How To Get A Divorce In California Without A Lawyer | California Divorce

Posted by Tim Blankenship on

How To Get A Divorce In California Without A Lawyer

Divorce can be a challenging and costly process, but what if you could navigate it without the hefty fees of an attorney? Many people don’t realize that in California, you are not required to have a lawyer to finalize your divorce. You can represent yourself, known legally as proceeding “in pro per,” and successfully complete the divorce process on your own.

My name is Tim Blankenship, and through my service at Divorce661, I help individuals across California manage their divorces without the need for expensive legal representation. In this article, I’ll walk you through what it means to get a divorce without a lawyer, how self-representation works, and how services like ours can assist you in a cost-effective and amicable way.

Understanding Divorce Without a Lawyer in California

Many people assume that hiring a lawyer is mandatory when filing for divorce, but that’s simply not the case in California. You have the option to represent yourself throughout the entire process. This is called going “in pro per,” which means you are self-represented. You can file the necessary paperwork, attend court hearings, and finalize your divorce without ever hiring an attorney.

While this may sound intimidating, thousands of Californians successfully complete their divorces on their own every year. The key is having the right guidance and resources to help you understand the steps and paperwork involved.

Why Choose to Represent Yourself?

  • Cost savings: Attorney retainers in California typically start at around $5,000, even for uncontested divorces. This can be a significant financial burden for many families.
  • Control: Representing yourself gives you direct control over your case without relying on a third party.
  • Simplicity: Many divorces, especially uncontested ones, follow a straightforward process that you can manage with the right preparation.

How a Legal Document Preparation Service Can Help

If the idea of handling your divorce entirely on your own feels overwhelming, there’s a middle ground. Services like Divorce661 provide legal document preparation and guidance without acting as your attorney. This means you remain unrepresented but benefit from expert assistance in preparing accurate court documents and understanding the process.

We do not represent either party in the divorce — our role is to help you and your spouse navigate the paperwork and procedural requirements as smoothly as possible. This approach is both cost-effective and efficient, especially if you and your spouse are on amicable terms.

Affordable and Accessible Support

Our fees start at $699, a fraction of what many attorneys charge. Whether your divorce is uncontested or you simply want to avoid the high costs of legal representation, services like ours can help you finalize your divorce anywhere in California. We work with all California courts and handle 20 to 30 divorce cases each month, so you can be confident that you’re in experienced hands.

Steps to Get a Divorce in California Without a Lawyer

  1. File the initial divorce petition: This is the official start of your divorce case.
  2. Serve your spouse: You must legally notify your spouse by serving them with the divorce papers.
  3. Complete financial disclosures: Both parties disclose assets, debts, and income.
  4. Negotiate terms: If uncontested, you and your spouse agree on division of property, custody, and support.
  5. Submit final paperwork to the court: This includes your marital settlement agreement and judgment forms.
  6. Attend court hearings if necessary: Some cases may require a brief court appearance, but many can be finalized without it.

While these steps may seem technical, having proper document preparation and guidance can make the process straightforward and manageable without a lawyer.

Need Help? Reach Out for a Consultation

If you’re considering getting through your California divorce without an attorney but want professional help to ensure everything is done correctly, feel free to contact me. At Divorce661, I’m happy to discuss how we can assist you in navigating the divorce process efficiently and affordably.

You can call us at 661-281-0266 or book a consultation online at divorce661.com. Our goal is to help you and your spouse move forward amicably and with confidence.

Conclusion

Getting a divorce in California without a lawyer is not only possible but can be a smart choice for many couples looking to save money and maintain control over their case. With the right preparation and support, you can successfully navigate the divorce process on your own or with the help of a legal document preparation service.

Remember, you don’t have to face this challenging time alone, and affordable assistance is available to help you every step of the way.

Wishing you the best on your journey toward a fresh start.

Divorce 661 Santa Clarita Divorce Paralegal Process: Simplifying Your Amicable Divorce | Santa Clarita Divorce

Posted by Tim Blankenship on

Divorce 661 Santa Clarita Divorce Paralegal Process: Simplifying Your Amicable Divorce

Going through a divorce is already a challenging and confusing time. The last thing you need is to be overwhelmed by complicated paperwork, legal jargon, and endless court visits. Fortunately, Divorce 661, led by Tim Blankenship, offers a streamlined, affordable, and hassle-free solution for amicable divorces in California. This article breaks down how Divorce 661 can save you time, money, and stress by handling the entire divorce process efficiently on your behalf.

The Challenges of Navigating Divorce on Your Own

Divorce is never easy, but the process itself can add unnecessary frustration. Courts provide little guidance, and the sheer volume of forms filled with complex legal language can quickly become overwhelming. Attempting a do-it-yourself divorce often leads to mistakes, delays, and repeated trips to court. On the other hand, hiring an attorney may be costly and slow, leaving you stuck in a lengthy process that drags on for months.

Introducing Divorce 661: Your Affordable and Fast Divorce Solution

Since 2012, Divorce 661 has helped thousands of clients in California avoid the common pitfalls of divorce paperwork and court procedures. Specializing exclusively in amicable divorces, Divorce 661 offers a full-service legal document preparation process that is designed to be completed in days rather than months.

Here’s what sets Divorce 661 apart:

  • Affordable: Unlike traditional legal fees, Divorce 661 provides a cost-effective alternative to hiring an attorney.
  • Fast: The process is streamlined and efficient, allowing for rapid completion without unnecessary delays.
  • Hassle-Free: You never have to go to court or miss work. Divorce 661 handles all court communications and paperwork on your behalf.
  • California-Wide Service: Whether you’re in Santa Clarita or anywhere else in California, Divorce 661 is ready to assist.

How Divorce 661 Works

Divorce 661’s process is designed to minimize your involvement in the legal complexities while keeping you informed every step of the way. You work directly with their expert team, who prepares and files all necessary documents with the courts. This means you avoid the confusion of navigating the court system alone and the time lost attending hearings.

Because Divorce 661 focuses solely on amicable divorces, the service is ideal for couples who can agree on terms and want a straightforward resolution without conflict or drawn-out battles.

Benefits of Using Divorce 661

  1. Save Time: The process is completed within days, not months.
  2. Save Money: More affordable than attorney fees, making divorce accessible.
  3. Avoid Court: No need to appear in court or navigate confusing legal procedures on your own.
  4. Peace of Mind: Professional handling reduces stress and uncertainty.

Schedule Your Free Consultation Today

If you’re facing divorce in California and want a quick, easy, and affordable solution, Divorce 661 is here to help. Schedule a no-obligation 15-minute consultation to discuss your situation and learn how Divorce 661 can take the burden off your shoulders.

Visit divorce661.com to get started and take the first step toward a hassle-free divorce.

Conclusion

Divorce doesn’t have to be a long, expensive, and stressful ordeal. With Divorce 661, you can navigate the process quickly and affordably, without the headache of court appearances or confusing paperwork. Specializing in amicable divorces across California, Divorce 661 offers a trusted paralegal service that puts you first, saving you time, money, and stress.

Let Divorce 661 handle your divorce from start to finish—so you can focus on moving forward with your life.

How To Prepare Your California Divorce Judgment Forms | California Divorce

Posted by Tim Blankenship on

How To Prepare Your California Divorce Judgment Forms

Navigating the final stages of a California divorce can be overwhelming, especially when it comes to preparing and submitting your divorce judgment forms. Tim Blankenship of Divorce661 shares valuable insights on how to handle this crucial step, particularly for those who are managing their divorce without professional legal help. This guide breaks down the process, offering practical advice to help you complete your judgment forms correctly and avoid common pitfalls.

Understanding the Divorce Judgment Phase

The divorce judgment is essentially the final agreement or stipulation that concludes your divorce case. It’s the last step after filing, serving papers, and attending court hearings. However, this phase is often where many self-represented individuals hit a wall. Tim highlights that the judgment packet can be quite extensive—sometimes 40 to 50 pages long—and it requires careful attention to detail.

Many people attempt to do their own divorce and only seek help when they face difficulties at this stage. Tim recalls a client who brought in a large packet of court documents and expressed frustration, saying, “I can’t deal with this anymore, can you help us?” This is a common scenario, and it underscores how challenging the judgment phase can be without guidance.

Challenges of Preparing Your Own Divorce Judgment

Preparing your own divorce judgment forms is possible but can be very difficult. The complexity arises because the judgment consolidates all the decisions and agreements made throughout the divorce process. If you’ve done everything yourself up to this point, you might be tempted to just mail in your paperwork and consider it done. However, this approach often leads to delays or rejection by the court due to improper preparation.

Tim recommends reaching out for professional help early, but acknowledges that not everyone can or wants to do that. For those who choose to proceed on their own, following the correct steps is essential to avoid frustration and ensure your case moves forward smoothly.

Step-by-Step Guide to Submitting Your Divorce Judgment Forms

Tim provides a clear, practical checklist for submitting your judgment forms correctly:

  1. Make Multiple Copies of Every Document: You will need four copies of every form and document included in your judgment packet. This ensures you have an original plus enough copies for the court and all parties involved.
  2. Prepare Three Sets of Envelopes Addressed from the Court: These envelopes are crucial for the court to send documents back to you and the other party after processing.
  3. First Set – Large Envelopes for the Judgment: Use two 9×12-inch envelopes (or similar size) for mailing the judgment documents. These envelopes are designed to hold thick packets without folding. They should be addressed from the court to you and the other party, with proper postage attached. It’s important to weigh the envelopes or add extra postage to cover the weight.
  4. Second Set – Regular Envelope for Notice of Entry of Judgment: This is a separate single-page form that the court mails independently. You only need one first-class stamp on this envelope.
  5. Third Set – Envelopes for Default Cases (If Applicable): If your case involves a default judgment (using form FL-165), you will need another set of envelopes addressed from the court with postage attached for mailing the default request.

By organizing your submission in this way, you help the court process your judgment efficiently and ensure you receive all necessary documents promptly.

Additional Tips and Resources

Tim plans to make a detailed slide presentation available via SlideShare, which will include all the forms and instructions needed to properly prepare your divorce judgment packet. This resource aims to assist those who want to handle their divorce paperwork independently but need a clear roadmap.

For anyone who gets stuck or feels overwhelmed, Tim encourages reaching out for professional assistance. The Divorce661 service offers expert help for California divorces, providing support wherever you are in the state.

Contact information for those interested in professional help:

Conclusion

Preparing your California divorce judgment forms is a detailed and sometimes daunting task, especially if you’re doing it yourself. Understanding the volume of paperwork, the need for multiple copies, and the importance of properly addressed and stamped envelopes can make a significant difference in how smoothly your case concludes.

Remember, while self-help is commendable, professional guidance is available and can save you time, stress, and potential errors. Whether you choose to handle your divorce judgment independently or seek expert assistance, following these steps will help you move forward confidently.

“If you get stuck, call us. We’d love to help you out.” – Tim Blankenship, Divorce661

4 Reasons Your California Divorce Request to Enter Default Is Rejected | California Divorce

Posted by Gail Brion on

4 Reasons Your California Divorce Request to Enter Default Is Rejected

Navigating a divorce in California can be complicated, especially when it comes to filing paperwork correctly. If you’ve recently submitted a request to enter default and found it rejected, you’re not alone. I’m Tim from Divorce661.com, and I specialize in California divorce cases. Today, I want to share the top reasons your request to enter default might get rejected, helping you avoid common pitfalls and move your case forward smoothly.

Understanding the Request to Enter Default

In California divorce proceedings, a request to enter default is filed when the other party doesn’t respond within the required timeframe. This allows the filing party to move forward with the case without the other party’s input. However, many requests get rejected due to procedural mistakes or misunderstandings about the process. Let’s break down the most frequent reasons why this happens.

1. Your Spouse Filed a Response

The very first reason your request to enter default can be rejected is if your spouse has already filed a response. A default can only be entered if no response is filed. If your spouse submits a response—even after the initial 30-day period you waited to file default—your request will be rejected.

It’s important to note that while you must wait 30 days after serving your spouse before filing for default, the court may take several weeks, sometimes up to a month, to process your request. During this waiting period, your spouse still has the opportunity to file a response, which will be entered immediately and cause your default request to be rejected.

2. Address Discrepancies or Changes

If the address you list on your request to enter default differs from the address on your original petition, your request could be rejected. This usually happens when your spouse has moved, or you have filed a substitution of attorney or a notice of change of address, but the updated address isn’t reflected on your default request.

To avoid this, make sure you either file a change of address with the court or provide a clear explanation as to why the default request is being served at a different address than what was originally listed.

3. Errors or Premature Filing on the Form

Simple mistakes on the form can lead to rejection. These errors include incorrect case numbers, wrong party names, missing or incorrect dates, or missing signatures. Additionally, if you file your request to enter default before the required 30-day period after service has elapsed, the court will reject it as premature.

Double-check your forms for accuracy and timing before submission to ensure they meet court requirements.

4. Incomplete or Missing Proof of Service

One of the most critical documents in this process is the proof of service, which confirms that the divorce papers were properly delivered to your spouse. You cannot file a default without first filing this proof.

If you fail to file the proof of service, or if the proof of service is incomplete or incorrectly filled out, your request will be rejected. The court needs clear confirmation that your spouse was served and that the required time has passed before entering default.

Additional Important Consideration: Consistent Addresses

I recently encountered a unique case where the request to enter default was rejected due to address inconsistencies between the petition and the default request. Courts want to understand why the service address differs from the petition address. If you find yourself in this situation, it’s important to provide a clear explanation to the court to avoid rejection.

Conclusion

Filing a request to enter default in a California divorce case can be straightforward if you avoid these common mistakes. Remember to:

  • Confirm your spouse has not filed a response.
  • Ensure addresses are consistent or properly updated.
  • Complete forms accurately and file them on time.
  • File a complete and correct proof of service before your request.

If you have questions or need assistance with your divorce paperwork anywhere in California, feel free to reach out. At Divorce661.com, we’re here to help you navigate the process smoothly and efficiently.

Tim Blankenship

Why You Should NEVER File a DEFAULT When In Agreement: Santa Clarita Divorce Advice | Santa Clarita Divorce

Posted by Tim Blankenship on

Why You Should NEVER File a DEFAULT When In Agreement: Santa Clarita Divorce Advice

When navigating the complexities of divorce, especially in Santa Clarita, it’s crucial to understand the right steps to take if you and your spouse are in agreement on the terms. Tim Blankenship of Divorce661 sheds light on a common misconception: filing a default when both parties agree. This article breaks down why filing a default is not the solution and what you should do instead to ensure your divorce proceeds smoothly through the court system.

Understanding the Default Filing in Divorce Cases

A default filing occurs when one spouse does not respond to the divorce petition within the specified time frame, allowing the other spouse to request the court to proceed without the non-responding party’s input. While this might seem like a straightforward path when spouses are in agreement, it can actually cause significant delays and complications.

Why Filing a Default Is a Mistake When You’re in Agreement

Tim Blankenship emphasizes that if you and your spouse have agreed on the divorce terms, filing a default is not the right approach. “Do not do a default with no agreement – they’re never going to get through the court,” he warns. Courts require documentation that reflects mutual agreement rather than unilateral action. Without a formal agreement, the court cannot finalize the divorce, which means your case will stall indefinitely.

What to Do Instead: Preparing the Marital Settlement Agreement

The key to a smooth divorce when both parties agree is to prepare and submit a Marital Settlement Agreement (MSA). This document outlines all the terms agreed upon, such as property division, child custody, and support arrangements. It serves as the foundation for the court’s approval and finalization of the divorce.

  • Prepare the MSA carefully: Ensure that all agreed-upon terms are clearly and accurately documented.
  • Submit the MSA with your paperwork: This is essential for the court to review and approve the terms.
  • Your spouse must complete their paperwork: Both parties need to fulfill their respective filing requirements to move the case forward.

The Importance of Cooperation in Divorce Proceedings

Divorce can be a difficult and emotional process, but cooperation between spouses can significantly reduce the stress and duration. When both parties actively participate by submitting the necessary documents and agreements, the court can process the divorce efficiently.

Filing a default without an agreement not only delays the process but can also lead to unnecessary legal battles, increased costs, and frustration. Instead, by working together and submitting a comprehensive Marital Settlement Agreement, you set the stage for a smoother, more amicable resolution.

Conclusion

If you find yourself going through a divorce in Santa Clarita and you and your spouse are in agreement, remember this critical advice: never file a default without an agreement. Instead, focus on preparing a detailed Marital Settlement Agreement and ensure both parties complete their paperwork. This approach will help you avoid court delays and move your divorce toward a successful conclusion.

By following these guidelines, you’ll be better equipped to handle your divorce with clarity and cooperation, reducing stress and paving the way for a fresh start.

🤔 Divorcing with Children Born Before the Marriage (What They Don’t Tell You) | California Divorce

Posted by Tim Blankenship on

🤔 Divorcing with Children Born Before the Marriage (What They Don’t Tell You)

Going through a divorce is complicated enough, but when children born before the marriage are involved, the process can become even more challenging. Many people don’t realize there are specific legal requirements that need to be met to avoid delays or rejections in court. As someone who has handled numerous cases in this area, I want to share crucial information that often gets overlooked but can make a significant difference in your divorce proceedings.


.

Understanding the Importance of the Declaration of Paternity

In my experience, I’ve recently encountered five new cases where the spouses had children born before their marriage. This situation is more common than you might think, and if you fall into this category, there is a critical step you need to take when filing your divorce petition.

Specifically, you must attach the Declaration of Paternity to your petition. This document legally establishes who the father of the child is, which is essential for custody, support, and other family law issues during divorce.

Why is the Declaration of Paternity Necessary?

Without this declaration attached, your divorce paperwork—particularly the judgment form known as FL-170—is at risk of being rejected by the court. The FL-170 is a vital document in finalizing divorce orders, and courts require all relevant information regarding children involved, including those born before the marriage.

Failing to provide the Declaration of Paternity can cause unnecessary delays and complications, which no one wants during an already stressful time. Ensuring this document is included helps clarify parental rights and responsibilities from the outset.

Steps to Take When Divorcing with Children Born Before the Marriage

  • Identify all children born before the marriage: Be upfront and clear about all children involved, regardless of when they were born.
  • Obtain and complete the Declaration of Paternity: This form legally confirms the paternity of the child. It’s essential to have this on file before submitting your divorce petition.
  • Attach the Declaration of Paternity to your petition: When filing, make sure this document accompanies your paperwork.
  • Include the Declaration with your FL-170 Judgment: This ensures the court has all necessary documentation to proceed without rejecting your judgment.
  • Consult with your attorney or family law professional: If you have any doubts or questions about the process, seek legal advice to avoid pitfalls.

Why Courts Are Strict About This Documentation

Family courts prioritize the best interests of the children involved in any divorce case. Establishing clear parentage through the Declaration of Paternity is a foundation for decisions about custody, visitation, and child support. Courts want to avoid ambiguity and ensure every child’s rights are protected, which is why they enforce strict documentation requirements.

Final Thoughts

Divorcing when children were born before the marriage comes with unique challenges that most people are not prepared for. One of the most commonly overlooked yet critical steps is attaching the Declaration of Paternity to both your divorce petition and the FL-170 judgment form. Without this, your paperwork could be rejected, causing delays and additional stress.

By understanding and following these requirements, you can help ensure your divorce process goes more smoothly and that your children’s rights are properly represented. If you’re navigating this situation, take this advice seriously—it could save you time, money, and heartache.

For more insights and guidance on divorce, especially when children are involved, keep informed and prepared. Your family’s future depends on it.

FILING a RESPONSE is a BIG MISTAKE: Uncontested California Divorce | California Divorce

Posted by Tim Blankenship on

FILING a RESPONSE is a BIG MISTAKE: Uncontested California Divorce

I’m Tim Blankenship of Divorce661. I get a lot of calls from people who were served with divorce paperwork and, out of fear or habit, immediately want to file a Response. But if you and your spouse are amicable, that knee‑jerk reaction may be unnecessary—and it can add time, cost, and complexity to a straightforward, uncontested divorce.

Why people rush to file a Response

Being served with divorce papers feels urgent. The documents usually include a deadline and that creates pressure to act immediately. Most people think filing a Response is the only way to protect their rights, so they file first and ask questions later.

That instinct makes sense, but it isn’t always the right move. As I often tell callers:

“a response is not required if you’re amicable.”

If both parties agree on the terms, there are simpler ways to finalize the divorce without turning it into a contested case.

 

Contested vs. uncontested: when a Response matters

Understanding the difference between contested and uncontested divorces is key:

  • Contested divorce: You and your spouse disagree on one or more significant issues—property division, support, custody, etc. Filing a Response is usually necessary to protect your legal interests and to formally participate in the process.
  • Uncontested divorce: You and your spouse agree on all major issues. When that’s the case, you can often proceed by signing and submitting the appropriate settlement documents rather than immediately filing a Response that signals a contest.

In amicable cases, filing an unnecessary Response can inadvertently convert an uncontested situation into a contested one—adding filing fees, exchanges of paperwork, and potentially court hearings.

Important caution

Every situation is different. Typically you have a limited time after being served to file a Response; failing to respond when you should could lead to a default. If you’re unsure whether your case is truly uncontested, get guidance before deciding not to file.

If you and your spouse are amicable: practical options

When both parties are on the same page, here are practical steps to consider instead of reflexively filing a Response:

  • Talk to your spouse: Confirm in writing the agreements on property, support, custody, and debt.
  • Prepare a settlement agreement: A Marital Settlement Agreement or similar document that lays out all terms can be submitted to the court to finalize the divorce.
  • Use the right paperwork: Work with a knowledgeable attorney, document preparer, or a court clerk to file the correct uncontested forms so you avoid unnecessary filings and fees.
  • Get professional help if needed: If anything is unclear, call a professional. As I tell people:

    “give me a call it can help you get through the process without the extra fee.”

When you should still consider filing a Response

There are times when filing a Response is the safest move:

  • There are disputes over major assets, debts, or custody.
  • You need to preserve rights while negotiations continue.
  • You suspect the other party isn’t being truthful or may later change the agreement.
  • You were improperly served or the paperwork contains errors—filing protects your position while you resolve service or procedural issues.

A simple checklist if you were just served and you’re amicable

  1. Take a breath—don’t file immediately out of panic.
  2. Read the paperwork carefully and note the service date and deadlines.
  3. Talk with your spouse and confirm what you both agree on in writing.
  4. Contact a professional to confirm the best procedural path—uncontested settlement filing vs. filing a Response.
  5. If you proceed uncontested, ensure the settlement and judgment paperwork are prepared and filed correctly to avoid delays or extra fees.

Conclusion

Filing a Response right away can be a big mistake when you and your spouse are amicable. It can turn a simple, uncontested divorce into a contested, costlier process. Take a moment to assess the situation, confirm your agreement with your spouse, and get guidance on the correct paperwork. If you want help navigating this without adding fees or unnecessary steps, give me a call—I can walk you through how to get the divorce finalized smoothly and efficiently.

🤞 San Francisco Divorce Court Judgments are Different: Uncontested San Francisco Divorce | San Francisco Divorce

Posted by Gail Brion on

🤞 San Francisco Divorce Court Judgments are Different: Uncontested San Francisco Divorce

I’m Tim Blankenship with Divorce661. If you’re filing an uncontested divorce in San Francisco, there’s one local preference that can save you time and headaches: the court typically wants a signed Marital Settlement Agreement (MSA) — the actual narrative of your agreement — rather than relying solely on a generic judgment form. Keep that in mind when you prepare and submit your judgment paperwork.

Why San Francisco handles judgments differently

Counties handle family law paperwork differently. In San Francisco, clerks and judges expect the parties’ detailed agreement (the MSA) to be the document that the court incorporates into its judgment. The MSA is the narrative that explains what the parties agreed to — division of property, spousal support, child custody and support, and any other terms — rather than just checking boxes on a standard judgment form.

San Francisco is one of the counties that wants a Marital Settlement Agreement — the actual narrative — versus using the judgment form.

What is a Marital Settlement Agreement (MSA)?

An MSA is a written contract between spouses that lays out every material term of the divorce settlement. Unlike a one-page judicial form, the MSA provides the narrative detail the court needs to make the agreement part of the final judgment.

  • Contents: division of community and separate property, debt allocation, spousal support terms, parenting plan, health insurance, tax issues, and enforcement language.
  • Signatures: it must be signed by both parties (and often notarized if required by local practice).
  • Attachment to judgment: the court usually incorporates the MSA by reference into the final judgment or decree.

Practical checklist before filing in San Francisco

  1. Prepare a clear, complete Marital Settlement Agreement that narrates each settlement term.
  2. Ensure both parties sign the MSA. Notarize if appropriate or required.
  3. Prepare a proposed Judgment or Decree that explicitly incorporates the MSA by reference (e.g., “The Court incorporates the Marital Settlement Agreement dated [date] into this Judgment”).
  4. Attach the signed MSA to the proposed Judgment when you file with the clerk.
  5. Confirm local filing requirements with the San Francisco Family Law Clerk or the court’s website — procedures and required forms can change.

Tips to avoid common problems and delays

  • Don’t rely solely on a short judgment form. Attach the full MSA as the controlling document.
  • Use plain, unambiguous language in the MSA. The court will incorporate the exact terms you provide.
  • Number and label each section in the MSA (e.g., “Property Division,” “Spousal Support,” “Custody & Visitation”) so the clerk and judge can easily reference provisions.
  • Check for signature and date lines for both parties and include mailing addresses for future correspondence if the court requires them.
  • If you’re unsure, contact the Family Law Facilitator or the clerk’s office in San Francisco before filing — a quick question can prevent rejections and continuances.

When to get help

If your case involves complicated property division, retirement accounts, business interests, or disputes about parenting time and child support, consider consulting a family law attorney. Even in uncontested matters, an attorney can draft an MSA that avoids ambiguity and protects your rights.

Conclusion

If you’re turning in a judgment in San Francisco, remember: the court usually wants the full Marital Settlement Agreement — the narrative of your settlement — incorporated into the judgment rather than just a simple judgment form. Prepare a clear, signed MSA, attach it to your proposed judgment, and confirm any local filing nuances with the court. That small step will often prevent delays and ensure your judgment reflects exactly what you and your spouse agreed to.

You’re Doing Something Wrong If Your Amicable Divorce Takes Longer Than This | California Divorce

Posted by Gail Brion on

You’re Doing Something Wrong If Your Amicable Divorce Takes Longer Than This

I’m Tim Blankenship of Divorce661. In a short video I said it plainly: an amicable divorce in California should not take longer than six months — unless something goes wrong. Here’s a clear, practical guide to why that is, what commonly causes delays, and exactly what you can do to finish your divorce on time.

“If you have an amicable divorce in California there’s no reason your divorce can’t be finalized in six months unless you’re messing up the paperwork, your case is contested, or you’re going to trial.”

How long does an amicable divorce actually take in California?

California law contains a mandatory waiting period: you cannot finalize the divorce until at least six months have passed from the date the respondent (the other spouse) was served with the divorce papers. That six-month clock is the baseline. If both parties cooperate and the paperwork is handled correctly, six months is typically all you need.

Three common reasons an amicable divorce drags on

1. Messing up the paperwork

  • Incomplete forms, missing signatures, incorrect or missing dates, and filing errors are the most common avoidable delays.
  • Improper service (not served correctly or proof of service not filed) stops the six-month clock or invites challenges.
  • Failing to exchange required financial disclosures or not filing the judgment packet correctly will keep the court from entering a final judgment.

2. The case becomes contested

  • If one spouse objects to terms — property division, support, or custody — you move out of the “amicable” track and into negotiation, motion practice, or settlement conferences.
  • Contested matters often require hearings, which add weeks or months depending on court calendars.

3. You’re going to trial

  • Trials are time-consuming: discovery, motions, trial preparation, and the trial itself can extend the process by many months (or longer).
  • If both sides insist on litigating disputed issues, there’s no realistic way to keep to the six-month timeframe.

Step-by-step checklist to finalize an amicable divorce in six months

  1. Prepare and file the initial paperwork: petition/petitioner documents and summons.
  2. Have the other spouse properly served and file proof of service with the court.
  3. Exchange required financial disclosures and supporting documents promptly.
  4. Negotiate and draft a written settlement (Marital Settlement Agreement or Judgment terms) covering property, debts, support, and custody if applicable.
  5. Prepare the final judgment packet and any required declarations or attachments the court requires.
  6. File the judgment documents and request entry of judgment once the mandatory six-month waiting period has passed.
  7. Follow up with the court clerk for any requested corrections and obtain a filed copy of the final judgment/decree.

Practical tips to avoid delays

  • Double-check every form before filing: names, dates, signatures, and attachments.
  • Serve correctly and promptly — improper service is an easy delay you can prevent.
  • Exchange financial disclosures quickly. Transparency speeds settlement.
  • Use a mediator or collaborative process if any disagreements start to arise; it prevents escalation to litigation.
  • Consider using a family law attorney, experienced legal assistant, or reputable document service to prepare paperwork correctly.
  • Know your local court’s clerk procedures and timelines — small administrative requirements can cause setbacks.

When longer timelines are unavoidable

Certain situations legitimately require more time: complicated assets (businesses, pensions), high-conflict custody battles, domestic violence orders, or when one party is unreachable or refuses to cooperate. In those cases, the process shifts from a straightforward uncontested dissolution to contested litigation, and the timeline becomes unpredictable.

Conclusion

If you and your spouse are on the same page, there’s no legal reason an amicable divorce in California should take more than the mandatory six months — provided you handle the paperwork correctly and avoid turning the case into a contested matter or trial. Be organized, exchange disclosures, get your settlement in writing, and file the judgment paperwork promptly after the waiting period. Do that, and you’ll get to closure on schedule.

If you need help staying on track, consider reaching out to a qualified family law professional or court self-help resources in your county — they can keep small mistakes from becoming long delays.

CHILD SUPPORT or Not: This Is Required for an Uncontested California Divorce | California Divorce

Posted by Tim Blankenship on

 

CHILD SUPPORT or Not: This Is Required for an Uncontested California Divorce

Bottom line: whether or not you and your spouse agree to child support or no child support, you still need to attach a child support calculation as part of your overall divorce package.

whether or not you and your spouse agree to child support or no child support you still need to attach a child support calculation as part of your overall divorce package

Why a child support calculation is required

The court’s primary concern in family law matters is the best interest of the child. Even in uncontested cases where both parents agree on support or agree that no support is appropriate, the family law court expects a clear, documented calculation that shows how the result was reached.

Submitting a child support calculation does three important things:

  • Shows transparency: It documents income, expenses, and the method used to reach the support figure.
  • Protects the court’s duty: It helps judges confirm the arrangement meets legal guidelines and the child’s needs.
  • Prevents delays: Proper documentation reduces the chance the court will reject or ask for additional paperwork, which can slow finalization.

What a proper child support calculation should include

A complete calculation is more than a single dollar amount. At minimum, it should contain:

  • Both parents’ incomes: wages, salaried income, overtime, commissions, bonuses, and self‑employment income.
  • Parenting time or custody arrangement: time the child spends with each parent, which can affect the guideline amount.
  • Health insurance and medical expenses: premiums and out‑of‑pocket costs for the child.
  • Childcare costs: work‑related day care or special needs care expenses.
  • Mandatory deductions: payroll taxes, mandatory retirement contributions, and court‑ordered support for other dependents.
  • Supporting documents: recent pay stubs, year‑to‑date earnings, and most recent tax returns to back up the numbers.

How to prepare and attach the calculation

  1. Gather proof of income for both parents: pay stubs, tax returns, and statements for self‑employment.
  2. Estimate monthly childcare, health insurance, and work‑related expenses for the child.
  3. Use an approved guideline worksheet or an official child support calculator to run the numbers. Keep the worksheet or printout as your completed calculation.
  4. Attach the completed calculation and supporting documents to your divorce filing packet or final judgment paperwork as required by your local court.
  5. Confirm with the court clerk or local court rules whether any specific forms or labeling are required so your packet is accepted without delay.

If you and your spouse agree to no child support

An agreement to waive child support still requires documentation. The court will want to see the calculation that demonstrates why no child support is appropriate—whether because parents’ incomes offset each other, shared costs are handled differently, or another valid reason exists.

Do not rely on a verbal agreement. A written calculation and a signed agreement are far more likely to be accepted and enforced. The court may also ask questions to ensure any waiver is knowingly and voluntarily made and that the child’s needs are protected.

Common pitfalls to avoid

  • Submitting an incomplete or unsigned calculation document.
  • Failing to include up‑to‑date income proof or ignoring overtime and bonus income.
  • Forgetting to add health insurance and childcare costs for the child.
  • Assuming a verbal or informal agreement means no paperwork is required.
  • Not checking local court requirements, which can vary by county.

Quick checklist before you file

  • Completed child support calculation showing how the number (or zero) was reached
  • Pay stubs and tax returns for both parents
  • Documentation of health insurance and childcare costs
  • Signed agreement if parents have mutually agreed to an arrangement
  • Confirm local court rules to ensure all required attachments are included

Final thought

Even in the smoothest uncontested divorces, a child support calculation is not optional. Treat it as part of the core paperwork: prepare it carefully, back it up with documents, and attach it to your divorce package so the court can approve your final agreement without unnecessary delays.