How To File California Divorce Request To Enter Default | Los Angeles

Posted by Tim Blankenship on

 

How To File California Divorce Request To Enter Default

Filing for divorce in California comes with specific rules and timelines that are crucial to understand if you want your case to proceed smoothly. One important step in the process is the Request to Enter Default, which can be a bit confusing if you’re handling your divorce on your own. In this article, I’ll walk you through everything you need to know about filing a Request to Enter Default in California, including when and how to file it correctly to avoid delays or rejections.

Understanding the Divorce Timeline and Jurisdiction

When you file for divorce and your spouse is served with the divorce papers, the date of service marks a significant milestone. This date is essentially the starting point for your divorce case in terms of jurisdiction and timing. For example, if your spouse was served on November 4, 2013, two important things begin on that exact day:

  • Your divorce cannot be finalized for at least six months from the date your spouse was served.
  • The clock starts ticking on when you can file your Request to Enter Default.

This six-month waiting period is non-negotiable and is designed to give both parties time to consider the dissolution of marriage.

What Is a Request to Enter Default?

A Request to Enter Default is a legal form you file when your spouse does not respond to the divorce petition within the required timeframe. There are two main scenarios for filing this request:

  1. True Default: This happens when your spouse has been served but fails to respond or participate in the divorce process.
  2. Hybrid or Default with Agreement: This occurs when there is some agreement between the parties, but the case still needs to move forward as a default.

In this article, we’ll focus primarily on the true default scenario, which involves strict timing rules.

When Can You File the Request to Enter Default?

This is where many people get tripped up. You cannot file the Request to Enter Default until at least 30 days have passed from the date your spouse was served. It’s important to note:

  • You cannot file the request even one day before the 30-day period ends.
  • It’s safest to wait 31 or 32 days before submitting the form to ensure you meet the requirement.
  • The date that matters is the date you date the form, not the date you submit it.

For example, if your spouse was served on November 4, you cannot date the Request to Enter Default form any earlier than December 4. Even if you submit the form after 30 days but date it earlier, the court will reject it.

Common Pitfall: Dating the Form Too Early

We’ve seen clients who tried to prepare all their divorce paperwork—including the Request to Enter Default—on the same day they filed the case and served their spouse. They dated the Request to Enter Default form on the filing date, which is before the 30-day waiting period ended. As a result, their request was rejected by the court.

The court clerks or judicial assistants do not check when they receive the request; they only look at the date on the form itself. If that date is less than 30 days after service, the request is automatically rejected.

Request to Enter Default vs. Default with Agreement

While this article focuses on the true default case, it’s worth mentioning the other type of default filing: the Request to Enter Default with Agreement or hybrid default. This type of request is filed differently:

  • You do not wait for 30 days after service to file it.
  • The request is typically submitted alongside your judgment papers.

So, if you and your spouse have reached an agreement but one party has not formally responded, you’ll handle the request differently than the true default process.

Final Thoughts

Filing a Request to Enter Default is a critical step in a California divorce when your spouse does not respond. Remember these key points:

  • The 30-day waiting period after service must be strictly observed.
  • Don’t date your Request to Enter Default form before the 30-day mark.
  • Be aware of the difference between a true default and a default with agreement.

If you’re unsure about the process or want to avoid common mistakes, it’s always a good idea to consult with a professional who specializes in California divorce cases. Proper preparation can save you time, money, and frustration.

If you need assistance with your California divorce, feel free to reach out to me, Tim Blankenship at Divorce661. We offer professional divorce services at an affordable fixed price to help you navigate your case with confidence.

 

How to Complete California Divorce Form FL-160: A Step-by-Step Guide | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Complete California Divorce Form FL-160: A Step-by-Step Guide

Filing for divorce in California involves several important legal documents, and one of the most crucial forms you’ll encounter is the Property Declaration Form FL-160. Understanding how to accurately complete this form can make a significant difference, especially if you are navigating a default divorce case. This guide will walk you through everything you need to know about filling out FL-160, based on insights from Tim Blankenship of Divorce661, a licensed and bonded legal document preparation firm specializing in California divorces.

Why the FL-160 Property Declaration Form Matters

The FL-160 form is essential because it details the division of property and debts between spouses. California is a community property state, which means that assets and debts acquired during the marriage are generally divided equally. The courts require this form to ensure an even distribution of property and debts, especially in default cases where one party may not be actively participating.

Tim emphasizes that the form was recently updated as of July 1, 2013, so it’s important to use the latest version to avoid any filing issues. The form is typically used in default divorce cases or during the request to enter default phase, where financial disclosures are necessary.

When to Use FL-160

  • Default Divorce Cases: When one spouse does not respond or participate, this form helps the court understand the property division.
  • Request to Enter Default: Before filing a true default, you submit property declarations as part of the initial default request.

Keep in mind, two separate FL-160 forms are usually required:

  1. Community Property Declaration: Covers assets and debts acquired during the marriage.
  2. Separate Property Declaration: Covers assets and debts owned before the marriage or after separation, which are not subject to division.

Filling Out the Community vs. Separate Property Declaration

Understanding the difference between community and separate property is fundamental:

  • Community Property: Anything acquired during the marriage—whether an asset or debt—is generally considered community property and subject to division.
  • Separate Property: Assets or debts owned before marriage or obtained after separation that remain solely with one spouse.

When completing each form, you’ll need to provide detailed information about each item:

  • Item Description: Clearly state what the asset or debt is (e.g., real estate, furniture, jewelry, vehicles, boats).
  • Date Acquired: Month and year are sufficient. This date determines whether the item is community or separate property.
  • Fair Market Value: Use a realistic value, such as what you might get at a garage sale, rather than purchase price or online sale value.
  • Amount of Debt: List any debt owed on the item.
  • Net Fair Market Value: This is the fair market value minus any debt.

Example of Net Fair Market Value Calculation

If you have an asset worth $100 but owe $50 on it, the net fair market value would be $50. This figure is important because it reflects the actual equity in the property.

How to Propose Division of Property

On the community property declaration, property and debts should be divided equally, generally 50/50 between the petitioner and the respondent. For example, if you list an asset valued at $100, you would propose $50 for each party.

However, you can specify if you want to keep a particular item. For instance, if you want to keep a $100 watch, you might allocate the full $100 value to yourself and $0 to the other party. Just be sure that the total community property division balances out to an even split overall.

Tim explains that the court is very particular about this equal distribution and will review the totals at the end of the form to ensure the assets and debts are divided fairly, almost to the penny.

Tips for Completing and Submitting FL-160

  • Complete both the community property and separate property declarations, even if you have no property to declare. Simply write “None” in every field to show the court you did not overlook this step.
  • Use the most recent version of the form to avoid processing delays.
  • Be honest and accurate with values and debts; the court relies heavily on this information to make fair decisions.
  • If you’re unsure of how to value an asset, err on the side of a conservative estimate like a garage sale price, as this is generally acceptable.

Final Thoughts

Filling out the California Divorce Form FL-160 may seem daunting, but with a clear understanding of community versus separate property and careful attention to detail, you can complete the form effectively. Remember, the court requires a nearly perfect 50/50 division of community assets and debts, so take your time to ensure everything balances out.

If you need assistance or professional help with your divorce paperwork, consider reaching out to a licensed and bonded legal document preparation firm like Divorce661. Their expertise can help simplify the process and ensure your documents are submitted correctly.

For more detailed guidance and support, you can contact Divorce661 at 661-2867 or visit their website at divorce661.com.

 

How To Complete Divorce Petition FL-100 (2024 Forms) | Los Angeles Divorce

Posted by Tim Blankenship on

 

How To Complete Divorce Petition FL-100 (2024 Forms)

Filing for divorce in California can feel overwhelming, especially when it comes to completing the necessary legal paperwork. If you’re preparing to fill out the FL-100 Divorce Petition form, it’s crucial to get it right the first time to avoid delays or rejections. This detailed guide breaks down the 2024 FL-100 form step-by-step, highlighting common mistakes and offering practical tips to help you file correctly and confidently.

Getting Started: Consistency Is Key

Before diving into the form, one critical point to remember is consistency—especially when it comes to names. Whatever name you use on the petition must be used exactly the same on every other document, including the summons and all subsequent paperwork. Variations such as adding a middle initial, using a maiden or hyphenated name inconsistently, can cause your petition to be rejected. If you’re using software to fill out your forms, this issue is less common since names auto-populate, but when filling out forms by hand or typing individually, double-check for exact matches.

Filling Out the Petition Form: Step-by-Step

1. Petition Type and Legal Relationship

Start by marking the appropriate box for your case type. Most cases—about 99%—are for dissolution of marriage. If you’re filing for legal separation or ending a domestic partnership, select those options accordingly, but never multiple at once. For example, if you were in a domestic partnership and later married, only mark “dissolution of marriage” on the petition, since that will also dissolve the domestic partnership.

2. Residency Requirements

One of you must have lived in California for at least six months and in the county where you’re filing for at least three months. Mark the box that applies to either you or your spouse—only one person needs to meet this requirement to proceed.

3. Dates: Marriage and Separation

Provide the date of marriage and date of separation. If you haven’t physically separated or don’t have a specific separation date, use the date you are filling out the form or an earlier date—never a future date. Also, include the length of the marriage in years and months. Many people skip this, but it’s important to complete these fields accurately.

4. Minor Children Information

If you have minor children, list their full names (using the same format consistently throughout all documents), dates of birth, and ages. You can add up to five children on the form; if you have more, use a continuation form. If you’re expecting a child during the divorce process, there’s a checkbox to indicate an unborn child as well.

Important: If any child was born before the marriage, you must check the box indicating a voluntary Declaration of Paternity has been signed. This is a legal document usually signed at the hospital, distinct from the birth certificate. If you don’t have this declaration, you can draft a stipulation with similar language accepted by the court.

5. Legal Grounds for Divorce

In California, the most common legal ground for divorce is “irreconcilable differences.” Mark this box and avoid selecting multiple legal grounds. If you are filing for legal separation instead of divorce, mark that box but still select irreconcilable differences.

6. Custody Requests

If you have minor children, do not skip this section. Here you request what type of custody you want, whether joint legal and physical custody or sole custody. Remember, these requests are not court orders but initial requests that can be modified later in a settlement agreement.

Pro tip: Joint custody does not necessarily mean a 50/50 timeshare. It simply means both parents have equal access and decision-making rights. For example, one parent might have 95% of the physical custody time, while the other has a smaller portion, but both share joint legal custody.

7. Child Support

Never mark the box saying you waive child support—this is not legally allowed. Child support is mandatory, and waiving it can lead to rejection of your petition. Leave this section blank or mark the appropriate boxes if requesting child support according to your situation.

8. Spousal Support (Alimony)

This section is for requesting spousal support at the time of filing. You can indicate whether support is payable to the petitioner or respondent, or if you want to terminate spousal support entirely (meaning no support now or in the future). If you don’t want support now but want the option in the future, mark that option accordingly.

9. Property and Debts

This is a common area where mistakes happen. Many people think they need to list every asset and debt on the petition itself, but this is not necessary and can be problematic. Including detailed lists with account numbers, vehicle information, and pension values makes this sensitive information public record, which is often unnecessary.

Instead, simply mark “none” if you don’t have separate or community property to report, or indicate that the parties intend to enter into a written agreement to address property division. If you have a lot of assets and debts, you can use a separate property declaration form, but be cautious about making it part of the public record.

Note: Separate property generally includes anything owned before the marriage or acquired after the date of separation. Community property includes assets and debts accumulated during the marriage.

10. Other Requests

  • Attorney’s fees: In amicable divorces, this is usually not an issue and often left blank.
  • Name change: If you want to restore your maiden name or any former name, state it clearly here.
  • Other: Only use this box if none of the above apply, and write “none” to avoid rejection.

Final Tips for a Smooth Filing Process

  • Always review your forms carefully before submitting to ensure consistency and completeness.
  • Remember that the petition contains your requests, not final court orders. Settlement agreements can override initial requests.
  • For amicable, cooperative divorces, you don’t need to attach parenting plans, holiday schedules, or other additional forms unless you want to.
  • If you’re unsure about any section or anticipate complications, consider consulting a legal professional to avoid mistakes that could delay your case.

Conclusion

Completing the California Divorce Petition FL-100 form correctly is essential to avoid delays and ensure your case progresses smoothly. By following this step-by-step guide and paying close attention to details like name consistency, accurate dates, custody requests, and property declarations, you can confidently file your petition.

Remember, the goal is to keep the process as straightforward as possible, especially in amicable divorces. If you need additional help, resources such as free consultations or full-service divorce solutions are available to guide you through the process.

Filing for divorce is a significant step, but with the right information and preparation, you can navigate the paperwork with clarity and ease.

 

FL 180 Form Instructions for California Divorce: A Step-by-Step Guide | Los Angeles Divorce

Posted by Tim Blankenship on

 

FL 180 Form Instructions for California Divorce: A Step-by-Step Guide

Completing the FL 180 form is a crucial step in finalizing your California divorce. Whether you’re navigating this process on your own or looking for detailed guidance, understanding how to correctly fill out this form—and the related documents—is essential to avoid delays and confusion. In this guide, I’ll walk you through the ins and outs of the FL 180, share insights on preparing your judgment paperwork, and introduce you to resources that can simplify the entire divorce process.

Understanding the FL 180 and Its Role in Your Divorce

The FL 180 is a core document used in California divorce cases. It summarizes the judgment details, including child custody, support orders, property division, and other key decisions. This form is part of the final paperwork that officially concludes your divorce.

Many people get stuck at this phase, often referred to as “Step 3” in the divorce journey, because it involves not just the FL 180 but several additional forms depending on your unique circumstances. If you have children, property, or other assets, you’ll need to prepare extra documents alongside the FL 180 to ensure your judgment is comprehensive and court-ready.

Step-by-Step Guidance on Completing the FL 180 and Related Forms

Filling out the FL 180 form correctly requires attention to detail and an understanding of your divorce specifics. Here’s what you should keep in mind:

  • Identify your case type: Different divorce cases—such as those with children, without children, or involving property—require different forms and considerations.
  • Prepare all necessary documents: Besides the FL 180, you may need to complete financial disclosures, custody agreements, and property division forms.
  • Serve the documents properly: Serving your forms according to California court rules is vital for your case to proceed smoothly.
  • Understand child custody and support issues: If applicable, make sure to clearly outline custody arrangements and calculate child or spousal support accurately.
  • Handle defaults and no-response cases: If your spouse does not respond or participate, there are specific procedures to follow to finalize your judgment.

How to Avoid Common Pitfalls and Save Time

One of the biggest frustrations in the divorce process is dealing with unnecessary paperwork or filing forms in the wrong order. For example, even if you don’t have property to divide, there are still certain forms you need to submit to satisfy the court’s requirements.

To help you avoid these common issues, I’ve developed a comprehensive Divorce Judgment Checklist. This printable PDF guides you through every form and step, tailored to your specific divorce situation. Whether you have children or assets, the checklist breaks down what you need and links to detailed instructional videos for each form.

Why Use a Checklist?

  • Streamlines the process: Know exactly what forms to prepare and when to file them.
  • Reduces mistakes: Avoid filing unnecessary documents and missing critical ones.
  • Saves time and frustration: Clear instructions help you move quickly through the paperwork.

Accessing Expert Help for Your California Divorce

If you’re feeling overwhelmed by all the paperwork and legal jargon, you don’t have to go it alone. At California Divorce Tutor, I offer a membership course for just $97 that walks you through every form—from the initial filing to the final judgment.

This course includes:

  • Detailed video tutorials on completing each form
  • Step-by-step instructions for cases with or without children and property
  • Guidance on serving documents and handling child custody and support questions
  • Support for navigating defaults and other common issues
  • Access to the Divorce Judgment Checklist and other helpful resources

Having worked with the court system, I know what judges expect and the best way to present your paperwork to avoid delays or confusion. The course is designed to save you time, reduce stress, and help you confidently complete your divorce judgment.

Final Thoughts

Completing the FL 180 and associated forms is a vital step in making your California divorce official. With the right guidance and tools, you can handle this process more easily and avoid common mistakes that cause frustration and delays.

Remember, every divorce case is unique, so it’s important to tailor your paperwork to your specific situation—whether that includes children, property, or other considerations. Utilize checklists, instructional videos, and expert advice to ensure your forms are accurate and complete.

If you want a reliable, step-by-step resource that covers all aspects of your California divorce paperwork, consider checking out the comprehensive course at California Divorce Tutor. For just $97, you’ll gain access to all the tools and knowledge you need to complete your divorce with confidence.

 

$97 Divorce – Organized Video Tutorials – Forms Provided – All Online | Los Angeles Divorce

Posted by Tim Blankenship on

 

$97 Divorce – Organized Video Tutorials – Forms Provided – All Online

Divorce can be a complex and overwhelming process, especially when navigating the legal paperwork and court procedures on your own. That’s why Tim Blankenship, the creator behind Divorce661 and California Divorce Tutor, has developed a comprehensive online self-help center designed to simplify the divorce process in California. With over eighty thousand views on his YouTube channel and hundreds of videos covering every aspect of divorce, Tim recognized a common frustration among his viewers: spending hours searching through scattered videos to find the exact guidance they needed for specific forms and procedures.

To solve this problem, Tim created an organized, step-by-step online training platform that covers everything from uncontested divorces to contested cases, motions, discovery, and even trial preparation—all for an affordable one-time fee starting at $97. Below, you’ll discover how this resource can help you complete your divorce efficiently and confidently from the comfort of your home or office.

Why an Organized Online Divorce Training is a Game Changer

Many people trying to handle their divorce paperwork on their own find themselves overwhelmed by the sheer volume of forms and legal requirements. Tim explains that although his YouTube channel offers hundreds of free videos, users often spent hours jumping between videos to piece together the information they needed.

“It took me hours upon hours because I had to search and search through YouTube, through your videos, other videos, trying to find the exact video I’m looking for to work through the divorce paperwork.”

To address this, the California Divorce Tutor website organizes all these tutorials into clear, focused modules. This means you no longer have to sift through hundreds of videos; instead, you can follow a logical, step-by-step path tailored to your specific case type and needs.

Four Comprehensive Training Modules Covering Every Aspect of Divorce

The online training is divided into four distinct courses, each designed to guide you seamlessly through different stages and complexities of divorce:

  • Uncontested Divorce: Step-by-step video tutorials on completing every form for uncontested divorce cases, including those involving children, property, child support, and spousal support.
  • Discovery Preparation and Response: Guidance on how to prepare and respond to discovery requests, a crucial part of contested divorce proceedings.
  • Motions and Requests for Orders: Training on filing motions, responding to requests for orders, and navigating court hearings related to custody, support, and other issues.
  • Trial Preparation: Detailed instruction on preparing for trial, including requesting a trial, mandatory settlement conferences, trial briefs, and more.

Each module includes every necessary form in fillable format, accompanied by video tutorials that walk you through completing each form line-by-line. Tim even shares templates and sample motions he has used in past cases, with sensitive information redacted for privacy.

Uncontested Divorce Module: A Closer Look

This foundational module guides you through everything you need to finalize an uncontested divorce. It covers:

  • Filing petitions such as the FL-100 form with detailed, narrated videos showing exactly how to complete every section.
  • Financial disclosures and related forms, ensuring you meet all legal requirements.
  • Handling child custody, visitation, and support issues with clear explanations and strategies.
  • Instructions on serving court forms properly to the other party.
  • Judgment forms and finalizing your divorce in court.

One standout feature is the floating navigation bar that stays visible as you scroll, allowing you to easily jump between forms and their respective tutorials without losing your place.

Flexible Access and Affordable Pricing

Understanding that divorce timelines vary, Tim offers flexible access options. Some courses provide 90-day access, which is ideal for motions and hearings that typically require shorter preparation periods. The pricing is straightforward and affordable:

  • One-time payment of $97 for most courses.
  • Access tailored to the expected duration of the legal process you are facing.

This affordable pricing makes professional-quality legal education accessible to those who want to handle their divorce themselves but need expert guidance.

Additional Benefits and Support

Beyond the structured video tutorials and fillable forms, signing up for California Divorce Tutor provides several valuable bonuses:

  • Private Facebook Group: Join a community monitored by Tim where you can ask questions and get support from both Tim and fellow members.
  • Weekly Live Q&A Broadcasts: Tim hosts live sessions on Periscope to answer real-time questions, helping you stay on track.
  • Free DistoMaster Report: A $200 value included at no extra cost. This report is essential for calculating child and spousal support accurately, helping you avoid unnecessary court appearances.
  • Ongoing Updates: If new questions arise, Tim often creates new videos to address them, ensuring the content stays current and relevant.

Take Control of Your Divorce Process Today

Whether you’re just starting your divorce journey or facing complicated contested issues, California Divorce Tutor offers a clear, organized, and affordable way to navigate the legal maze. With expert guidance, fillable forms, and a supportive community, you can confidently complete your divorce or related legal matters without the frustration of endless searching or costly attorney fees.

Tim Blankenship’s approach puts the power in your hands, helping you get through your divorce efficiently and with peace of mind. If you’re ready to take the next step, visit California Divorce Tutor and start your online training today.

Remember: Divorce doesn’t have to be overwhelming. With the right tools and support, you can get it done.

 

Trick Divorce Lawyers DON’T Want You To Know: Los Angeles Divorce Tips | Los Angeles Divorce

Posted by Tim Blankenship on

 

🔔The #1 Trick Divorce Lawyers DON’T Want You To Know: Los Angeles Divorce Tips

When navigating the complexities of divorce in California, especially in Los Angeles, many people find themselves overwhelmed by legal procedures and mounting costs. As someone deeply involved in providing full-service divorce solutions for amicable couples, I want to share a crucial insight that could save you both time and money. This simple yet powerful tip is something divorce lawyers might not openly share, but it can make a significant difference in your divorce journey.

Understanding the Legal Maze: Why Timing Matters

Just yesterday, I had an extraordinary day—six new clients came to me, all facing various stages of their divorce process. One client was literally on the verge of filing a response to a legal action when she reached out for help. I immediately told her, “No, you don’t need to file that response.”

That moment was a game changer for her. Instead of rushing to respond and spending an additional $435 on filing fees, she paused and reconsidered her next steps with professional guidance. This saved her a significant amount of money and stress.

Why Filing a Response Isn’t Always Necessary

Many people assume that once served with divorce papers, they must file a response immediately to avoid negative consequences. While it’s true that ignoring legal deadlines can lead to default judgments, there are strategic moments when filing a response isn’t the best move. Understanding this nuance can prevent unnecessary expenses and complications.

In some cases, taking a moment to consult with a divorce professional can reveal alternative pathways that keep the process amicable and cost-effective. This approach is especially valuable for couples aiming for an amicable separation in California.

How to Save Money on Your Divorce

Divorce costs can quickly add up, with filing fees, attorney fees, and other expenses. Here’s a straightforward tip to help you save money:

  • Consult before you act: Before filing any legal documents, get a professional opinion. Sometimes, what feels urgent isn’t legally required.
  • Understand your options: Not every step in the divorce process requires immediate action. Knowing when to pause can save you money.
  • Focus on amicable solutions: Working cooperatively with your spouse can reduce legal fees and speed up the process.

By following these guidelines, you can avoid unnecessary filings and save hundreds of dollars, just like the client who almost filed a response yesterday.

Get Expert Help: Your Divorce661 Resource

If you’re going through a divorce in California and want to avoid costly mistakes, consider reaching out for a free phone consultation. At Divorce661, we specialize in guiding amicable couples through a smooth, cost-effective divorce process tailored to California’s laws.

Whether you’re just starting or already deep into the paperwork, professional advice can help you navigate the process with confidence and savings.

Contact Information

Final Thoughts

Divorce is challenging, but it doesn’t have to be expensive or unnecessarily complicated. The #1 trick that many divorce lawyers don’t want you to know is that sometimes, you don’t need to rush into filing responses or other legal documents. Taking a moment to get expert advice can save you hundreds of dollars and a lot of stress.

Remember, knowledge is power—especially when it comes to your divorce. Don’t hesitate to reach out and explore your options before taking the next step.

“Thank God you called me today because I just saved you $435.” — A real moment that highlights the power of the right advice at the right time.

 

BIZARRE LOOPHOLE: Avoiding the 50/50 Division of Assets in Uncontested Divorce in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

💎 BIZARRE LOOPHOLE: Avoiding the 50/50 Division of Assets in Uncontested Divorce in California

Divorce often brings up many complex questions about how assets and debts are divided between spouses. In California, the general expectation is a 50/50 split of community property. However, there’s a lesser-known aspect that many people overlook: the court will not interfere if both parties agree on a different division. This insight comes from Tim Blankenship of Divorce661, an expert in California divorce law, who sheds light on how couples can avoid an equal split by reaching mutual agreements.

Understanding Asset Division in California Divorce

California is a community property state, meaning that assets and debts acquired during the marriage are typically divided equally between spouses upon divorce. This 50/50 division is the default legal position, designed to ensure fairness. However, this division is not absolute.

Tim Blankenship points out an important nuance: “The court will not interfere with your decision-making ability if you agree on it.” This means that if both spouses come to a mutual agreement on how to divide assets and debts—whether that means a different split or a creative arrangement—the court generally respects and enforces that agreement.

Why Do Most Divorce Cases Not End With an Equal Division?

In the majority of divorce cases handled by Tim Blankenship, clients do not end up with an equal division of assets and debts. This is because uncontested divorces often involve negotiation and compromise. Couples who collaborate or work through mediation can tailor their settlements to fit their unique financial situations and personal priorities.

  • Flexibility: Couples might decide that one party keeps certain assets while the other takes on more debt, balancing the overall value.
  • Personal Preferences: One spouse might want to keep the family home, while the other prefers to take retirement accounts or other investments.
  • Efficiency: Avoiding court battles by agreeing on asset division saves time, money, and emotional stress.

The Power of Agreement in Uncontested Divorces

When both spouses are on the same page, they can utilize this “bizarre loophole” to avoid the rigid 50/50 split. This is especially common in uncontested divorces where both parties want to expedite the process and minimize conflict.

By drafting a clear agreement about who gets what, the couple can present this to the court for approval. Since the court’s role is to ensure fairness and legality, it will generally honor agreements that are voluntarily made and do not violate the law.

Tips for Successfully Negotiating Asset Division

  1. Be Transparent: Full disclosure of all assets and debts is essential for a fair agreement.
  2. Communicate Openly: Discuss your priorities and concerns honestly with your spouse.
  3. Seek Professional Help: Consider mediation or legal advice to assist in drafting agreements that are clear and enforceable.
  4. Document Everything: Put your agreement in writing and have it reviewed by an attorney to avoid future disputes.

Conclusion

Dividing assets and debts during a California divorce doesn’t always mean a strict 50/50 split. Thanks to the flexibility allowed in uncontested divorces, spouses can agree on a division that better suits their individual circumstances. As Tim Blankenship explains, the court respects these agreements as long as both parties consent. This approach not only avoids unnecessary legal battles but also creates a smoother, more personalized divorce process.

If you are navigating a divorce in California, understanding this “bizarre loophole” could save you time, money, and stress. Always aim to reach a fair and mutually acceptable agreement with your spouse, and consult a qualified professional to guide you through the process.

 

Why Waiting to Submit Your Divorce Judgment is Mandatory| Los Angeles Divorce

Posted by Tim Blankenship on

 

⚠️Why Waiting to Submit Your Divorce Judgment is Mandatory! Los Angeles Divorce #divorce661

Navigating the divorce process can be stressful, especially when it comes to understanding the legal timelines involved. One common question many clients ask is, “Why do we have to wait before submitting the divorce judgment?” As someone who works closely with clients through every step of their divorce, I want to clarify why this waiting period is not just a formality but a mandatory part of the process, particularly in default cases.

Understanding the 31-Day Waiting Period in Default Divorce Cases

When a divorce is filed and one party does not respond, the case often proceeds as a default. This means the court moves forward without the respondent’s input. However, even in these situations, the court requires a waiting period of 31 days before the divorce judgment can be submitted and finalized.

This waiting period exists to give the respondent a fair opportunity to respond to the petition. While it might seem unnecessary if you know the other party will not respond—especially when you’re working directly with your attorney and you’re confident in the situation—the court itself doesn’t have that knowledge. The law mandates this waiting time to ensure due process is followed.

Why Is This Waiting Period Important?

  • Legal Fairness: The court must allow the respondent a chance to reply, ensuring the divorce decree isn’t issued without proper notice.
  • Process Compliance: Courts are bound by procedural rules, so skipping or shortening this period can cause delays or complications later.
  • Protecting Your Case: Waiting the full 31 days helps avoid any challenges or setbacks that could arise if the timeline isn’t respected.

What Happens During the 31 Days?

During this time, the respondent can choose to file a response to the divorce petition. If no response is received, the petitioner can then proceed with submitting the default judgment. This ensures that all parties have had the legally required opportunity to participate.

Even though it may feel like unnecessary waiting, especially when you know the other side won’t respond, this step is crucial to keep the process moving smoothly and avoid any future obstacles.

How We Support You Through This Process

At Divorce661, we understand the frustration that can come with waiting during your divorce. That’s why we work closely with you to keep things moving efficiently while respecting all legal requirements. Our full-service divorce solution is designed for amicable couples in California who want a smooth, straightforward process.

We make sure you understand each step, including why certain waiting periods are mandatory, so you feel informed and empowered throughout your divorce journey.

Final Thoughts

Waiting to submit your divorce judgment after a default case isn’t just a bureaucratic hurdle—it’s a legal safeguard designed to protect both parties’ rights. The 31-day waiting period ensures fairness and compliance with court procedures, helping your case proceed without unexpected complications.

If you’re going through a divorce in Los Angeles or anywhere in California, remember that patience during this waiting period is essential. With the right guidance, you can navigate this phase confidently and move towards finalizing your divorce smoothly.

For more information or to schedule a free consultation, visit Divorce661.com. We’re here to help you every step of the way.

 

Length of Separation Doesn’t Count in Divorce: Santa Clarita Divorce Explained | Los Angeles Divorce

Posted by Tim Blankenship on

 

😩 Length of Separation Doesn’t Count in Divorce: Santa Clarita Divorce Explained

When going through a divorce, especially in California, one common misconception is that the time spent separated automatically counts towards the mandatory waiting period before the divorce can be finalized. I’m Tim Blankenship from Divorce661, and I’m here to clarify an important legal detail you need to know: the length of time you’ve been separated does not count towards the six-month cooling-off period required by law.

Understanding the Six-Month Cooling-Off Period

In California, after you file for divorce, there is a mandatory six-month waiting period before the court can finalize your case. This waiting period is designed as a cooling-off time to allow both parties to reconsider, negotiate, or resolve any outstanding issues.

Many people assume that if they have already been living apart or separated for some time before filing, that time should count towards this six-month wait. Unfortunately, this is not the case.

Why Separation Time Doesn’t Count

The law is clear that the six-month waiting period begins only when the divorce petition is officially filed with the court and the other spouse has been served. This means that no matter how long you and your spouse have been separated before filing, the clock starts ticking only after the legal process has begun.

This rule helps standardize the process and prevents disputes over what constitutes “separation” time. It also ensures that both parties have sufficient time after filing to work through any legal and emotional aspects related to the divorce.

What This Means for You

  • If you have been separated for a year, two years, or longer before filing, you still need to wait six months from the date of filing to finalize your divorce.
  • Planning ahead is crucial. Don’t assume that your prior separation time will shorten the divorce timeline.
  • Use this waiting period productively to negotiate settlements, attend mediation, or prepare for court if necessary.

Additional Tips for Navigating the Divorce Process

While the six-month wait can feel frustrating, it’s important to understand it as a necessary part of the legal framework. Here are some strategies to make the process smoother:

  1. Gather Documentation Early: Organize financial records, property information, and any agreements you and your spouse have reached.
  2. Communicate Clearly: If possible, maintain open lines of communication with your spouse to resolve issues amicably.
  3. Seek Legal Advice: Consult with a divorce attorney who understands California law to guide you through the waiting period and beyond.
  4. Focus on Emotional Well-being: Divorce can be emotionally taxing. Use this time for self-care and support from friends, family, or professionals.

Conclusion

The bottom line is that the time you have been separated before filing does not reduce the mandatory six-month waiting period in a California divorce. Understanding this can help you set realistic expectations and plan accordingly during your divorce journey.

If you’re navigating a divorce in Santa Clarita or anywhere in California, keep this important fact in mind, and take proactive steps to make the process as smooth as possible.

For more insights and guidance on divorce topics, feel free to visit my YouTube channel Tim Blankenship Divorce661 where I break down legal concepts in simple, straightforward terms to help you through your divorce.

 

What Uncontested Divorce ACTUALLY MEANS: Uncontested California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

👉 What Uncontested Divorce ACTUALLY MEANS: Uncontested California Divorce

When navigating a divorce, many people feel overwhelmed by the process and believe they need to have every detail figured out before filing. However, this is not the case, especially when it comes to an uncontested divorce in California. As Tim Blankenship of Divorce661 explains, filing for an uncontested divorce does not require you to have everything settled upfront. Instead, it means you and your spouse agree not to go to court and will eventually come to terms that work for both of you.

Understanding Uncontested Divorce

An uncontested divorce is often misunderstood as a situation where all issues are resolved before filing. In reality, it simply means that the divorcing couple agrees to handle the process without court intervention. This approach can save time, reduce stress, and minimize legal expenses.

Tim Blankenship emphasizes that the key to an uncontested divorce is the mutual agreement between spouses on the terms of the divorce. Whether it’s related to property division, child custody, or support, the couple ultimately needs to reach a consensus. However, this agreement does not need to be finalized at the moment of filing.

Filing Without Having Everything Figured Out

One crucial point to understand is that you don’t have to have every detail ironed out before filing for divorce. Many people hesitate to start the process because they feel pressured to have all terms agreed upon from the start. But with an uncontested divorce, the filing itself is just the beginning.

According to Tim, the process allows for ongoing discussions and negotiations. You and your spouse will work through the terms over time, and the goal is to reach an agreement that both parties find acceptable. This flexibility can be reassuring for those who are uncertain or need time to sort through complex issues.

The Role of Legal Services in Uncontested Divorce

If you choose to use professional services, such as those offered by Tim Blankenship Divorce661, the expectation is that you will ultimately agree to the terms presented. The service’s role is to facilitate the divorce process and help you and your spouse come to a final agreement without the need for court battles.

This approach highlights the cooperative nature of uncontested divorces—both parties work together with guidance to resolve matters amicably. It’s a far cry from the contentious and often prolonged litigation many expect when they hear the word “divorce.”

Benefits of an Uncontested Divorce

  • Lower Costs: Avoiding court reduces attorney fees and court costs.
  • Faster Resolution: Without court hearings, the process moves more quickly.
  • Less Stress: Cooperation reduces conflict and emotional strain.
  • Privacy: Matters are handled privately without public court records.

Conclusion

Filing for an uncontested divorce in California is a practical and efficient option for couples willing to work together. As Tim Blankenship points out, you don’t have to have every term finalized before you begin the process. The important part is that both parties agree to handle the divorce without court involvement and eventually come to terms that satisfy both sides.

If you’re considering divorce but feel uncertain about having all the answers, remember that an uncontested divorce offers flexibility and support to help you through the process. It’s about cooperation, communication, and moving forward with clarity—one step at a time.