Reasons Why You Dont Want To File A Summary Dissolution In Los Angeles Divorce

Posted by Tim Blankenship on

Reasons Why You Don’t Want To File A Summary Dissolution In Los Angeles Divorce

Today I wanted to talk to you about why you shouldn’t use a summary dissolution.

A summary dissolution is a divorce process where the courts allow you to go through the process and what they say is a much simpler way. You can’t have a lot of assets. You can’t have a lot of debts. And there are a lot of other restrictions on using a summary dissolution.

The problem with the summary dissolution is this— it is a joint petition. What that means is both of you are considered the petitioner. I’m looking at the joint petition for summary dissolution form right now, which is what this is called. And because it is a joint petition, both of you (you and your spouse), have to pay a filing fee.

That’s not the case in a, say, a hybrid divorce or in a true default case for only one part pays a filing fee. So the court says that this is an easier process going through the summary dissolution process but it’s twice as expensive. In a court filing fee in LA County for instance, it’s $435.

If you were to file a true default case, you’d be paying $435 to get divorced. On a summary case, both of you are going to have to pay the $435, so it doubles your cost. So while they say it is simpler, which it’s not, it is twice as expensive to do a summary dissolution as it is a regular dissolution.

Because of the restrictions on the summary dissolution, many people won’t qualify to begin with. And in fact, I have to be honest with you, I prepare divorce cases every day, that’s what we do as a specialty, and the summary divorce process, I think, is more complicated than going through a regular divorce proceeding.

The summary dissolution says there are all these benefits as far as staying out of court, not having to fill out other paperwork. But you’re doing so much other forms; you’re doing the entire financial analysis, essentially trying to prove to the court that you qualify for the summary dissolution.

So it’s actually a more complicated and more costly process.

I don’t recommend anyone do the summary dissolution except for one reason, if both of you qualify for a fee waiver. Which means if you qualify for a fee waiver, neither of you will have to pay a filing fee. That’d make more sense for you to do this because neither of you will have to pay a filing fee, therefore, it’s free.

Now this is the case, whether you do a summary dissolution or whether you do a regular dissolution, it’s just a matter of what you’re more comfortable, doing the summary or, say, true default or hybrid style case.

This is Tim Blankenship with divorce661.com.

These are the reasons why we don’t suggest people use the summary dissolution even if you think you qualify.

Give me a call; we do handle divorce cases all throughout California. If you want some more information on summary dissolution and why doing a hybrid or a true default case may be in your best interest. Please give me a call; you can reach me direct at 661-281-0266. Thanks!

Los Angeles Hybrid Divorce Judgment Checklist | Divorce PDF

Posted by Tim Blankenship on

Los Angeles Hybrid Divorce Judgment Checklist | Divorce PDF

This article is going to talk about the Hybrid Dissolution Judgment.

The courts put out a judgment checklist for all the different types of judgment you would enter and the judgment that we’re talking about today is a hybrid. It’s now a well-known type of judgment but is one on that we use exclusively here at divorce661.com.

Know a lot of benefits and you can check other videos and blogs on why.

But you’re going to use a Hybrid Dissolution Judgment when a response was not filed, the case is not proceeding by default, and the parties have a written agreement.

So just briefly, a hybrid is exactly that. There is no response filed but you’re going to enter into a written agreement. And this is different from say, a true default case where there is no response and no written agreement, just so you know the difference.

If you’ve no written agreement and there’s been no response filed, you’re going to want to use the true default divorce paperwork, and we’ll be talking about that in subsequent videos.

So let me go over briefly about the forms, I’m going to put a link at the bottom of this YouTube video to my blog, where we will have a PDF version of this, so you can print this out and have this.

As I tell folks, if you’re going to do this on your own, even – put your name at the top of this, check these off as you do the forms, and make sure the court knows that: “Hey, this is what we’re turning in, and this is the type of judgment, and these are the forms we have included.” It’ll help them, it’ll help you increase your chances of getting your judgment through and not rejected.

Alright, so just briefly, you’re going to need a FL-115, your proof of service of summon to prove to the court that you actually served your spouse, request to enter default FL-165. Don’t forget to include two (2) self-addressed stamped envelopes so they can mail that back to you.

Children involved or any NFL-105, you’re going to need a declaration regarding service of declaration of disclosure or CFL-141. They’re going to need your stiffened waiver of final declaration of disclosure FL-144, your FL-170 declaration for default, FL-180 the judgment form, and those of entry of judgment FL-190.

That’s going to be the basics, the essentials, of your case, if you have a child support, or child custody or spousal support or a property order.  You’re going to need to attach all of those as well.

We also did a video on the proper order of so many of your judgment package. Make sure to take a look at that one too. Once you have this together, it’ll discuss exactly what order to put these documents in.

My name is Tim Blankenship with divorce661.com.

You can reach us direct at 661-281-0266.

And today we talked about the forms necessary for the Hybrid Dissolution Judgment.

Make sure to click the link below to go to our blog and you can get a print out of this PDF attachment and you use it to submit to the court.

Los Angeles Divorce | Uncontested Divorce Judgment Checklist

Posted by Tim Blankenship on

Los Angeles Divorce | Uncontested Divorce Judgment Checklist

Today we’re going to talk about the checklist you can use for the uncontested divorce judgment in California.

I’ve been getting a lot of calls from folks who are asking me, folks who want to do these themselves of course, if there is a checklist online or what checklist do we use that you can use to submit your judgment make sure you have all the forms necessary.

I’m going to go over this step by step in this video, go over what the uncontested dissolution judgment checklist has on it.

There is one thing that is missing. They’ve updated the judgment forms for Los Angeles County anyways, actually it is going to be for California and so I want to go over everything that is on here and I’m also going to put a link in this video.

If you just go down to the text below, I’ll put a link in the text and it’ll take you to my blog. And I will have this PDF available for your viewing.

I’d recommend you just print it out and actually what I do is I write the client’s name at the top, I highlight uncontested dissolution judgment or whatever the case is.

I’m going to be doing another video on all the different types of judgments you can submit, because each of them is different, all the forms are different and I’m letting the court know when they get the judgment package, “Hey, this is the type of judgment we are submitting.

So, these are the forms you’re going to be looking for.” – Just to kind of help them understand what we’re doing so they don’t think we missed a form when we didn’t.

On the uncontested dissolution judgment, here’s the list of forms you’re going to need.

And just so you know an uncontested dissolution is defined as this: a petition was filed, a response was filed and the parties have a written agreement.

This is what you’d use when you file for divorce, your spouse filed a response and you’re entering into a written agreement. You have to have an appearance stipulation and waiver, the FL-130. If children are involved, you need a declaration of uniform child custody and jurisdiction act FL-105.

Now, just as a note, you would have already done this when you first filed for divorce, this UCCJEA. You would have done that already, you only need to update that if there have been some changes.

You’re going to need a declaration regarding service or preliminary declaration of disclosure. You’ve already done this after you filed your petition and your spouse would have done it after they filed their response. It’s the declaration of disclosure. It’s the form you filed that said you’d prepared all your financial disclosures and served them. Make sure that’s filed before you submit your judgment.

The declaration regarding service of final declaration of disclosure, you probably won’t need that. I’ve never had to complete that form, we always are using the next one on the list, the stipulation and waiver of final declaration of disclosure.

Whatever the case may be, just include the proper form. The declaration for default or uncontested dissolution, it’s FL-170 and you need a judgment form, the FL-180 which will be essentially your cover sheet.

Notice of entry of judgment, FL-190. And if there is child support you’re going to need the stipulation to establish or modify child support, FL-350. Or you can use the child support and order attachment, FL-342.

I know these are a lot of forms, I would just suggest you go down and click, if this is something that you need, you know it’s uncontested, you know that a petition was filed, a response was filed, and you have a written agreement.

Just click the link below and you can get this PDF off our blog.

If you have child support, you may want to include the dismal master, income with whole in order, all those are necessary.

Just remember, if you have child support, you’re going to need the FL-341 attachment. If you have spousal support, you’re going to have a 343 attachment and what’s not on this form is the FL-345, which is a property order attachment.

It’s a new form, what the courts are trying to do is get away from the written narrative in the judgment and everything is in attachment, a form attachment to the FL-180.

So, hope that helped. We do provide the service where we can submit your judgment for you and take care of this for you if you like. Otherwise, feel free to use this judgment and take a shot in getting it submitted.

If you have any question, feel free to give me a call. My name is Time Blankenship with divorce661.com.

You can reach me at 661-281-0266.

Los Angeles Divorce Judgment Checklist The Courts Use To Approve Your Divorce Judgment

Posted by Tim Blankenship on

Los Angeles Divorce Judgment Checklist The Courts Use To Approve Your Divorce Judgment

Today we’re talking about the forms necessary to file a default dissolution judgment.

This is a series of videos we’re doing where we’re going through the actual checklist, the courts checklist of what needs to be submitted when you file a particular type of case. In particular, the judgment forms. The final forms that you will be submitting.

Today we’re talking about a default dissolution judgment.

This is going to be when a response was not filed, so you filed for a divorce, your spouse did not file a response. It’s foreseen by default or default will be entered and the judgment is prepared solely by you, solely by the petitioner.

This means, this is what’s called a true default case. So, you filed, your spouse never responded and they’re not even involved in the case whatsoever. You filed a default at some point after thirty days or you’re doing it along with the judgment paperwork, which is totally fine.

Here’s what you’re going to need, and by the way, I’m going to put a link in this YouTube video.

You can just go down get this link. It’ll go to my blog; in the blog you’ll have a link to the, this actual checklist and we suggest you attach this, put your name to the top when you submit your judgment forms.

You know, check off these as you go and this will do two things, it’ll help you keep track that you have the right forms and you’ll let the court know this is the type of judgment you are preparing.

Sometimes, they don’t take a lot of time to look at these and will just reject them quickly. If you submit this it’ll give the apparent at least that you made a good attempt to get it this time.

Alright, previous service and summons, you’re going to need to send a copy of that, requesting a default FL-165, your FL-141, petitioner’s declaration regarding service of preliminary declaration of disclosure, this is where you, after you file for divorce, you did your PDD’s, your preliminary declaration of disclosure that was the schedule of assets and debts and incoming expense declaration.

You don’t need to send all that in, just the one form. The FL-141 that says, you complied with that, you mailed out the documents to your spouse and he filed the form with the court.

Declaration for default or uncontested dissolution or CFL-170, the judgment, the FL-180 and the notice of entry judgment, FL-190. That’s going to be the core essentials of the case.

This judgment discuss is a lot of other options that you may have, if you have children, there are several other forms you’re going to need and it’s all on here.

If your child support or spousal support, property, attorney’s fees and cost request and all of those are additional attachments. We’re going to cover those on subsequent videos.

Talking about the different form attachments and we also did another video talking about the proper order of submitting this, how to put this together, how to staple of how many copies. So, look for that video as well.

This is Tim Blankenship with divorce661.com.

You can reach me direct at 661-281-0266. Hope this video has been helpful. If you’re looking for assistance in your divorce, please feel free to give us a call.

Again, Tim Blankenship, divorce661.com. 661-281-0266.

Hope to hear from you soon. Thanks!

How To Complete Your Divorce Fast | Los Angeles Divorce

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How To Complete Your Divorce Fast | Los Angeles Divorce

Today I want to talk to you about how to complete your divorce fast.

You may have heard that there is a 6 month waiting period to get your divorce completed. And while that is still true, there is some confusion about that. Many folks think that they file for divorce and then they have to wait 6 months to turn in all their paperwork, that’s not true.

What you want to do is get your divorce paperwork done as quickly as possible.

As a matter of policy with our firm, what we do is we like to get all of your divorce documents done in the first 30 to 60 days.

The reason for this is the backlog at the courthouse in approving judgments is running anywhere from 3 to 4 months. So what that means is we can submit your divorce paperwork, your judgment, in fact all of your paperwork in completion within 2 months get it submitted to the court knowing it’s going to take them 3-4 months to approve.

The benefit of this is, in the alternative, if you wait until that 6 month to submit your divorce paperwork, it’s going to take you another 3-4 months after that.

You’re looking at more like 9 to 10 months as opposed to 6 months in getting your divorce completed.

So if you want to get your divorce completed rapidly, please give us a call. We can do that for you. We are located in Santa Clarita but we do service all of Los Angeles

Again, my name is Tim Blankenship, owner of SCV Legal Doc Assist that’s 661-281-0266. Thanks!

What Property Do I List On Schedule Of Assets And Debts | Los Angeles Divorce

Posted by Tim Blankenship on

What Property Do I List On Schedule Of Assets And Debts | Los Angeles Divorce

Today I want to talk to you about problems and issues that we’re seeing and questions of people have when it comes to completing the schedule of assets and debts.

The schedule of assets and debts is one of the forms that you’ll be using when completing your preliminary declaration of disclosures. This is a form that will be served along with the income and expense declaration.

The schedule of assets and debts is a list of all property that you have. Its property you had prior to marriage, property you had during marriage and property you have after separation. If you’ve had a long term period of separation, there’s going to be some property that you’ve purchased through her bank account, something like that after separation.

The common issue that we’re seeing is that folks think that when they’re completing their schedule of assets and debts that they’re only to list the property that’s either belongs to them, owned by them or in their name alone, and that’s incorrect.

The property list on the schedule of assets and debts isn’t going to be all property; property before marriage, during marriage and after separation as well as property that belongs to your spouse, property that your spouse had prior to marriage that you’re aware of, property that’s in his name alone.

Even the house, if it’s in your husband’s name alone, let’s say, and it was before marriage, it’s going to be a separate property you still listed.

Not only community property but separate property on the schedule of assets and debts. By listing the property, you’re suggesting that it’s your property.

You’re just list in the property that you’re aware of that was accumulated before the marriage, during the marriage or after separation and all that’s used for down the road is to be a template, if you will, for how that property is going to be distributed.

On the schedule of assets and debts, when you lose property, one thing you can do is indicate if the property is going to be yours or it’s going to be your spouse’s.

If you’re the petitioner, you can simply place a ‘P’ in front of it. If it’s going to go to the respondent, you can simply place an ‘R’.

There’s an area where there’s a date where that property was purchased. And if it’s prior to marriage, just put ‘prior to marriage’ or ‘after marriage’ or ‘during separation’ and I’ll help you determine if it’s going to be a community asset or a separate property set.

I just want to clear that up. I can see that on a daily basis where there’s confusion out of what property is to get listed on there.

Again, my name is Tim Blankenship with divorce661.com. If you have any questions, feel free to give me a call at 661-281-0266. We’re a low cost, affordable document preparation firm that specialized in divorce in Los Angeles County.

Hiring A Process Server For Divorce In Los Angeles

Posted by Tim Blankenship on

Hiring A Process Server For Divorce In Los Angeles

This article is for those folks who are looking for a process server.

We are not a licensed process server, but we do know who the good process servers are.

What we’re doing is a referral service where you can work with us, give us a call if you need a process server. We will take care of setting it up, you will basically be paying us and then we will take care of the process service by coordinating the service of your spouse for you divorce case.

There are several process servers in the LA area that are not good process servers as they’ll take your money and not perform the service, or not do a good job, and not find them want to find them and want to charge you more.

This happened to a client of ours recently. If you contact us, you know, we specialize in divorce. We help people get through the divorce process, that’s our specialty.

We work with a couple of different process servers, depending on where on you’re at, where on Santa Clarita, anywhere in LA County, or outside of LA County we can help you.

Give us a call. You’ll pay us direct, and we will coordinate the entire process; hiring the process server, getting them served, and then filing your proof of service with the courts. That way you don’t have to worry about looking up, a process server, are they going to do the right thing, you know, the typing of the forms, we’ll take care of the whole shot for you.

If you are looking for a process server, just give us a call, we’ll take care of it, coordinate it, we’ll bill you direct, and then you don’t have to worry about it.

Give me a call, my name is Tim Blankenship, 661-281-0266. We are a licensed and bonded legal document preparation firm so if you’re looking for someone to help you with the paperwork, give us a call for that as well. Talk to you soon!

Los Angeles Divorce | Best Methods For Writing Divorce Declarations

Posted by Tim Blankenship on

Los Angeles Divorce | Best Methods For Writing Divorce Declarations

Today, I wanted to give some pointers if you’re looking to prepare a declaration, perhaps for a motion, maybe request for order if you’re filing for a motion or even if you’re responding to a motion.

You kind of want to go over some of the best practices, things to avoid and things of that nature.

Most of this information is things I’ve seen going to the court system and when I work at law firms, how to write the declarations, how to word with them and so forth.

First, I want to talk a little bit about the structure of your declaration, how to start it off and so forth.

When you write a declaration and you are preparing this as a motion, you want to give first a little bit of background of about your circumstance.

Maybe a short paragraph about how long have we been married, her name, the respondent’s name, if you have children and how long the marriage was and things of that matter.

If it’s a child custody or child visitation, just give a little bit of background information so the court knows a little bit about what’s going on. Then, if you’re filling on a request for order, there is specific order to the way this is drawn up.

First, you have child custody, then child visitation, child support, then spouse’s support, attorney’s fees and costs, property restraint and property control.

Right now, talking about the FL-300, you can use that for your template in how you’re going to address the issue. If you have child custody issues, you want to discuss in your request for order, then talk about those issues first. In doing this, it’ll flow in the same manner that the application is set up and it’ll make it much more understandable for the court and for the person you’re sending this to address.

Same thing goes if you’re filing a response to request for order, follow the same suit. Even if the other party didn’t do it correctly, go right down in the same order that it shows and is reflected on the application and you’ll be in good shape.

This will keep you on task and keep you from bouncing around from ideas you had. Handle all issues regarding the child custody before moving on to the other issues.

We do assist in preparing motions, request for orders or to show causes both for petitioners and respondents. We can do responses as well; we do them both during the marriage, we do them for paternity and we do them post judgment.

We can take care of all this for you, please just give us a call.

My name is Tim Blankenship, owner of SCV Legal Doc Assist and you can reach us at 661-281-0266.

I Have A Pension | What Is A QDRO Qualified Domestic Relations Order | Los Angeles Divorce

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I Have A Pension | What Is A QDRO Qualified Domestic Relations Order | Los Angeles Divorce

We Now Offer QDRO Service For All Pensions, 401k’s, 403b’s and Retirement Systems 

Today, we are answering the question of what is a QDRO.

QDRO stands for Qualified Domestic Relations Order. And if you’re reading this article, you probably have a pension.

QDRO are the legal instrument which divides up a pension.

(Update To This Blog Post)

We Now Offer QDRO Service For All Pensions, 401k’s, 403b’s and Retirement Systems 

They are essentially an actuary who will go through and determine what percentage of the pension as community property belongs to your spouse or your spouse has an interest in.

If you have a pension and this is going to be divided, it is going to be a necessary to process q Qualified Domestic Relations Order.

And this is how it works essentially, you have the divorce going on on one hand and you have a pension that needs to be divided on the other.

The QDRO is an instrument that will be drafted by our firm and will be included with the judgment. It can either go and be filed along with the judgment at the time it’s filed or it can be indicated in the judgment that it will be divided at a later date.

And then later when that QDRO is completed, it can then be filed with the court even after the judgment has been submitted.

Don’t forget that that QDRO needs to be certified by the court and filed with the pension so they’d know, at the time of distribution, who is getting what.

If you have questions about our QDRO service whether you’re using our affordable divorce process service or not, give us a call because we can still prepare your qualified domestic relations order for you either way.

My name is Tim Blankenship, owner of Divorce661.com. We’re a licensed and bonded legal document preparation firm. We specialize in divorce in all of California.

You can reach me direct at 661-281-0266 or on our website at www.divorce661.com.

California Divorce | If You Move You Must Complete Change Of Address

Posted by Tim Blankenship on

California Divorce | If You Move You Must Complete Change Of Address

Today I want to talk to you about the change of address form that you need to file if you move during your divorce.

The clerk’s office has very specific rules or guidelines you could say in where they mail your documents.

I want to talk to about the change address form and why it’s important you update your records with the court.

So let’s assume you filed for divorce, you live in location A, you file for divorce on your summons; and petition; and case cover sheet, that tells the court where you live, that’s the court, that’s the address the court’s going to have on record for you.

Not that they’re going to mail anything to you, probably but if they were say for instance, to set a hearing or something along those line, they do that by mail. They don’t call you. So, you’re going to want to have your address correct with them.

The most important part is when you file your judgment. When you file your judgment, you’re going to file several documents. It’s 20 to 25 pages depending on your circumstances and one of those is a notice of entry of judgment form. It’s FL-190 I believe, that form is going to be mailed to you when you submit your final judgment.

If the address on that document does not match the address that you initially filed with the court, if all your paperwork is correct, everything is else is fine, they will reject your judgment because of a wrong address, this is form MC-040 I believe.

You can submit that change of address with your judgment just make sure you serve a copy or at least you give evidence of serving a copy on the other party.

But make sure you have that change of address completed either before you submit your judgment or along with the submitted judgment so they’d know that the address is correct and you notified the other party.

My name is Tim Blankenship divorce661.com is our site.

For more information, you can give us a call at 661-281-0266.

We specialize in the California divorce process, thanks!