What Does Personal Service Mean | Santa Clarita Divorce

Posted by Tim Blankenship on

What Does Personal Service Mean | Santa Clarita Divorce

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

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

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

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

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

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

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

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

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

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

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

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

 

How To File Divorce Papers By Mail | Santa Clarita Divorce

Posted by Tim Blankenship on

How To File Divorce Papers By Mail | Santa Clarita Divorce

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

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

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

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

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

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

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

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

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

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

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

I just write a letter and say:

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

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

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

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

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

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

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

Who Can Serve Divorce Papers | Santa Clarita

Posted by Tim Blankenship on

Who Can Serve Divorce Papers | Santa Clarita

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

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

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

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

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

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

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

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

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

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

What Is A No Fault Divorce | Santa Clarita

Posted by Tim Blankenship on

What Is A No Fault Divorce | Santa Clarita

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

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

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

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

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

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

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

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

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

Thank you!

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

Posted by Tim Blankenship on

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

Hi! My name is Tim Blankenship, owner of SCV Legal Doc Assist. I’m a licensed and bonded legal document preparation assistant that specialize only in divorce.

Today we are talking about and answering the question of what happens if my wife doesn’t want to give me a divorce.

So, if your spouse doesn’t want to cooperate, there is a way to still work on the divorce process and I’m going to use the California Court’s website to answer this question because in their Frequently Asked Questions here, they have responded to this question – so instead of just me giving you what I think, I’m going to refer you to into the court’s website as they answered the question here for.

So the question here is ‘What if my spouse or domestic partner does not want to give me a divorce?’.

And the answer is: In California, it is not necessary for both spouses or domestic partners to agree to the divorce. Either spouse or domestic partner can decide and their marriage and partnership is not necessary for the other spouse to agree or give you a divorce.

The spouse or domestic partner who does not want to get divorced cannot stop the process by refusing to participate in the case. If she did not have to sign anything to agree to the divorce, if your spouse or domestic partner does not participate in the divorce case, you’ll still be able to get a default judgment and the divorce will go through.

So, sometimes when I’m preparing uncontested divorce cases, one of the parties that I may be assisting will ask: “Well Tim, she’s not going to fill it out any of the paperwork, she’s not going to respond and she honestly doesn’t care one way or the other and I said: “That’s fine, there’s nothing the spouse can do to stop you from getting divorced”. As this court says here, they can’t stop it even if they don’t participate. It’s called a default judgment.

I’ve done a video on what it takes to get a default judgment and that happens all the time. Generally, courts will approve those if there’s an unequal division of assets and debts. There might be a reason for the court to call you in and have a couple of questions for you. But if your spouse doesn’t want to respond and they don’t want to participate, you can get what’s called a default judgment.

Again, my name is Tim Blankenship, owner of SCV Legal Doc Assist, licensed and bonded legal document preparation service, specializing in the divorce process.

Does It Matter Who Files For Divorce First | Santa Clarita Divorce

Posted by Tim Blankenship on

Does It Matter Who Files For Divorce First | Santa Clarita Divorce

Hi! This is Tim Blankenship, owner of SCV Legal Doc Assist. I’m a licensed and bonded legal document assistant specializing in the divorce process in California.

Today we’re answering the question “Does it matter if I file for divorce first or is there a disadvantage to my spouse filing for divorce and me being the respondent?”.

I get that question all the time, parties calling me saying “oh I think my wife is going to file for divorce, should I file first? Is there any advantage?”

Here is the video where I explain if it matters who files for divorce first.

So, because I’m not an attorney I cannot technically give you legal advice but I can point you in the right direction of where to find this information. So what I will do is direct you to the court’s website and they’ve answered the question here for us.

What it says here is ‘Am I at a disadvantage if my spouse or domestic partner files for divorce first?’

  1. Normally, it does not matter who is the first to file the divorce papers. The court does not give any preference to the first person to file (the petitioner), or any disadvantage to the person who is the respondent.

So, there you have it folks. It doesn’t matter if you file it first. In fact, I had this question just come up yesterday— one of the spouses called me and he was getting ready to file and he said that he’s advised by his spouse that his is going to run out and file first and I said “That’s fine, let her do it”. According to the courts, they don’t give a preference either way.

The paperwork is going to be the same. You’ll just be the respondent instead of the petitioner.

Again, this is Tim Blankenship, owner of SCV Legal Doc Assist.  We are headquartered in Santa Clarita, CA and serve all the courts in California.

We provide affordable divorce document preparation services. We can get you all the way through the divorce process at an affordable price.