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.

 

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.

 

The 3 MUST KNOW Types of Divorce Cases: Santa Clarita Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

😮 The 3 MUST KNOW Types of Divorce Cases: Santa Clarita Divorce

Navigating a divorce can be overwhelming, especially when you’re unsure about the different types of cases that exist. Understanding the distinctions can help you approach the process with clarity and confidence. Drawing from insights by Tim Blankenship from Divorce661, this article breaks down the three essential types of divorce cases in California: default with agreement, default without agreement, and uncontested. Whether you’re just starting the divorce journey or seeking to understand your options better, this guide will provide the foundational knowledge you need.

Introduction to Divorce Case Types in California

California law recognizes several ways a divorce case can unfold, each with its own procedures and implications. Tim Blankenship highlights three primary categories you should be familiar with. These types largely depend on whether both parties have participated in the process and whether they have reached any agreements.

The Three Types of Divorce Cases Explained

1. Default Divorce with Agreement

A default divorce with agreement occurs when one spouse files for divorce, and the other spouse does not respond or participate in the case, but the parties have already reached an agreement on all key issues such as property division, child custody, and support.

In this scenario, the spouse who filed can proceed with the divorce by submitting the agreement to the court. Since there is mutual consent on the terms, the court typically approves the divorce without requiring further hearings. This type of case can be faster and less contentious, as the agreement simplifies the process even though one party is technically “defaulting” by not responding.

2. Default Divorce without Agreement

In contrast, a default divorce without agreement happens when one spouse files for divorce and the other spouse does not respond or participate, but there is no agreement on the terms of the divorce. This type of case can be more complicated because the filing spouse must request the court to make decisions on their behalf regarding issues like asset division, child custody, and support.

Since the non-responding spouse has essentially forfeited their right to contest, the court may grant the divorce based on the filing spouse’s proposed terms. However, it’s important for the filing spouse to present a clear and fair proposal to avoid delays or complications.

3. Uncontested Divorce

An uncontested divorce is when both spouses actively participate in the divorce process and agree on all major issues. This is often the smoothest and quickest type of divorce because the couple collaborates to reach a settlement without needing court intervention to resolve disputes.

Uncontested divorces can save time, reduce legal costs, and minimize emotional stress. Both parties submit their agreement to the court, and the judge typically approves the divorce based on the mutual consent and documentation provided.

Why Understanding These Divorce Types Matters

Knowing the differences between these three types of divorce cases can help you better prepare for what lies ahead. Whether you are the filing spouse or responding to a divorce petition, understanding your options and the potential paths your case might take is crucial.

  • Default with agreement offers a streamlined process when both parties agree but one is not actively involved.
  • Default without agreement requires careful preparation to ensure the court grants a fair judgment despite the other party’s absence.
  • Uncontested divorce promotes cooperation and can save time and money by avoiding court battles.

Conclusion

Divorce can be challenging, but having a clear understanding of the three main types of divorce cases in California—default with agreement, default without agreement, and uncontested—can empower you to make informed decisions. Whether you’re working with an attorney or managing the process yourself, knowing these distinctions will help you navigate the legal system more effectively.

If you want to learn more about divorce processes in Santa Clarita and beyond, following experienced professionals like Tim Blankenship can provide valuable insights and guidance every step of the way.

 

What Happens If Your Spouse Doesn’t Respond to Divorce Papers in LA? | Los Angeles Divorce

Posted by Tim Blankenship on

 

What Happens If Your Spouse Doesn’t Respond to Divorce Papers in LA?

Filing for divorce can be a stressful and uncertain time, especially when your spouse doesn’t respond to the divorce papers. If you’ve initiated a divorce in Los Angeles County and have been met with silence, it’s important to know that you’re not stuck — there is a clear legal path forward. In this article, we’ll walk you through what happens if your spouse doesn’t respond within 30 days, how to file a Request to Enter Default, and how you can finalize your divorce without a hearing or their participation.

The 30-Day Response Window: What It Means

Once your spouse has been served with divorce papers in LA County, they have 30 days to file a response. This response is their formal acknowledgment and participation in the divorce process. However, if those 30 days pass without any communication or filing from your spouse, the court will consider them unresponsive.

But silence doesn’t mean inaction on your part. Instead of waiting indefinitely, you have the option to take control of your case by requesting a default judgment.

Filing a Request to Enter Default: Taking Control

When your spouse doesn’t respond, the next step is filing a Request to Enter Default. This is a crucial legal move that allows you to proceed with the divorce without needing your spouse’s input or signature. Essentially, it means the court will move forward with the divorce based on the information you provide.

This step is more than just a formality. It’s a strategic decision that empowers you to finalize your divorce efficiently and avoid unnecessary delays caused by your spouse’s silence.

How the Default Process Works

  1. File the Request to Enter Default: This paperwork notifies the court that your spouse has not responded within the required timeframe.
  2. Complete Accurate Financial Disclosures: These disclosures are essential because they provide the court with a clear picture of your financial situation, which helps in approving the terms of your divorce.
  3. Draft the Default Judgment: This document outlines all the terms of your divorce as you propose them, including property division, support arrangements, and any other relevant issues.
  4. Submit the Judgment for Court Review: The court will review your filings. If everything is in order, the judge will approve your divorce without requiring a hearing.

Why Accurate Financial Disclosures Matter

Providing precise and honest financial disclosures is the backbone of a successful default judgment. These disclosures ensure the court has all the necessary information to approve your divorce terms fairly. Any discrepancies or omissions can delay the process or cause complications.

By completing these documents thoroughly, you help the court finalize your divorce smoothly and efficiently.

A Real Client Story: Divorce Without a Response

One of our clients came to us frustrated because her spouse ignored every notice and failed to respond. We filed the Request to Enter Default on her behalf, submitted her proposed judgment, and within weeks, the court approved her divorce.

This story highlights how a default divorce can be swift and effective — no hearings, no drawn-out court battles, just a clean, legally sound resolution.

Why Work With Professionals for Your Default Divorce?

Handling a default divorce on your own can be overwhelming due to the legal forms, disclosures, and court procedures involved. Working with experts who specialize in default divorce filings across Los Angeles County can make the process faster, smoother, and less stressful.

  • We handle all forms, disclosures, and court filings remotely.
  • Our flat-fee pricing means no hidden costs.
  • We ensure your divorce is fast and legally sound, even without your spouse’s response.

Take the Next Step

If your spouse is not responding to your divorce papers, don’t wait around. You have the right to move forward and finalize your divorce through the default process. With the right guidance and accurate paperwork, you can regain control of your life and resolve your divorce efficiently.

Visit Divorce661.com for a free consultation and expert help navigating your default divorce in Los Angeles County. Let’s take the next step together toward a fresh start.

 

THIS is REQUIRED IN DEFAULT or UNCONTESTED Santa Clarita Divorce | Los Angeles Divorce

Posted by Gail Brion on

 

THIS is REQUIRED IN DEFAULT or UNCONTESTED Santa Clarita Divorce

When navigating a divorce in Santa Clarita, whether it’s a default divorce with an agreement or an uncontested divorce where a response has been filed, there is an essential step that cannot be overlooked. Understanding this requirement can save you time, avoid delays, and ensure your case proceeds smoothly. Let’s break down what you need to know about the preliminary Declaration of Disclosure and why it is mandatory in these situations.

What is a Preliminary Declaration of Disclosure?

The preliminary Declaration of Disclosure is a formal document that both parties in a divorce case must complete and exchange. It provides a detailed summary of each party’s financial situation, including assets, debts, income, and expenses. This disclosure is designed to promote transparency and fairness by ensuring both spouses have access to the necessary financial information before finalizing any agreements or court decisions.

Who Needs to Complete the Preliminary Declaration of Disclosure?

Whether you are going through a default divorce or an uncontested divorce in Santa Clarita, completing the preliminary Declaration of Disclosure is required. Specifically:

  • Default Divorce with Agreement: Even if you have reached an agreement with your spouse and the divorce is proceeding by default, the respondent must still complete and provide this disclosure.
  • Uncontested Divorce with a Response Filed: If the respondent has filed a response to the divorce petition, they are also required to complete this document.

Failing to provide this disclosure can delay your case or cause complications in the division of property and other financial matters.

Why is the Preliminary Declaration of Disclosure Important?

Transparency is the cornerstone of any fair divorce settlement. The preliminary Declaration of Disclosure ensures that both parties are fully informed of each other’s financial standing. This helps prevent surprises later in the process and enables both spouses to negotiate or finalize agreements based on accurate and complete information.

In addition, the court requires this disclosure to confirm that all financial matters have been properly addressed before granting a divorce decree. Without it, your case may face unnecessary delays or even be denied until the disclosure is completed.

Key Components of the Declaration

The preliminary Declaration of Disclosure typically includes the following:

  • A detailed list of all assets, including real estate, bank accounts, retirement accounts, and personal property.
  • A full inventory of debts and liabilities.
  • Documentation of income sources, such as employment earnings, self-employment income, or other revenue streams.
  • Monthly expenses and financial obligations.

Providing accurate and thorough information in these areas is crucial for a smooth divorce process.

How to Ensure Compliance

If you are the respondent in a default or uncontested divorce case, make sure to complete the preliminary Declaration of Disclosure promptly. This involves gathering all financial documents, filling out the required forms accurately, and submitting them according to court deadlines.

Working with a knowledgeable divorce professional or attorney can help you navigate this process efficiently and avoid common pitfalls. Remember, this step is not optional—it is a legal requirement that protects your interests and helps the court make informed decisions.

Conclusion

In Santa Clarita divorce cases, whether default or uncontested, the preliminary Declaration of Disclosure is a mandatory step for respondents. Completing this document ensures transparency, facilitates fair negotiations, and helps avoid delays in your divorce proceedings.

By understanding this requirement and taking action early, you can move your divorce forward with confidence and clarity.

Remember: If you’re involved in a divorce case, don’t overlook the importance of the preliminary Declaration of Disclosure. It’s a key part of the process that protects both parties and helps the court reach a fair resolution.