How to Annul a Marriage in California? | Los Angeles Divorce

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❌ How to Annul a Marriage in California? | Los Angeles Divorce

I’m Tim Blankenship from Divorce661. In this post I’ll walk you through what an annulment really is in California, the narrow grounds that qualify, how the process works, and whether an annulment is the right option for you. If you’d rather speak with someone directly, I offer a free consultation at Divorce661.com and provide flat-fee, 100% remote services across California.

What is an annulment?

“An annulment erases a marriage as if it never existed.”

Unlike a divorce, which ends a legally valid marriage and divides assets and responsibilities going forward, an annulment treats the marriage as void or voidable — meaning the law can declare it never existed. Because of that, annulments are only available in very specific and serious circumstances.

Grounds for annulment in California

California grants annulments only when one of a few strict legal conditions is present. These are not casual grounds — they require proof. Common grounds include:

  • Bigamy: One spouse was already legally married to someone else at the time of your marriage. If true, the second marriage can be voided.
  • Fraud: One party was induced to consent to the marriage because of intentional deception about something essential to the marriage (for example, identity, intent to procreate, or a concealed existing marriage).
  • Force or coercion: One party was compelled to marry against their free will — threats, physical force, or severe pressure that negated consent.
  • Incapacity: One party lacked the mental capacity to consent (due to mental illness, intoxication, or similar conditions) or was underage and did not have the required parental or judicial consent.

Each ground has specific legal standards and timelines, so evidence and timing matter a lot.

Real case example: bigamy

Here’s a real example from our practice: a client discovered their spouse was still legally married to someone else. That made the second marriage voidable for bigamy. Instead of filing a lengthy divorce, we filed the correct annulment paperwork and the court voided the marriage. The key was filing the right documents with solid proof of the prior marriage — which made the process much smoother and faster than a contested divorce.

Annulment vs. Divorce — key differences

  • Legal effect: Annulment treats the marriage as never having existed; divorce recognizes the marriage existed and ends it.
  • Grounds: Annulments require specific legal defects (fraud, bigamy, coercion, incapacity). Divorce only requires irreconcilable differences (no-fault in California).
  • Property and support: The court can still address property division, child custody, and child support even if a marriage is annulled, but there are different legal theories for how assets and obligations are handled.
  • Timing & proof: Annulments often require proof of a defect at the time of marriage and sometimes must be brought within particular timeframes.

How an annulment process typically works

  1. Consultation: Review your circumstances to determine whether you have legal grounds for an annulment.
  2. Gather evidence: Documents that prove fraud, bigamy, coercion, or incapacity (marriage certificates, prior marriage records, communication showing deception, police reports, medical records, etc.).
  3. File paperwork: Prepare and file the petition for annulment and related forms with the court. Proper filing is critical — incorrect forms can delay or derail the case.
  4. Service: Serve the other party with the petition unless the facts make service impractical or the spouse admits the grounds.
  5. Hearing or default: If the other party contests, there will be a hearing where evidence is presented. If uncontested, the court may grant the annulment without a full trial.
  6. Judgment: If the court finds the legal grounds met, it will issue a judgment voiding the marriage.

Because these steps involve legal standards and proof, having correct paperwork and a clear strategy matters. That’s why many people choose professional help.

Who should consider an annulment?

Consider an annulment if you suspect the marriage is legally invalid for one of the grounds listed above. Typical scenarios include discovering a spouse was already married, evidence of fraud that goes to the heart of consent, forced marriages, or marriages where one party lacked legal capacity (such as underage marriages without proper consent).

If your situation doesn’t meet annulment standards, a divorce is usually the appropriate path. Either way, understanding your options early saves time and emotional stress.

If you don’t qualify for an annulment

Not qualifying for an annulment doesn’t leave you without options. California is a no-fault divorce state, so you can pursue a standard dissolution of marriage based on irreconcilable differences. We help clients navigate both annulments and divorces and can explain which route best protects your interests.

Why work with Divorce661?

  • Flat-fee services: Transparent pricing so you know the cost upfront.
  • 100% remote filing: Handle everything from home — paperwork, filing, and communication.
  • Experience with annulments: We know the evidence and filings that make the difference between success and delay.
  • Free consultation: We’ll review your situation and recommend the right legal path — annulment or divorce.

Next steps

If you think your marriage might be void or voidable, don’t wait. Get a free consultation at Divorce661.com and we’ll help you determine whether you qualify for an annulment or should pursue a divorce. Our flat-fee, remote process is designed to reduce stress and get you the result you need.

Visit: Divorce661.com

For a direct consultation: https://divorce661.com/divorce661-consultation/

Take control of your future

Understanding whether an annulment is possible can save you time, expense, and emotional strain. If you have questions or want help reviewing your situation, reach out — we’re here to guide you every step of the way.

 

How to Handle Debt Division in a California Divorce | Los Angeles Divorce

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How to Handle Debt Division in a California Divorce

I’m Tim Blankenship from Divorce661. In this article I break down one of the most important—and often overlooked—aspects of divorce in California: dividing debt. Get clear on what counts as community debt versus separate debt, how to negotiate a fair split, and why documenting and submitting your agreement to the court matters. If you prefer help, we offer a free consultation at Divorce661.com.

Why dividing debt matters as much as dividing assets

People tend to focus on who gets the house, the retirement accounts, or the savings—but debts are just as important. In California, which is a community property state, most debts incurred during marriage are shared 50/50 regardless of whose name appears on the account. That means a credit card or auto loan in one spouse’s name can still be community debt that both spouses are responsible for.

What is community debt (and what isn’t)?

Understanding whether a debt is community or separate is the key to a fair division:

  • Community debts — Generally, debts incurred during the marriage for the community’s benefit. Examples include credit card debt accumulated for household expenses, auto loans taken out during the marriage, and tax liabilities for joint returns or taxes accrued while married.
  • Separate debts — Debts incurred before marriage, after legal separation, or debts that can be traced to separate property or separate-purpose borrowing. For example, a loan taken before the marriage usually remains a separate obligation unless it was paid down with community funds.

Key point:

California is a community property state—so timing, purpose, and tracing matter more than whose name is on the account.

How to identify community vs. separate debt

To characterize a debt, ask:

  • When was the debt incurred—before marriage, during marriage, or after separation?
  • Who benefited from the funds or goods purchased with the debt?
  • Were community funds used to pay down the debt?
  • Can you document the source of funds (bank records, statements, receipts)?

Tracing documents and clear records make it much easier to prove whether a debt is community or separate. If documentation is unclear, the debtor may still be treated as equally responsible.

Negotiating debt division: trade-offs and practical solutions

Debt division doesn’t always have to be an even split on every account. Couples often negotiate practical trade-offs. For example, one spouse might agree to take on a larger share of credit card debt in exchange for keeping a larger portion of savings or a specific asset.

  • Make sure any trade-off is fair and sustainable—taking on debt without the ability to pay it can create long-term problems.
  • Consider who is legally liable to creditors after the divorce; a court order does not automatically change a creditor’s contracts with the named borrower.
  • When possible, refinance or remove a spouse from joint accounts to avoid lingering liability.

Documenting your agreement and filing with the court

Whatever you agree to, get it in writing. A well-drafted, court-approvable agreement:

  • Identifies each debt and states whether it is community or separate;
  • Specifies who will be responsible for payment after divorce;
  • Explains any asset-debt trade-offs (for example, taking more debt in exchange for more savings); and
  • Is submitted to and approved by the court so it becomes enforceable.

Without proper documentation and court approval, you risk future complications and creditor claims that can drag on for years.

Real-life example

We worked with a couple who had over $20,000 in credit card debt. One spouse agreed to take on a larger portion of that debt in exchange for keeping more of the couple’s savings. We documented the agreement, prepared the paperwork, and submitted it to the court. The court approved it without issue, and both parties walked away with a clear, enforceable division that matched their negotiated trade-off.

How Divorce661 can help

At Divorce661 we help couples navigate debt division efficiently and fairly. Our services include:

  • Identifying which debts are community versus separate;
  • Structuring fair, court-approvable agreements and trade-offs;
  • Preparing and filing all necessary paperwork so agreements are documented correctly.

Our goal is to make sure your debt division is handled cleanly and legally so you can move on with confidence and financial stability.

Recap and next steps

Remember these essentials:

  1. California is a community property state—most debts during marriage are shared 50/50.
  2. Name on an account does not determine responsibility—timing, purpose, and tracing do.
  3. Negotiated trade-offs (more debt for more assets) are common and workable if documented.
  4. Documenting your agreement and getting court approval protects you from future disputes and creditor claims.

If you need help identifying, structuring, and documenting debt agreements, visit Divorce661.com to schedule a free consultation. We’ll help make sure your debt division is fair, enforceable, and gives you peace of mind as you move forward.

 

How to Deal with a Contested Divorce in California? | Los Angeles Divorce

Posted by Tim Blankenship on

 

⚔️ How to Deal with a Contested Divorce in California? | Los Angeles Divorce

I’m Tim Blankenship from Divorce661. If you’re facing a contested divorce in California—especially in Los Angeles—you’re not alone. When spouses can’t agree on custody, property division, or support, the court often steps in and the process becomes contested. In this article I’ll walk you through what to expect, how the process works, and practical steps to protect your interests while managing time and costs.

Quick overview

  • When a spouse responds and disagrees, the case is contested.
  • Temporary orders for support or custody may be issued while the case is pending.
  • Discovery and financial disclosures are central to building your case.
  • Mediation or settlement conferences are typically required before trial.
  • If no settlement is reached, the case goes to trial—often lengthy and expensive in Los Angeles.

What makes a divorce “contested”?

A divorce becomes contested the moment your spouse disagrees with the petition you filed. Disagreement can be about child custody, spousal or child support, property division, or any number of related issues. Once contested, courts will move beyond the initial paperwork and begin a formal dispute-resolution process.

“Once your spouse disagrees with your filing, the divorce becomes contested.”

Temporary orders: support, custody, and more

While the divorce is pending, courts may issue temporary orders to address immediate needs—typically temporary child custody, visitation schedules, child support, spousal support, or who lives in the family home. These orders are meant to keep both parties stable and protect children while the case proceeds.

Discovery and financial disclosures: the backbone of a contested case

Discovery is where the facts of your marriage—income, assets, debts, and parenting practices—get revealed. Transparency matters: both sides exchange financial disclosures and collect evidence to support their positions.

Common discovery steps

  • Requesting documents (bank statements, tax returns, property deeds, retirement account statements).
  • Answering written questions (interrogatories).
  • Depositions—formal sworn testimony taken before trial.
  • Subpoenas to third parties when needed.

When experts become necessary

Some contested cases require expert involvement to resolve complex issues. You may see:

  • Custody evaluations by mental health professionals to assess the best interests of the child.
  • Forensic accountants or financial experts to value businesses, divide complex assets, or analyze income for support calculations.

These experts help the court and attorneys get a realistic, evidence-based view of disputed matters.

“Discovery is a crucial phase where both parties exchange financial disclosures and gather evidence.”

Mediation and settlement conferences: the court’s preferred path

Before most courts will allow a contested case to go to trial, they require the parties to attempt mediation or participate in a settlement conference. These sessions are designed to encourage negotiation and resolution without the expense and unpredictability of a trial.

Mediation can save time, reduce attorney fees, and produce more flexible, private outcomes than a court order. Even when mediation doesn’t resolve everything, it often narrows issues and shortens trial time.

Going to trial: what to expect

If mediation and settlement efforts fail, your case will proceed to trial. Trials involve presentation of evidence, witness testimony, expert reports, and legal arguments. A judge—not a jury—decides unresolved issues in family court.

Expect a trial to be:

  • Time-consuming—preparation and multiple court appearances add up.
  • Expensive—attorneys, expert witnesses, and court costs can push totals into the tens of thousands.
  • Emotionally draining—trials increase conflict and uncertainty for families, especially children.

“If no agreement is reached during mediation, the case proceeds to trial. This can be a lengthy and costly process involving attorneys and experts.”

Why Los Angeles contested divorces often take longer and cost more

Los Angeles County has a heavy court docket and high demand for legal and expert services. That means longer waits for hearings and trials, higher fees for professionals, and more expensive litigation overall. Managing conflict early and seeking efficient resolution strategies is especially important here.

Practical tips to protect yourself during a contested divorce

  • Start organizing financial records now—bank statements, pay stubs, tax returns, deeds, titles.
  • Be truthful in disclosures—misrepresentations can backfire legally and financially.
  • Consider mediation or collaborative law early to reduce costs and preserve control over outcomes.
  • Discuss potential experts with your attorney to understand costs and likely benefits.
  • Plan for temporary orders and how they will affect your living arrangements and finances.

How Divorce661 can help

At Divorce661, we guide clients through petitions, disclosures, discovery, mediation, and trial preparation with a focus on reducing conflict and managing costs. We offer flat-fee divorce options to help control expenses and a strategic approach to trial preparation when litigation is unavoidable.

If you’re facing a contested divorce in Los Angeles or anywhere in California, visit Divorce661.com to schedule a free consultation. We’ll help you understand your options, develop a strategy, and move your case forward with confidence.

Conclusion

Contested divorces are complex, emotionally charged, and often costly—especially in Los Angeles. Understanding the process (temporary orders, discovery, mediation, and trial) and taking proactive steps can protect your rights and reduce unnecessary expense. Early strategy, honest disclosures, and thoughtful use of mediation can make a real difference.

Do you think most contested divorces could be avoided with mediation? I’d love to hear your thoughts.

 

How to Prepare for a Child Custody Evaluation in California | Los Angeles Divorce

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How to Prepare for a Child Custody Evaluation in California | Los Angeles Divorce

I’m Tim Blankenship with Divorce661. If you’re facing a child custody evaluation in California, it’s natural to feel anxious. I’ve helped clients through this process, and the good news is that with the right preparation you can go into the evaluation confident and focused on what matters most: your child’s well‑being.

What is a child custody evaluation?

A child custody evaluation is ordered when parents cannot agree on a custody plan. An independent evaluator assesses each parent’s home, parenting style, involvement with the child, and the overall stability each parent can provide. The evaluator’s primary goal is straightforward: determine what arrangement is in the best interest of the child.

It’s not about who earns more, but about who provides a stable, nurturing environment.

Common misconceptions

One of the most common myths I encounter is that money or income decides custody. That’s not how evaluators or courts typically approach this. Judges and evaluators prioritize stability, consistent routines, active involvement, and the parents’ ability to co‑parent effectively.

For example, a client in Los Angeles came to us convinced that higher income would win custody. After the evaluation, it became clear that the court cared far more about who was present for daily routines, who communicated constructively about the child’s needs, and who promoted a stable environment—not who made more money.

How to prepare effectively

Preparation is the single best thing you can do to influence how the evaluation reflects your role as a parent. Below are practical steps to help you present yourself in the strongest light.

1. Know what to expect

  • The evaluator will likely interview both parents, observe interactions with the child, visit each home, and review documents like school and medical records.
  • Expect questions about daily routines, discipline, education, medical care, and the child’s social life and activities.
  • Be honest and calm. Transparency builds credibility.

2. Communicate effectively

  • Speak clearly and keep answers focused on the child. Avoid blaming the other parent.
  • Demonstrate your ability to put the child first, even when discussing conflicts.
  • Show willingness to cooperate and co‑parent — evaluators look for parents who can facilitate healthy relationships between the child and both parents.

3. Present yourself as a dedicated parent

  • Highlight specific examples of your involvement: school drop‑offs, homework help, medical appointments, extracurricular activities, bedtime routines.
  • Bring documentation that supports those examples (calendars, emails, text messages, receipts, school and medical records).
  • Keep your home orderly and child‑safe for any in‑home observations.

4. Demonstrate willingness to co‑parent

  • Show the evaluator that you can communicate respectfully and reliably about the child’s needs.
  • If possible, provide evidence of attempts to collaborate: shared calendars, joint decisions, or neutral communications about the child.
  • A cooperative attitude can weigh heavily in your favor.

Practical checklist for the evaluation

  • Copies of school records, attendance, and teacher notes.
  • Medical and dental records, including vaccination history.
  • Calendar or log of your parenting time and involvement (dates/times of visits, activities, appointments).
  • Examples of communication with the other parent that show cooperation (emails, texts).
  • Contact information for people who can attest to your parenting (teachers, coaches, childcare providers, neighbors).
  • Any relevant court orders or previous custody agreements.
  • A calm, child‑focused attitude on the day of the evaluation.

What evaluators prioritize

Evaluators and courts look for factors that support the child’s best interest, including:

  • Stability and consistency in the child’s life (routines, schooling, home environment).
  • Active involvement in daily care and decision‑making.
  • Emotional availability and responsiveness to the child’s needs.
  • Ability and willingness to facilitate the child’s relationship with the other parent.
  • Safe, appropriate living conditions for the child.

Recap and next steps

In short: a custody evaluation is focused on the child’s best interest — not on income or who can fight the hardest. Prepare by understanding the process, gathering documentation, practicing clear and child‑focused communication, and demonstrating your commitment to co‑parenting and stability.

If you want help getting ready, we offer support and guidance every step of the way. Visit Divorce661.com to schedule a free consultation and learn how to present yourself in the best possible light for your child’s future.

Take action

Prepare well, focus on your child, and get the guidance you need at Divorce661.com.

 

How to Relocate with Children After a California Divorce | Advice from Divorce661 | Los Angeles Divorcce

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How to Relocate with Children After a California Divorce | Advice from Divorce661

Introduction

I’m Tim Blankenship with Divorce661. If you’re considering relocating with your child after a California divorce, it’s not as simple as packing your bags. When a custody order exists, the court must approve the move and will decide based on what’s best for the child. Below I explain what courts look for, how to build a strong relocation plan, and share a real example of a successful move from Los Angeles to Northern California.

Why Court Approval Matters

In California, judges evaluate relocation requests through the lens of the child’s best interests. That means the court’s primary focus is how a move will affect the child—emotionally, socially, academically, and in terms of their relationship with both parents. If you move without approval when a custody order is in place, you risk damaging that relationship and facing legal consequences.

What Courts Consider in Relocation Cases

When evaluating a relocation request, courts typically look at:

  • Impact on the child’s relationship with the other parent: Will the move substantially reduce parenting time or make maintaining the bond impractical?
  • Benefits for the child: Does the move offer better educational opportunities, family support, housing stability, or employment that indirectly benefits the child?
  • Plan for ongoing contact: Is there a clear, realistic plan for preserving visitation and communication, such as video calls, extended vacation time, or structured travel arrangements?
  • Practical logistics: Transportation, school transitions, community ties, and the ability of both parents to maintain responsibilities.

How to Build a Strong Relocation Plan

A well-prepared relocation plan can make the difference between approval and denial. Focus on demonstrating the benefits to your child and outlining how you will maintain their relationship with the other parent. Key elements to include:

  • Clear reasons for the move: Job opportunity, family support, better housing, or access to services that improve the child’s life.
  • Education and community: Information about schools, counselors, extracurricular opportunities, and neighborhood safety.
  • Detailed parenting-time schedule: Propose revised visitation that compensates for distance—regular video calls, midweek check-ins, longer summer visits, and holiday exchanges.
  • Travel logistics and costs: Specify who will handle travel, how costs will be shared, and contingency plans for unpredictable events.
  • Documentation: Gather proof of employment, housing, school enrollment options, and any family members or community supports that will assist with caring for the child.

Sample contact plan ideas

  • Weekly video calls at agreed days/times and additional ad-hoc calls as needed.
  • Extended summer visits (e.g., 2–4 weeks) with the noncustodial parent covering travel expenses per agreement.
  • Alternate major holidays on a rotating schedule, with clear pickup/dropoff logistics.
  • Midweek check-ins during the school year where feasible, especially for older children with school or activity updates.

Real Example: Moving from Los Angeles to Northern California

We recently helped a parent relocate from Los Angeles to Northern California for work. The approach that worked was straightforward:

  1. We filed the correct court request explaining the reasons for the move and how it benefited the child (work stability, closer family support, and better living conditions).
  2. We proposed a revised visitation schedule emphasizing ongoing contact: regular video calls, mid-year extended visits, and longer summer breaks.
  3. We submitted documentation supporting the child’s improved opportunities and the feasibility of the proposed contact plan.

The court approved the relocation with updated visitation orders that preserved the child’s relationship with the other parent while allowing the family to move forward. This case highlights how a thoughtful, child-centered plan and clear logistics can lead to a smooth approval.

How Divorce661 Can Help

Relocation cases require careful paperwork and strategy. At Divorce661 we guide parents through the process so you present the strongest possible case focused on your child’s best interests. Our services include:

  • Filing the necessary court requests and notices
  • Drafting updated custody and visitation agreements tailored to distance
  • Helping you collect supporting documentation and present a clear contact plan
  • Explaining options like mediation or stipulations to reduce conflict and speed approval

Next Steps if You’re Thinking About Moving

If you’re considering relocation, take these practical steps right away:

  1. Review your current custody order to see if court approval is required.
  2. Start documenting the benefits of the move (job offer letters, housing info, school research).
  3. Draft a realistic visitation and communication plan that keeps your child connected to the other parent.
  4. Talk to a family law professional to ensure you file the correct paperwork and follow court timelines.

Conclusion

Relocating with a child after a California divorce is possible—but it must be handled carefully and with the child’s best interests at the center. Courts want to know that the move will improve the child’s life and that both parents will have meaningful contact. With a strong relocation plan and the right legal support, you can make your move legally sound and emotionally healthy for your child.

If you’re ready to explore relocation, visit Divorce661.com to schedule a free consultation. We’ll help you prepare a plan that protects your child’s best interests and meets the court’s requirements.

 

How to Handle Domestic Violence During a California Divorce | Advice from Divorce661 | Los Angeles Divorce

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How to Handle Domestic Violence During a California Divorce | Advice from Divorce661

I’m Tim Blankenship with Divorce661. If you’re divorcing an abusive spouse in California, your safety comes first. California law provides specific protections to help you secure safety and stability while your divorce moves forward. This guide explains the options available, how the restraining order process typically works, and practical steps you can take right now to protect yourself and your family.

Key Protections Available in California

When domestic violence is involved, the court can issue several urgent orders designed to protect victims immediately. Common protections include:

  • Domestic Violence Restraining Orders (DVROs) — Court orders that can prohibit the abuser from contacting or coming near you.
  • Removal from the home — The court can order the abusive spouse to leave the shared residence to keep you and any children safe.
  • No-contact orders — Strict prohibitions against phone calls, texts, social media messages, or in-person contact.
  • Temporary custody and support orders — Short-term arrangements for where children live and who pays support while the case is pending.

How Quickly Can You Get Protection?

One of the most important aspects of DVROs is speed. In many cases, temporary protective orders can be issued quickly — sometimes within 24 hours — when there is an immediate threat. These emergency orders provide short-term safety while the court schedules a full hearing so both parties can present evidence.

What the Process Looks Like

The restraining order process is straightforward but needs careful handling to maintain your safety:

  1. Fill out the paperwork: You’ll complete forms describing the abuse and requesting specific protections (e.g., stay-away orders, removal from the home, temporary custody).
  2. File with the court: The court clerk will review the forms and can issue a temporary order in emergency situations.
  3. Service: The abusive spouse must be legally served with the papers. Proper service is critical and should be done by someone other than you to avoid confrontation.
  4. Hearing: A judge will hold a hearing—usually within a few weeks—where you can present evidence and request a longer-term restraining order.

Evidence and Documentation

Helpful evidence includes police reports, medical records, photographs of injuries or property damage, threatening texts or emails, witness statements, and any documentation of past incidents. Even if you don’t have extensive documentation, the court can still grant emergency relief based on your sworn testimony and credible evidence.

Safety-Focused Service and Filing

A key priority is avoiding direct confrontation with the abusive spouse. There are safe ways to handle filings and service:

  • Have an attorney or professional server handle paperwork and serve the documents.
  • File paperwork at court or have your attorney submit documents so you don’t need to meet your spouse in person.
  • Work with local law enforcement or court advocates if you fear immediate danger during service.

Temporary Orders: Custody, Support, and More

When violence is alleged, courts can issue temporary orders to stabilize your situation. These may include:

  • Temporary custody and visitation rules that prioritize children’s safety.
  • Temporary spousal or child support to provide financial security.
  • Orders preventing removal of children from the state.

These temporary orders remain in effect until the court holds a full hearing and issues longer-term orders as part of the divorce or restraining order case.

A Real Example: Helping a Client in Los Angeles

Recently, we helped a client in Los Angeles who was in an unsafe situation. We prepared their restraining order paperwork, handled the divorce filings, and made sure they never had to confront their spouse directly. By managing the legal documents and coordinating safe service, we allowed the client to focus on safety and well-being without facing the abuser.

Your safety is our top priority.

Resources and Next Steps

If you are in an abusive relationship and considering divorce, take these steps now:

  1. Find a safe place and establish an immediate safety plan for you and any children.
  2. Contact local domestic violence hotlines, shelters, or victim advocates for support and guidance.
  3. Document incidents of abuse and preserve any evidence you can safely obtain.
  4. Talk to a family law attorney experienced in domestic violence cases to help prepare restraining order and divorce paperwork.

At Divorce661, we prepare restraining order and divorce paperwork, guide you through the court process step by step, and connect you with trusted legal and safety resources tailored to your situation. We handle filings and arrange safe service methods so you don’t have to face your spouse during the process.

Confidential Consultation

If you need help starting a divorce safely, you can reach out for a confidential consultation at Divorce661. We are committed to guiding you every step of the way and ensuring you have the support needed to secure your future and peace of mind. Visit divorce661.com for more information and to schedule a consultation.

Closing Thoughts

Domestic violence changes the divorce process, but California law has tools to protect you and your children. Acting quickly to request emergency orders, documenting incidents, and working with experienced professionals can make a significant difference in your safety and the outcome of your case. You don’t have to navigate this alone—there are legal remedies and resources designed to keep you safe and help you move forward.

 

How to Obtain a Restraining Order in California: A Clear Guide from Tim Blankenship of Divorce661 | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Obtain a Restraining Order in California: A Clear Guide from Tim Blankenship of Divorce661

If you’re being threatened, harassed, or abused by someone with whom you have a close relationship, you don’t have to wait to protect yourself. In this guide I’ll walk you through how a Domestic Violence Restraining Order works in California, what steps you need to take, and how to prepare for court so you can get the protection you need—quickly and effectively. I’m Tim Blankenship from Divorce661, and I’ve helped clients secure safety and peace of mind through the restraining order process.

What is a Domestic Violence Restraining Order?

A Domestic Violence Restraining Order (DVRO) is a court order that can protect people who are in close relationships with the person causing harm—spouses, ex-spouses, domestic partners, dating partners, or close family members. The order can prohibit contact, require the abuser to stay away from your home, workplace, or children, and include other protections tailored to your situation.

Who Qualifies?

You may qualify for a DVRO if you’ve experienced threats, harassment, physical abuse, or stalking by someone you are or were in a close relationship with. California law is designed to protect people in intimate or familial relationships, so the relationship status matters when filing.

Step-by-Step: How to Get a Restraining Order

Here’s a practical breakdown of the filing process and what to expect:

  • File a Request with the Court: Start by filing the necessary forms at your local courthouse. You’ll explain the nature of the abuse or threats and request protection.
  • Prepare a Declaration: This is critical. Detail specific incidents, dates, times, locations, and descriptions of what happened. Accuracy and specificity help the judge understand the severity and pattern of behavior.
  • Ask for a Temporary Restraining Order (TRO): If your situation requires immediate protection, the judge can issue a temporary order—often the same day. This order typically lasts until the hearing (about three weeks later).
  • Attend the Court Hearing: At the hearing, both sides can present evidence. Be prepared with documents, photos, text messages, witness statements, and any police reports. The judge will decide whether to issue a longer-term restraining order.
  • If Granted, Duration and Terms: A permanent restraining order (technically a final restraining order) can last up to five years and may be renewed or modified under certain circumstances.

What to Include in Your Declaration

Your declaration is the foundation of the case. Make it clear and factual:

  • List each incident separately with dates and locations.
  • Describe the exact words, actions, or threats made.
  • Attach supporting evidence: photos, screenshots, police reports, medical records, and witness statements.
  • Explain the impact on you—fear, lost sleep, missed work, etc.—to show why protection is necessary.

What Happens at a Hearing and How to Prepare

Court hearings can feel intimidating, but preparation levels the playing field. Expect the respondent (the person you named) to appear and present their side. The judge evaluates all testimony and evidence before deciding.

Practical preparation tips:

  • Organize documents in chronological order and bring multiple copies.
  • Practice a concise statement of facts you want the judge to know.
  • Bring witnesses who can corroborate your story, if available.
  • Dress neatly and arrive early to the courthouse.

Real Case Example

We recently assisted a client who was being harassed by an ex. We filed quickly, prepared a detailed declaration and evidence package, and coached the client for the hearing. The temporary order was issued immediately, and at the hearing the final order was granted. The result was safety and peace of mind for our client—proof that being prepared matters.

When to Act and Why Speed Matters

If you feel endangered, don’t wait. California courts can issue temporary protection the same day you ask for it, and swift filing often prevents escalation. Acting quickly preserves evidence and increases the chance of immediate court intervention.

How Divorce661 Can Help

At Divorce661 we help clients through every step: drafting a clear declaration, filing paperwork correctly, organizing evidence, and preparing for court. We focus on safety, accuracy, and practical court preparation so you can get the protection you need.

“Your safety is our priority, and we’re here to guide you through the process.”

Next Steps and Resources

If you think you qualify for a restraining order, schedule a consultation to review your situation and get help preparing your declaration and filings. Acting now can secure immediate protections and lead to a final order that lasts up to five years when necessary.

Conclusion

Obtaining a restraining order in California is a powerful legal tool to protect yourself from threats, harassment, or abuse by someone close to you. Be specific and accurate in your declaration, gather solid evidence, and prepare for the hearing. If you want guidance through the process, we’re here to help every step of the way.

 

How to Handle a Military Divorce in California | Los Angeles Divorce

Posted by Gail Brion on

 

How to Handle a Military Divorce in California

In my video, “🎖️ How to Handle a Military Divorce in California? | Los Angeles Divorce,” I walk through the unique rules and practical steps you need to know when navigating a military divorce while stationed in California. As the founder of Divorce661, I’ve helped military couples get through this process smoothly—sometimes entirely remotely—and I want to share the essentials so you know what to expect and how to protect your interests.

Why a military divorce is different

Military divorces are not the same as civilian divorces. Federal and military-specific laws add layers of complexity that affect timelines, residency, and how benefits and pensions are divided. Knowing these differences up front can help you avoid delays, unnecessary expenses, and surprises.

Key things to know

  • Residency rules: You or your spouse must satisfy California residency requirements to file here—unless one of you is stationed in California under military orders. (In California, typical residency requirements for divorce are six months in the state and three months in the county before filing.)
  • Servicemembers Civil Relief Act (SCRA): The SCRA protects service members and can delay or stay divorce proceedings if a spouse is deployed or otherwise unavailable due to military duties.
  • Military pensions & benefits: Retirement pay, Tricare, and other benefits generally require special handling. Division often needs a separate court order—a QDRO or an equivalent order that satisfies military/DFAS requirements—to make the split effective.

Understanding the Servicemembers Civil Relief Act (SCRA)

“The Servicemembers Civil Relief Act can delay divorce proceedings if a spouse is deployed or unavailable.”

Under the SCRA, service members who are deployed or on active duty can request a stay (a temporary pause) of court proceedings if their military service materially affects their ability to participate. Practically, this means your divorce timeline can be extended when a service member is unavailable—but the law exists to make sure the service member isn’t disadvantaged by being on duty.

How to manage SCRA delays:

  • Communicate early with your attorney about deployment dates and availability.
  • If you don’t want to wait, consider whether the service member will waive SCRA protections (that must be done knowingly and voluntarily).
  • Use mediation, settlement agreements, and remote processes where possible to keep the case moving.

Residency considerations when stationed in California

If one spouse is stationed in California under military orders, that typically satisfies the state’s residency requirement for filing. If neither spouse is stationed here, you still must meet California’s general residency rules. Confirming residency status early avoids jurisdictional fights that can derail your case.

Dividing military pensions, retirement pay, and benefits

Military retirement and related benefits are some of the most valuable and most complicated assets in a military divorce. These assets often require a separate court order so that payroll and benefit systems can implement the division properly.

  • Military retired pay: The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retired pay as divisible property. To actually collect a share, you typically need a court order that meets federal and DFAS requirements.
  • QDRO vs. military-specific orders: QDROs apply to civilian employer plans governed by ERISA. For military pensions you’ll need an order that complies with DFAS and state court procedures—often described as a QDRO-style or “similar” instrument in plain terms.
  • Tricare and health benefits: Former spouse eligibility for Tricare and other military benefits depends on specific rules (for example, the “20/20/20” rule in some cases). Don’t assume coverage will continue—confirm eligibility and plan for alternatives if necessary.

Practical example: remote military divorce handled smoothly

Here’s a real-life example from our practice: one spouse was deployed overseas, yet the entire divorce was completed remotely. We used e-signatures for documents, prepared the pension division paperwork, and handled all court filings electronically. Neither party needed to appear in person in California.

That case highlights two important points:

  • Modern solutions—e-signatures, remote notarization, and electronic court filings—can keep your divorce moving even when one or both spouses are stationed far away.
  • Having the right paperwork and court orders is essential to ensure benefits and retirement pay are divided and implemented correctly.

Steps to take if you’re facing a military divorce in California

  1. Confirm residency and jurisdiction early. Determine whether California or another state is the appropriate forum.
  2. Discuss SCRA implications with an attorney—know whether a stay is likely and how it will affect your timeline.
  3. Inventory military benefits, retirement pay, and insurance (Tricare) eligibility and gather documentation.
  4. Plan for the correct court orders to divide pensions and benefits—don’t assume a standard divorce judgment will be sufficient.
  5. Leverage remote options—e-signatures and electronic filings—to minimize need for physical appearances.
  6. Seek experienced counsel who understands both state family law and military-specific rules.

How I can help (Divorce661)

At Divorce661, we understand the unique aspects of military divorce in California. We help military families with:

  • Residency and jurisdiction issues when stationed in California
  • Managing SCRA stay requests and deployment-related timing
  • Preparing the correct court orders to divide military retirement pay and benefits
  • Handling cases 100% remotely when needed—e-signatures, electronic filings, and secure communication

If you want guidance tailored to your situation, I offer a free consultation. Visit Divorce661.com to schedule a free phone consultation and learn how we can make the process as smooth as possible—no matter where you’re stationed. Website: Divorce661.com

Conclusion

Military divorces in California require careful navigation of residency rules, SCRA protections, and benefit division. With the right information and experienced help, you can minimize delays and ensure fair handling of pensions and benefits. If you’re dealing with a military divorce, take action early: confirm jurisdiction, understand SCRA implications, gather benefit documents, and get help preparing the proper court orders. I’m here to help you through each step.

 

How to Appeal a Divorce Judgment in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Appeal a Divorce Judgment in California

I’m Tim Blankenship with Divorce661. If your divorce judgment left you feeling blindsided or unfairly treated, it’s important to know the difference between being upset with the outcome and having valid legal grounds to appeal. In this article I’ll explain how appeals work in California, the strict deadlines you must meet, what judges actually review, and practical steps to take before spending time and money on an appeal.

What an appeal is—and what it isn’t

An appeal is a request for a higher court to review a trial court’s decision for legal errors. It is not a chance to re-argue factual disputes or persuade a different judge that the outcome is unfair. Appeals focus on whether the law was applied correctly or whether significant legal mistakes affected the judgment.

Appeals focus on legal errors, not emotional grievances.

Key facts: deadlines and focus

  • 60-day deadline: In California you generally have 60 days from the entry of judgment to file a notice of appeal. This deadline is strict—missing it usually ends your appellate options.
  • Grounds for appeal: The appeal must identify legal errors such as incorrect application of the law, misinterpretation of statutes, or procedural mistakes that prejudiced your case.
  • Not a do-over: Dissatisfaction or emotional disagreement with the result is not a valid basis for appeal.

Common appealable issues in divorce cases

Some examples of issues that can form the basis for an appeal include:

  • Legal error in calculating spousal or child support (e.g., applying the wrong formula or incorrect income determination).
  • Incorrect distribution of property due to misapplication of community property rules.
  • Procedural errors that denied a party a fair hearing (e.g., improper exclusion of evidence or denial of due process).
  • Misinterpretation of controlling statutes or case law by the trial court.

Real client example: why review first

We recently worked with a client who believed their spousal support order was miscalculated. Before filing an appeal, we reviewed the underlying numbers. The review showed the calculation was actually correct, which saved the client from the stress and expense of pursuing an unnecessary appeal. This is why a careful case review is so important.

Practical steps before you appeal

  1. Act quickly: Note the 60-day clock and take immediate steps to preserve your rights if you suspect an error.
  2. Review the record: Assemble orders, judgments, financial documents, transcripts (if available), and the computations used by the court.
  3. Consult an appellate attorney: Appellate practice is specialized. An appellate lawyer can identify whether a true legal error exists and estimate the likelihood of success.
  4. Do a cost-benefit analysis: Appeals can be lengthy and expensive. Confirming merit before filing can save significant time and money.
  5. Consider alternatives: In some cases, settlements, modification proceedings, or seeking relief in the trial court (e.g., motion for reconsideration in limited circumstances) may be more appropriate.

How Divorce661 can help

At Divorce661 we provide an honest review of your divorce judgment and flat-fee divorce services across California. If you think you have grounds to appeal, we’ll review your case and refer you to experienced appellate attorneys when appropriate. In many situations a quick review can clarify whether an appeal is justified and prevent unnecessary legal expense.

Schedule a free consultation at Divorce661.com to have your judgment reviewed and discussed. We’ll help you understand your options and guide you to the right next step.

Conclusion: be informed and deliberate

Feeling wronged after a divorce is understandable, but appeals are meant to correct legal mistakes—not to remedy every painful outcome. If you suspect an error, act fast, gather your documents, and consult an appellate lawyer. A careful, informed approach will protect your time, money, and emotional energy.

Want to explore whether an appeal makes sense for your case? Visit Divorce661.com for a free consultation and, if needed, a referral to an appellate attorney who can evaluate the legal merits.

 

Paying a Cheating Spouse Alimony: Understanding Spousal Support in Los Angeles Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

😮 Paying a Cheating Spouse Alimony: Understanding Spousal Support in Los Angeles Divorce

When it comes to divorce in California, many people assume that infidelity automatically affects spousal support or alimony awards. However, California is a no-fault divorce state, which means that actions like adultery generally do not influence who receives spousal support or the amount awarded. This can be surprising, especially for those who expect cheating spouses to lose financial benefits in a divorce. Let’s break down how this works and what it means for couples navigating divorce in Los Angeles and across California.

California’s No-Fault Divorce System

In California, the law does not require you to prove wrongdoing such as infidelity, abuse, or neglect to get a divorce. Instead, the only ground needed is “irreconcilable differences.” This no-fault system is designed to simplify and speed up the divorce process, focusing on fair resolutions rather than assigning blame.

One key implication of this no-fault approach is how spousal support is determined. Unlike some other states where marital misconduct can influence alimony decisions, California courts do not consider fault such as cheating when awarding spousal support.

Spousal Support Despite Infidelity

Even if a spouse has had an affair, they can still be eligible for spousal support. This might seem counterintuitive, but California law prioritizes financial need, earning capacity, and the standard of living established during the marriage over moral judgments.

For example, if a spouse who cheated is economically disadvantaged compared to the other spouse, the court may order the higher-earning spouse to provide alimony, regardless of the affair. The focus remains on fairness and ensuring both parties can maintain reasonable financial stability after the marriage ends.

Factors Courts Consider When Awarding Spousal Support

  • Length of the marriage
  • Each spouse’s income and earning capacity
  • Age and health of both spouses
  • Contributions to the marriage, including homemaking and child-rearing
  • Standard of living during the marriage
  • Financial needs and obligations of each spouse

Noticeably absent from this list is any mention of marital misconduct such as infidelity. This underscores California’s commitment to a no-fault approach in divorce proceedings.

What This Means for Couples in Los Angeles

If you’re going through a divorce in Los Angeles or elsewhere in California, it’s important to understand that cheating alone won’t deprive a spouse of alimony. Whether you are the spouse who was unfaithful or the one hurt by the infidelity, the court’s primary concern will be financial fairness rather than assigning blame.

That said, other divorce matters such as child custody or property division might be influenced by different considerations, but spousal support remains firmly guided by the no-fault principle.

Conclusion: Focus on Fairness, Not Fault

California’s no-fault divorce system means that even if your spouse had an affair, they can still receive spousal support. The courts look beyond personal grievances to focus on equitable financial arrangements that reflect the realities of both parties’ circumstances.

Understanding this can help set realistic expectations during divorce negotiations and proceedings. The goal is to ensure that both spouses can move forward with financial stability, regardless of the emotional challenges that come with ending a marriage.

For personalized advice tailored to your situation, consulting a knowledgeable divorce attorney in Los Angeles can be invaluable. They can help you navigate the complexities of spousal support and other divorce-related issues with clarity and confidence.