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.