How To Work Towards Divorce Agreement | Santa Clarita

Posted by Tim Blankenship on

How To Work Towards Divorce Agreement | Santa Clarita

Just because you are filing an uncontested divorce, does not mean that negotiating the terms of the final divorce judgment will be easy.  As you are probably aware, just because your divorce is uncontested, does not mean you agree to every detail surrounding the terms of your divorce.

To come to a divorce agreement, you are going to have to site down and figure out what the issues are and then negotiate the terms of the divorce.  It won’t be easy, but spending the time at the kitchen table hashing out the remaining issues will be time well spent.

There are a couple of ways it has been recommend you can work towards your divorce agreement.

Face to Face Negotiation With Your Spouse

As I mentioned above, it may be as much as just sitting down at the kitchen table to determine what the issues are that need to be figured out and then work towards resolving them.  This will be one of the most cost effective and meaningful ways to get through the divorce issues.  It is also one which will bear the least amount of emotional stress.

It is not as easy at it may seem at first, dealing with emotional issues with a person you are trying to separate from.

Use A Friend Or Family Member To Help You Negotiate 

Have a friend or family member you both trust and could rely on to help you negotiate the terms of your divorce?  If so, this might be good alternative to a face to face negotiation alone.  Again, this would be another option that would probably not cost you much, if anything, to do.

Having this buffer present may be just what you need.  They could even be the one who writes down what you two agree to.  Sort of a neutral third party you could go back to if you had questions about what you actually agreed to.

The time spent attempting to work towards a divorce agreement on your own, might be some of the most difficult things you will have to do, but in the end will be a decision that leaves you in a better financial situation, having not spent countless thousands of dollars on attorney fees.

When going through the divorce process, consider using our licensed and bonded legal document preparation service.  We have the experience it takes to get your paperwork completed correctly.  And because we have worked at the family law courts, self help centers and family law firms, we can help guide you through the divorce process when you have questions.

Preparing And Filing Divorce Papers In Santa Clarita

Posted by Tim Blankenship on

Preparing And Filing Divorce Papers In Santa Clarita

When it comes to an uncontested divorce, much of what has to be done is paperwork.  Lots and lots of paperwork.  Of course, there is still the fact that you and your spouse have to come to agreements on things such as property and the like.

So it becomes a matter of finding out what paperwork you need to file, completing it correctly, making sure you file and serve it properly and then complete the final divorce paperwork so you can get your divorce signed off by the judge.  Whew, that was a mouthful.  If only it was that easy.

As a licensed and bonded legal document assistant that specializes in the divorce process, I know how tricky the paperwork can be to complete.  The courts are continually adding new forms with no instruction on how to complete them and expect you to be able to figure it out.

You have to think if you really have the time to sit down and attempt to figure out all the divorce forms, how to fill them out and get through the entire process.

The folks who use my service decided at some point that they just did not want to have to deal with attempting to figure out the divorce process and paperwork.  Either they just did not have the time due to work, etc., or they got hung up at some point and realized that they have spent way too much time and still are not close to completing the divorce paperwork.

Even with all the self help books that are out there, they just don’t go over how to prepare the divorce forms.  Even if they did, the forms change and every court has it’s own local forms that self help books are not aware of.

We prepare and file divorce papers as a profession.  Don’t get caught up attempting the divorce process alone. Give us a call and get some professional help preparing and filing your divorce papers.

I Want To Divorce But Can’t Find My Spouse | Santa Clarita

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You might be surprised to learn that there are occasions where this occurs.  But don’t be, it does happen and there are times where married couples drift apart without every getting a divorce.

Whether it be because they were young when they married and just grew apart or that trip to Las Vegas, the next day waking up to find that they were married.

There is really never a problem until you start thinking of re-marrying and are forced to have to deal with getting divorced first.

If several years have gone by it may be very difficult to locate your spouse.  But you are going to have to look, because you have to give notice to them one way or another that you have filed for divorce.

The California Courts require you to make a sincere effort to locate your missing spouse before you can ask the court for a default judgment.  In fact, if you have no idea at all after an all hands search, you might have to petition the court to file a “service by publication.”  Service by publication means that you put an ad in the newspaper in an attempt to advise your spouse your filing for divorce.  This can be a lengthy process and is therefore advised that you first try hard to locate your spouse by any and all means possible.

You should attempt to do the following things to locate your missing spouse so you can get divorced.

  • Try to locate the last known address
  • Go to the last known address and ask about your spouse.  Try to find where they moved to
  • Ask all friends, employers, neighbors, relatives and anyone else who may have known them
  • Check with the local assessors office
  • Search the Internet including using social media websites such as Facebook and LinkedIn.
  • Use a private investigator or other service to locate them

If you are not able to locate your spouse through one of the above methods, make sure to keep a detailed record of your attempts to locate them.  Keep a log of everyone you spoke to and all the things you did to attempt to find them.  You will need to prove to the court that you made a diligent effort to locate them.

We are a licensed and bonded legal document preparation service that specializes in the divorce process.  Please give us a call to discuss the particulars of your case.

What Are The Basics Of An Uncontested Divorce In Santa Clarita

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What Are The Basics Of An Uncontested Divorce In Santa Clarita

The term uncontested divorce can have several meanings depending on how it is used.  Generally, if you have to go to court to have a judge make decisions about your divorce, it is considered a contested divorce.  So any thing other than going to court could be considered uncontested using this definition.

An uncontested divorce does not mean that you agree to all the terms of your divorce.  It just means that you and your spouse are going to determine the terms of your divorce.  Even if you have an attorney or go to mediation, you still are considered to have an uncontested divorce.

In this video we discuss a bit more about the forms related to filing an uncontested divorce judgment.

Getting divorced is generally about completing all the paperwork and making decisions about the terms of your divorce.  Legal advice may be necessary so the parties are informed of their legal rights so they can make informed decisions.

Uncontested divorces make up a large percentage of the cases that go through the court system.

When you file an uncontested divorce case in California, there will be three basic steps.

First, is to file the initial divorce papers to get the case started and a case number issued.  These initial divorce papers are then served on the other party.  Then, in most cases, both spouses will have to prepare and serve their financial disclosures.

Second, is to sit down with your spouse and determine how you are going to split up your assets, debts and property among you.  You will also come to an agreement on any other terms to the divorce such as child support, spousal support.

Lastly, you will need to complete and file the final divorce papers, known as the judgment paperwork.  Once it has been reviewed by a judge the divorce will become official once he or she signs off on it.

Going through the divorce process in this matter is generally how you can expect to get through your divorce.  It does not really work if you try to do things out of order.  Not to mention, the court requires you to take certain steps in a particular order.

If you would like to have your uncontested divorce paperwork completed professionally, please give us a call so we can discuss the particulars of your case.

 

What Financial Documents Do I Need For My Santa Clarita Divorce

Posted by Tim Blankenship on

What Financial Documents Do I Need For My Santa Clarita Divorce

Gathering financial documents for your divorce will probably not be on the top 10 fun things to do.  How do I know this?  Because this is where the divorce process inevitably slows down and I have to follow up with my clients to make sure they are on top of it.

Essentially, you will need to compile a list of all your financial documents (assets and debts ) that you obtained before you were married, durring marriage and after separation.  As part of the mandatory financial disclosure process, you will have to supply copies of your most recent statements and other financial documents to the other party.

It is a good Idea to list your assets and debts based on what is community property and what is separate property.  When it comes time to complete your financial disclosures, you will need copies of the following Assets and debts.  Generally, just your most recent statement will suffice.

ASSETS:

  1. Checking and saving accounts
  2. CD’s
  3. Real Estate Deeds
  4. Stocks
  5. Bonds
  6. Mutual Funds
  7. Stock Options
  8. Vehicle information
  9. Household Furniture
  10. Life Insurance Policies
  11. Tax Refunds

DEBTS:

  1. Mortgage
  2. Lines of Credit
  3. Credit Cards
  4. Vehicle Loans
  5. Student Loand
  6. And any other debts

If you are wondering what all is involved in completing your financial disclosures, you can read the article and watch the video on how to complete the schedule of assets and debts and how to complete the income and expense declaration.

For many folks who are going through an uncontested divorce it may seem unecessary as sometimes the accounts and financial statements are almost identical if not exactly the same for both spouses.  However, this disclosure process is essential if you want to have your divorce finalized.

Once both parties have completed ther process of the finanical disclosure, you can move on to preparing the judgment which essentially divides up the assets and debts.

For more information on the financial dislosure process during divorce please give us a call or visit ou

Can You Live Together During Your Santa Clarita Divorce?

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Can You Live Together During Your Santa Clarita Divorce?

Not only can you live together during your divorce process, but many folks have to live together during the divorce process.

Some divorcing couples continue to live together even after they have agreed to the divorce.  In fact, a large majority of my clients continue to reside together throughout the entire divorce process.

It is not uncommon that the main reason behind continuing to live together even though they have decided to get divorced is money.  In most cases, the standard of living as far as housing is concerned probably will not be the same.  It’s just a numbers game.  Where you had two incomes to support the family unit, that same money essentially need to be spread across 2 households.  Plus, lets not forget that your incomes are not combined anymore.

Sometimes in contested cases, the date of separation can become an issue so staying together could have some risks for issues that are tied to the date of separation.  When you file for divorce, however you will be indicating the date of separation on your divorce forms.

Most spouses figure out a temporary living arrangement whether they continue to live together or not.  Whether this be sleeping on the couch or separate bedrooms, most people figure out a way to make it work at least until they are further along in the divorce process.

Sometimes there is a disagreement of who should move out of the family residence.  Determining who should stay and who should go is probably best determined by the spouses keeping in mind the welfare of the children, if any.  Other than that, any legal reasons  why one should stay or leave the home should be asked of an attorney.

We specialize in providing an affordable flat fee price for getting you through the divorce process.  We are headquartered in Santa Clarita, CA and can serve all the Courts in Los Angeles County.  We provide a 100% online divorce process which means you will never have to come to our office.

Does It Matter Who Files For Divorce First?

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Does It Matter Who Files For Divorce First?

Many times I am asked if there is a difference if one spouse files for divorce before the other.

If we look to what the court say about this, you will see that they indicate that normally it does not matter who is the first person to file the divorce papers.

This is because the court does not give an preference to the first person who files for divorce nor do the courts give any disadvantage to the person who is the respondent.  So it could be as much as simply using the terms Petitioner and Respondent to identify the parties only.

Because California is a No-Fault Divorce State, the Petitioner can be either of the parties.  A divorce filing in California does not have to be initiated by any specific person in the marriage.  It could be the spouse who feels the other is the reason for divorce or themselves.

When it comes to filing for divorce in uncontested matters, sometimes it is best to talk to your spouse  about who should be the Petitioner and file the initial divorce documents and who should be the Respondent.

Because part of the divorce process involves the Respondent to be served with divorce papers, it may make sense to have a conversation about who should file and who will be served.  To keep the divorce process going smoothly, the spouses should speak and determine who is going to take on this role.

Regardless if your are the Petitioner or Respondent, you will have the same opportunity to prepare all the same documents as the other party.

Give us a call for more information about the divorce process and who should file first.  We can often speak to both spouses and help make the determination of who might be best to be the first to file the divorce documents.

We provide affordable divorce services throughout California.  We are headquartered in Santa Clarita, Ca and serve all the Courts.

What To Do When Your Spouse Won’t Give You A Divorce

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What happens if your spouse does not agree to getting divorce and they say they won’t give you a divorce?

Well in California, the short answer is that is just does not matter if your spouse does not agree to give you a divorce.  That’s right, you can complete the California divorce without any participation from your spouse.

In Fact the California Courts say that in California, it is not necessary for both spouses to agree to the divorce.  Either spouse can decide to end their marriage.  It is not necessary that the other spouse agree to give you a divorce.

If your spouse does not want to give you a divorce, there is nothing they can do to stop you by refusing to participate in the divorce case.  The other spouse does not have to sign anything that says they agree to the divorce.

If your spouse does not participate in the divorce case, you will still be able to get a default judgment and the divorce will still go through.

There are few reasons why one would proceed via a default judgment.  One reasons would be that the other spouse just does not care to participate.  In this case the filing party could simply proceed without the other spouse using the default judgment.  Another reason would be if your spouse is not opposed to getting divorced and is in agreement.  Sometimes there are benefits to not participating in the divorce through the default judgment such as costs.

You see, if your spouse was to respond, they would also have to pay a filing fee.  If you both agree to the terms of the divorce, there may be no reason for the other party to enter the case.

This can be achieved by other means as well.   The Hybrid Judgment is another way for the parties to get divorced without having to file a response.

We are a licensed and bonded legal document preparation service that specializes in the divorce process.  We can complete your California divorce at a price you can afford.

We are located in Santa Clarita, California and provide a 100% online virtual divorce process.  Because we complete the divorce process completely online, we are able to serve all the Courts in California and help you get through the divorce process smoothly.

How To Divorce Without Spouse Agreement | Santa Clarita

Posted by Tim Blankenship on

How To Divorce Without Spouse Agreement | Santa Clarita

I had just prepare the below video and had uploaded it to YouTube when I received a call asking the exact same question I has just answered on video.  The question, or should I say it was more of a statement was ” My spouse said she is not going to fill anything out and won’t give me a divorce”.

Watch the below video for how you can handle this type of divorce scenario.

As stated in the video, the Court’s have a process where you can get through the divorce process even if your spouse is not going to cooperate or participate in the divorce.  There is nothing that your spouse can do to prevent you from getting a divorce and you don’t need their agreement either.

The Courts have a process known as a default.  The default means that the other party did not prepare a response in the allotted time and you are moving forward with the divorce case.  There are certain forms you need to prepare when filing a default judgement which vary slightly from other types of divorce judgments.

What you should take from this is that whether or not your spouse want’s to “give” you a divorce is not up to them.  It only takes one to file for divorce.

Default judgments happen often and are sometimes used intentionally to save on the costs of filing a Response to the divorce.  For instance you can file a Hybrid Divorce Judgment wherein on party does not respond, but you can still enter into an agreement.

How you proceed in your divorce will ultimately depend upon what the other party does.

For more information about the divorce process or to learn more about our affordable divorce document preparation service, please give us a call.

Experience Counts When Going Through Divorce | Santa Clarita

Posted by Tim Blankenship on

Experience Counts When Going Through Divorce | Santa Clarita

The divorce process is complex, the paperwork can be confusing and court procedure is always changing.  That is why it is important to work with an experienced divorce service when you decide you want an affordable divorce solution.

We recognize that we are not the only company you can turn to, to get a divorce.  However, we are the only licensed and bonded legal document service that specializes only on divorce.

Hopefully, you are only going to go through divorce once.  Do it right and use an experienced professional that can get you through the divorce process right, the first time.

Did you know that these franchise type legal service companies are not licensed and bonded legal document assistants?  The franchise they own or work at is a legal document preparation company, but the actual person helping you is not.

We feel we are your best choice when it comes to choosing an affordable divorce document preparation service for your divorce.

What are you going to do when you run into a little bit of trouble with your divorce.  These franchise legal service companies won’t be able to help you.  They just don’t know how the procedure works at the divorce court.

However, when you work with us, that is not a problem.  We have worked at the self help clinics, completed internships with the Superior Courts family law division and worked for local area family law firms.  When it comes to experience in the divorce process, you won’t find another company with more experience.

Please give us a call for more information about our divorce legal services. We serve all the courts in Los Angeles and provide a 100% online divorce solution.  You will never have to step foot into our office.  We look forward to speaking with you.