you’re doing it for a cost that is affordable for these clients after spending so much money with an attorney.

My name is Tim Blankenship, owner of SCV Legal Doc Assist. We specialize in divorce and family law. If you have any questions, please give us a call, you can reach me directly at 661-281-0266.

Thanks!

What Does Personal Service Mean | Santa Clarita Divorce

What Does Personal Service Mean | Santa Clarita Divorce

Hi there! This is Tim Blankenship owner of SCV Legal Doc Assist. We’re a licensed and bonded legal document preparation service and we do specialize on only divorce. We can help you anywhere in California.

Today were going to talk to you about what is personal service.

I have the court’s website here; you can read along if you like. I’m just going to go over a bit and explain exactly what personal service is.

Now, this is in regard to divorce. It could be different in other civil cases, so just keep in mind; this is only in regards to divorce. Now we’ve previously talked about who can be a process server/who can act as a process server.

And in this article, we’ll be talking about what it means to personally serve and when you might need to use personal service.

In the divorce case, there are certain things that need to be served by person and some things that can be served by mail. But in personal service, it’s pretty self-explanatory—it’s someone personally serving it.

Just make sure you’re not a party to the divorce, so you have to have some other third- party serving the paperwork, and to do it personally means to personally have them the paperwork.

Now some things to know about, if you’re going through divorce and you’re going to have a friend, a neighbor or someone like that to serve your papers instead of using, say, a processor, they’re going to have to fill out the proof of service. So just make sure if it’s a friend or relative or something, they’re going to know who this person is, what they look like and so forth. So they’re going to know who that person is, who they’re handing the paperwork to. Just make sure that when they’re done, that they mark time, the date and location and their name and they sign a proof of service indicating that your spouse was served.

That way, you can file that form with the court and that’s what actually kicks off the divorce process and start the six (6) month waiting period.

Now, it happens on occasion when one of the spouses won’t accept the paperwork.

What happened if you have your friend or relative hand your spouse’s paperwork and they refuse to receive it or they slam the door on their face or they threw it on the ground or they tear it up—it doesn’t matter. It says here that if the party being served does not want to take the paperwork, they can be left on the ground in front of him/her. If she/he takes the papers and tears them up or throws them on the ground, it is still considered to be a valid proof of service. The person being served does not have to sign anything and that’s probably the most important thing. It’s not what they have to sign and acknowledge receiving it, it’s just someone has to stand there and hand them and if they don’t receive them, just drop them on the ground and your still going to fill up the same proof of service saying that you served so and so on such date at this time and at this place.

If you have any more questions about proof of service or if you’re looking for a company to professionally prepare your divorce papers, please give us a call.

 

How To File Divorce Papers By Mail | Santa Clarita Divorce

How To File Divorce Papers By Mail | Santa Clarita Divorce

Hi! This is Tim Blankenship, owner of SCV Legal doc Assist. We’re a licensed and bonded legal document preparation service, specializing in divorce.

Today, we’re going to talk about how to file papers by mail with the courts.

The courts are very good, believe or not, about accepting your fillings by mail. So if you’re not near your local family law branch, for instance, we’re located at Santa Clarita and the Santa Clarita Valley does not have a law court, believe it or not, as big as we are.

So our closest court would be the San Fernando branch and personally, I don’t like driving down to San Fernando if I don’t have to, I do on occasion to volunteer and so forth. But for the most part, I mail file all of my documents.

So if you’re working with us, you can expect that all of the forms that I file would be by mail. Unless I have a whole bunch of new cases to go down there and file, I will, but other than that, I like to mail my documents in.

So, in this article, I wanted to show you how you are going to go about doing that. Now it’s not going to be much different that if you were to file your papers by driving down there. But the way that gas cost these days, you can put a 44 cents stamp on it and think you’re going to be better off.

When you want to file by mail, let’s talk about filing your initial divorce paperwork.

Let’s say, you just want to start your divorce case and you haven’t filed anything, you don’t have a case number or anything. So, what you’re going to want to do is get your summon and your petition and all the forms you need to file for divorce.

You’re going to hole punch them, staple them and make copies (you want to mail down 2 copies of every form). What you’ll do is you’ll take, say your summons, hole punch it and this would be your original. You’re going to sign it and you’re going to make 2 copies. You’re going to take those, the copies of everything.

You’re going to have your summons in two copies, your petitions in 2 copies and any other form that’s required by your court. You’re going to do the original, hole punched, and then you’re going to have 2 copies. You’re going to mail that to the court.

Now, the court is going to get that. We’re talking to government officials, so let’s make sure we tell them what we want them to do. I always send a cover letter down with anything I file, even if it’s a proof of service, I send a letter;

I just write a letter and say:

To: Clerk of The Court, Please find the enclosed documents, if it’s a new case, please find a new case for a family law filing. Enclosed you’ll find the following documents: summons, petition (and anything else you’re sending them and then ask them to please send you a conformed copy of the filing in the self-addressed stamped envelope).

So what that means is yes, you’re going to need to send a self-addressed stamped envelope, if you expect to get anything else and know that you’ve sent them back in the court. They’re not going to mail it to you otherwise, you’ll have to go down and pick it up.

So make sure you send down, with your cover letter and all you originals and copies, a self-addressed stamped envelope with sufficient postage for the items you’re going to mail back.

Now remember, you’re going to have copies of up to 5 forms, you have 2 copies coming back to you, so you may want to weigh those or just throw in a bunch of stamps to make sure you’re going to get those back because it’s really important that you want to make sure you get your filing back because once you send a new case down there, a good luck having them located if you don’t get your copies back.

You can file your papers by mail and this includes, again, like we just discussed, your entire new case or if you have proof of service or anything else you serve, just make sure you send a cover letter, the original which is hole punched, copies and a self-addressed stamped envelope and I’ve never had a problem filing divorce cases or getting copies of filed documents that I’m filing with them and getting copies back from the court.

Again, this is Tim Blankenship. I’m a licensed and bonded legal document preparation service. I specialize only on divorce.

We are centrally located in Santa Clarita, California. We can help you anywhere across Los Angeles and California, please give me a call (661-281-0266) or you can find us at divorce661.com.

Who Can Serve Divorce Papers | Santa Clarita

Who Can Serve Divorce Papers | Santa Clarita

Hi there! This is Tim Blankenship, owner of SCV Legal Doc Assist. We’re a licensed and bonded legal preparation service and we do specialize in the divorce process.

Today, we are going to talk about who can be a process server, who can you use to serve your divorce papers essentially.

I wanted to give you the court’s version of who can be a process server and what they consider to be about process’ service when it comes to your divorce.

Now, what we’re talking about here is serving the initial divorce documents, so this would be your summons and petition in particularly. So, looking at the court’s website, we’ve identified a process server as the ‘server’ or the ‘process server’ can be a friend or relative, a coworker, a county sheriff or marshal, professional process server, or anyone over 18 who is not part of the case.

So, when it comes to divorce, this is a very important aspect right here. This essentially means, you cannot serve your own divorce paper, you cannot hand your divorce paperwork to your own spouse. It may make the most sense especially in many cases where husband and wife are still living together.

When you file for divorce it may seem silly to have to get someone else, another third party, to hand the paperwork done for them so they can then hand the paperwork to your spouse, but if you don’t do that, you’re not going to have an effective process of service. You cannot serve your own spouse—I just want to make that very clear.

Make sure that the person is not party to the case. In divorce, if it’s not you or your husband, it can pretty much be anyone else as long as they’re 18 years of age and make sure that they know how to fill out the proof of service of summons.

When you work with our service, our legal document preparation service for your divorce, we will take care of all that. In fact, we don’t even like to use the process of having a process server go out or using the proof of service.

We use what’s called a Notice and Acknowledgement of Receipt. It’s an easier way and a cost effective way because you don’t have to hire a process server to server the divorce papers.

If you’re looking for a professional, licensed and bonded legal preparation service, please give us a call. You can find us at divorce661.com, or any of our websites. We do specialize in the divorce process. We provide a 100% online divorce solution, so any in Los Angeles County or California for that matter, we would be happy to help you out. You can reach us at 661-281-0266.

What Is A No Fault Divorce | Santa Clarita

What Is A No Fault Divorce | Santa Clarita

Hi there! This is Tim Blankenship owner of SCV Legal Doc Assist. We’re a licensed and bonded legal document preparation service specialized in the divorce process.

Today, we’re answering the question ‘What is a “no fault” divorce?’ and ‘Is California a “no fault” divorce state?’.

So, because I’m not an attorney, I can’t give legal advice and whenever I feel that it’s kind of on the edge, I will always give you the information but I’ll point you to where I found it. So it’s not me giving you the advice, technically, it’s the court.

Today we are answering this question using the California court (judicial branch of California) website– Frequently Asked Questions and let’s see what they say about what is “no fault” divorce.

In California, says, a “no fault” divorce is any divorce where the spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong.

California is a “no fault” divorce state, which means that to get divorced in California you NEVER have to prove that the other person did something wrong. To get a no fault divorce, 1 spouse or domestic partner has to state that the couple cannot get along. Legally, this is called “irreconcilable differences”.

Now, this is interesting because I get calls and on occasion the spouses contacted me wants to tell me what they’ve done or what the spouse has done and why they’re getting divorce and they want to file first because they feel there’ll be some advantage. Well, there is no advantage to filing first. Second of all, the courts honestly don’t care what reason, even if you don’t have a reason at all to get divorced. All you have to do is mark this box saying irreconcilable differences and there’s no proof.

They’re never going to ask you on what’s going on or why can’t you get along. They don’t care. That’s why it’s called a “no fault” divorce and California is a “no fault” divorce state. So you don’t have to ever reason to get divorced.

If you’re looking for an affordable way to get through your divorce process, please give us a call or visit our website for more information.

Thank you!

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

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.

How To Complete California Divorce Petition | Santa Clarita Divorce

Hello again, this is Tim Blankenship, owner of SCV Legal Doc Assist. Today we’re going to be doing a how-to video on how to prepare the petition for divorce.

The county of Los Angeles says that there are two forms that you need to file in order to initiate a divorce in California. So we’re going to, in this video, just discuss the petition alone, and there’ll be future videos on the other forms as we move along here.

Now, we are a legal document preparation service. We specialize in the divorce process in all of California. And you can see we have dedicated websites throughout Los Angeles County based on your area code; and if you’re looking for specific information regarding the divorce process, specific court information in your local area, please use one of our websites you see on your screen now or give us a call for information.

In the video below we mention that we are virtual for purposes of assisting folks throughout California, however we do have offices in Santa Clarita, CA.  The text of this post is the transcript of the video.

We are a full service document preparation service that means we can help you regardless of your location in California, we do serve all the courts in California, and if you’re looking for assistance through the divorce process, get your paperwork completed, and not have to step foot into an office and do it completely online, we’re your firm.

So let’s move on. Again, this is probably our 5th or 6th video in how-to and this is for people going through the divorce process without attorneys, who are in pro per, representing themselves, we’re trying to make it easier to find this information so they can get through the process; and if not, use our service if they need an affordable way to have someone professionally prepare the paperwork.

So today we’re going to talk about just completing the petition.

If you’ll note here on the LA County website, as far as the steps you’ll see here that the petition FL-100 is one of the forms that you need to complete, so we’re gonna talk about that specifically today.

So, let’s pull up the petition here, that’s not it, okay here’s the petition, FL-100, this is one of the first forms that you’ll need to complete; and if you’re representing yourself, I’m just gonna go through this and have you follow on, you can pause the video if you’re actually doing this on your own, not a problem.

So you’ll be John Smith, and 123 Main Street, and you put your city, state, and zip here, your phone number, you just punch this in here.

If the court needs to contact you it’s important you have that in here. Your email address, you can put that in if you want; not necessary, it’s optional. Here for attorney you’re gonna say In Pro Per, or some people put Self-represented, your choice.

And, you’re going to be Superior Court of Los Angeles. For court address we can use the, let’s use our San Fernando branch, 900 Third Street, and that is the North Valley branch. Petitioner, you’re gonna put your name here if you are filling this out. This would be your spouse’s name here. And case number, you won’t have one yet, ‘cause you’re just filing the paperwork.

You were filing for dissolution of marriage, that means divorce. If you have lived as a resident of the state for the last six months you’re gonna mark this box, if your spouse has also been here for the last six months you can also mark that box as well.

Put in your date of marriage, here you’re gonna put the date of separation, and then give us a total, years and months. If you have minor children, you’ll mark this box, but if not you mark this box, but if you do, you’re gonna put in the name, date of birth, age, male or female, and you’ll also have to do another form this UCCJEA if you have minor children; we’ll discuss that in another video altogether.

Separate property: here you can identify property which you consider to be separate. We’ll talk about separate property, community property in other videos. We use some boiler point language when we professionally prepare your documents with this company; otherwise you can itemize separate property here, you can say you want it to be confirmed to yourself, so you say confirm to petitioner, and again you can put the property in here if you like.

Page 2 of the divorce Petition

Page two, you’re going to indicate your community property that property assets and debts that you accumulated during marriage. Again, you can use the boiler point language that we use if we are preparing your forms or you can indicate what that community debts are; generally speaking though, for community assets and debts there won’t be enough room here to do so; and you can use language that essentially says you’re gonna supplement your financials down the road.

You’re gonna request dissolution of marriage based on irreconcilable differences, this is generally, this is all I have done, and this is ninety-nine percent of the time it’s gonna be irreconcilable differences. The courts don’t care your reason for divorce, just that it’s irreconcilable.

Alright, so this is going to be regarding some more of you’re asking for the court, legal custody regarding the children, if you want it to be joint you mark this box, if not you can say you want legal custody, to you, physical custody to you, or you can just do joint, it’s completely up to you.

These forms, again we’ll do a videos on these forms, but these are attachments to the petition that you, some of these are for say, child custody, visitation orders, holiday schedules, and things of that nature.

You can ask the court to terminate jurisdiction and ability toward spousal support to the other spouse. You can ask for property rights to be determined. And if you’re the wife and you want your name back, you can say I want to go back to my former name and you can put that here. So this covers the petition, just make sure you date it, you sign it, and put your name here. And this is how you complete the petition.

Again, my name is Tim Blankenship, owner of SCV Legal Doc Assist, providing self-help legal services, specializing in divorce in all of California,

please give a call if you’d like your forms professionally prepared, and if not enjoy the videos and hopefully they’re helpful and representing yourself and getting these forms completed.

So please give me a call if you have any questions, you wanna find out some of our affordable pricing, schedules for preparing your forms; other than that I’d be happy to help you or simply enjoy the videos. The next video will be on the summons so keep on watching if you’re moving through the process with us and I hope you have a good day.

California Divorce Self Help Video Tutorials

Hello there! This is Tim Blankenship, owner of Divorce661.com , and I just wanted to talk to you today a bit about the divorce videos that we’re working on.

We’re working on an entire video library; I guess you could call it where we’re going to go through step by step of the divorce process. We’re going to use the court’s websites as a guide, so we’re not instructing you based on our knowledge, ‘cause technically we can’t, but I can look at the court website and I can go through their website and look at what they’re saying to do, and then I can show you what they’re telling you to do and do it on video so it makes it easier for you to get through your divorce process if you are looking to represent yourself.

Now, we are a licensed and bonded legal document assistance firm in Santa Clarita and serve all the divorce courts in California.

We are doing this as a community service, so hopefully you can get to use the divorce videos and get through the divorce process on your own if you like. However, if you’re looking for a professional company who’s licensed by the county of Los Angeles to prepare your divorce forms, we welcome you to give us a call and find out about our affordable services.

Today I’m just going to show you where you can find those resources; I’m gonna take you to our sites here, our divorce661, and as you saw on the previous screen we do have a website for each specific area code in Los Angeles county where you can get site-specific information for local courts.

Today we’re talking about the divorce661 website here in for Santa Clarita and all of the 661 area codes and I wanted to show you where you can access all of our divorce videos and how-to videos and how to get divorced.

So, what you do is go to divorce661.com, click on Divorce Videos, and then you’ll just page down and all our videos that we’ve uploaded to YouTube are automatically brought to our website. So if you’re looking for a single source, you can either use YouTube channel and view the videos there, or you can go to our website here and you can find all the videos that we’ve prepared.

Now, we just got started on this process, and again we’re going to do a video on how to prepare each and every divorce form, so obviously it’s going to take some time to get all of that done, but eventually we will have several hundred videos on this site.

Our YouTube channel will be organized so that you can find the video forms on our video channel through YouTube, where if you’re the respondent, or the petitioner, or how to prepare the judgement and so forth, all of that will be on here.

But for now you can find all these videos on our website, we will have these on all the websites eventually; right now they’re just on the divorce661 website, and as you can see we probably have a good 250 to 300 videos right now, anything from how to prepare a divorce summons, how to serve divorce papers, the divorce process in general; you can click on these, and you’re going to get the video to pop up, you can watch it right here on-screen.

So, we hope this has been helpful, and we hope you are able to use our website as a resource for information on divorce and getting through the process.

And if you’re looking for a professional company, we would hope you would think of us. We are the only license and bonded legal document preparation service in Santa Clarita that specializes in divorce. And again, we work all throughout California and serve all the divorce courts.

Also, we’ve worked with the law firms, and we’ve worked in the court systems and the self-help centers so we have tons of experience to get you through the process, and we think you’d really like our affordable divorce service.

So again, Tim Blankenship, divorce661, we hope you enjoy the videos, either on our YouTube channel or on our website. If you have any questions, you can more information off our website or please feel free to give me a call. Thank you.

 

007 DMR | Why Preparing Your California Divorce Judgment Is Difficult

007 DMR | Why Preparing Your California Divorce Judgment Is Difficult

In this episode we discuss the issues associated with attempting to complete your divorce on your own in California. Specifically, we discuss the issues you will face when attempting to complete your divorce judgment.

The judgment is the last thing you will file with the court and will prove to be the most difficult. Not only because there are a lot of forms and the forms are confusing,  but because this will be the first time anyone at the court actually looks at any of your documents and reviews them.

If you make even one simple mistake on your divorce judgment, the court will reject the entire case and send everything back to you.  This can have a significant delay on when your divorce is actually finalized, because it generally takes the court at least a couple of months to review your case each time you submit the judgment.

Here is a brief list of some of the reasons why your California divorce judgment might get rejected:

  1. You missed a check box
  2. Wrong forms
  3. You didn’t follow procedure
  4. Not enough copies of forms sent to court
  5. Missing forms
  6. Didn’t include postage on the necessary envelopes
  7. Didn’t include any envelopes
  8. Didn’t notarize the Judgment
  9. Asked for something in Judgment, you didn’t ask in the Petition

As you can see, there are some really ridiculous reasons the court will reject your judgment.  We go into more detail on these rejection reasons, and more, but what we want you to take from it is that it does not take much to get your divorce file rejected.

 

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Will I Have To Go To Court For My California Divorce

Will I Have To Go To Court For My California Divorce

Hi! My name is Tim Blankenship, owner of SCV Legal Doc Assist. We are licensed and bonded legal document assistant firm specializing in divorce.

Today, I want to talk to you about how to avoid court when going through the divorce process in California. Many of the calls we get from our clients ask us “Tim, why have to go to court?”, and that all depends on a couple of things and there are some things we could do to help prevent you having to go to court.

Many times, when you go through an uncontested divorce case, the courts or the self-help centers, will want you to deal what’s called a ‘default judgment’.

A default judgment is where only one spouse participates in the divorce, the other spouse does not respond nor do they enter into an agreement.

We’re finding in many cases on these default judgments because the other party has not been involved whatsoever, the judge will often times ask the one party that’s initiated the divorce to come into court to explain the distribution of assets and debts.

Now, I will talk to you about another way of going through the divorce process that accomplishes exactly the same thing with a much less likelihood of having to go to court.

This is called the hybrid judgment. The hybrid judgment is very similar in that the other party will not file a response. However, the other party will enter into a written agreement.

Now when the court sees this judgment, they realize, while the other spouse did not respond, they’re still participating and have entered into an agreement and that agreement has been authorized. When that’s the case, even if the assets and debts have not been distributed evenly, that agreement has been authorized.

When that’s the case, even if the assets and debts have not been distributed evenly, they understand that there has been an agreement and that the parties have the best interest in mind of each other, they will not generally ask you to come to court when you have entered into an agreement in the judgment.

If you have further questions about the hybrid judgment or how to avoid going to court during divorce, please give us a call at 661-281-0266.