California Divorce Petition Must Have Date Of Separation

Posted by Tim Blankenship on

When you were completing your California Divorce petition form number FL – 100 you need to complete section 3 where it says date of marriage and date of separation.

In the last week alone I have had two phone calls from potential clients who started their divorce case on their own and who did not complete the date of separation. Meaning they did not put a date where it asks for date of separation nor did they indicate the length of marriage.  When I tell them that their petition is faulty and will have to be amended and corrected and refiled they usually explain that the reason they did not put in the date of separation is because they are not legally separated or because they are still living together.

It does not matter if you are still living together or not you still have to put in a date of separation and indicate the length of marriage.

because you’re going to have to re-file an amended petition and have your spouse re-served.

 

Here are a few ideas of what you can use for the date of separation. First if you have no other date in mind meaning, meaning you didn’t discuss a previous date to use as a date of separation most people just default and use the date they are filing for divorce as the date of separation. You can do this even if you are still living together.

Second if there is a date in the past that you either discussed getting divorced or you moved out of the house or even if you moved into the spare bedroom or started sleeping on a couch that is a data separation you could use as well.

Keep in mind the date of separation you use can be very important in some divorce cases. However if you are going through an amicable divorce the date of separation is not going to be that important. Meaning if you are in agreement to all the terms of your divorce the date of separation will not play an important role.

Because we see these types of mistakes and others often we recommend you use our divorce service from day one before you ever file a single divorce document. What people don’t know is if you make even a single mistake or miss even a single check box on the divorce petition it will have to be amended and if you are several months into the process of your divorce this will cause the six-month cooling off period to begin again

Completing The California Divorce Summons & Petition [Slideshare & Podcast]

Posted by Tim Blankenship on

This article includes information on how to complete the California Summons and Petition.  It includes a Slideshare and podcast.  The text of this article are is the transcription of the audio.

Hi this is Tim Blankenship with divorce661.com today we are talking about the upload we did to slide share. We wanted to go over the slide share and upload this audio to our slide share website what we have uploaded today which is the initial documents you’ll need to start your California divorce.

What we have here is the petition the summons the family law case cover sheet and a form called the declaration under uniform Child custody jurisdiction and enforcement act. These are the initial four forms you need to get your case filed in California and we uploaded these documents to slide share because these are documents that have some helpful information on them.

Listen to internet radio with Tim Blankenship on BlogTalkRadio

What you’ll see is if you open up the slide share and you’ll find on our slide share.net site or on our website divorce 661.com on the petition and on all the forms there’s some helpful information on what to write down.  The biggest question people have when completing these documents is how to fill them out and have questions on what box do I check etc.  So we are going to briefly go over these forms you can use the slide share as an example when completing your document. We are going to talk about these a little bit.  First we have the petition and those on the petition that it tells you exactly what to do with the top with your name and address city state and ZIP Code where put the core information. Who’s the respondent who’s the petitioner and what box to mark for dissolution of marriage.

As you see them go down the form as far as statistical facts, declaration regarding children what to write if you have separate property, what to write if you have community property of petitioner’s requests.  At number six that lets you know what to fill out as far as irreconcilable differences. As far as number seven in petitioner’s requests because either giving information on who when and how to choose legal custody and physical custody they can use this form as a as a template if you will and will help you answer some of the questions you have as to filling out the petition.

The next form you’ll see in the slide share is the summons. The summons is fairly easy to complete this not a whole lot of information that needs to go on here. Basically just rename the attorney’s name and if you’re representing yourself which if your listing to this you probably are, you’re going to be your own attorneys and your information will go there.

Please note on the back of the summons there is some important information under standard family law restraining orders just make sure to take a look and read that, it is important to know.

The next form is the family law case cover sheet.  The cover sheet is only used to determine jurisdiction for the courts.  They want to  know where you live so they can make sure you’re in the right court. That form is fairly straightforward to fill out. It’s easy, not a lot to it,  just make you sure you sign it on page 2.

If you have children there’s one more form, it’s called the declaration under uniform child custody jurisdiction and enforcement act.  This form you’ll need if you have children and again is  fairly straight forward. They just want to know where your children have lived for the last five years because they will be making orders over your children they want to make sure they have the ability to do that.

So I hope you found this article and our our slide share helpful. We are a licensed and bonded legal document preparation firm specializing in divorce, so if you want help and professional assistance in preparing your divorce I would be glad to help you out. We do provide these free tutorials and slide shares for those people who have more time than money, but if you are looking for professional divorce assistance anywhere in California please feel free to give us a call.  We would be happy to help you out because that’s what we do as a business.

My name is Tim Blankenship with divorce661.com You can reach me direct at 661-281-0266

Information You Need To File For Divorce In California | Santa Clarita Divorce Service

Posted by Tim Blankenship on

Many people feel that they need to have everything figured out regarding their divorce before they file.  This is not true.

In this post, we will discuss the basic information and forms you need to file your case in California.

The first form you will need is the Petition.  This is form FL-100 and will contain most of the information about your requests and statistical information about your marriage.  Here is the information you need to complete the Petition for divorce.

  1. Your name, address and phone number
  2. Your spouses name address and phone number
  3. Date of marriage
  4. Date of separation
  5. Children’s names, date of birth and city & state they were born
  6. Your requests for legal and physical custody of the children
  7. Who is going to pay attorney fees?
  8. Do you want spousal support?
  9. Do you want to pay spousal support?

That is all the information you need to file the divorce Petition in California.

Next is the divorce summons.  This form only contains your name and address. It is fairly straight forward and does not even require a signature.

Depending on what county you file for divorce in, there will be some kind of case assignment sheet.  They go by different names.   It may be called a “Family Law Case Cover Sheet” or “Notice of Case Assignment”  All it is for is to let the court know where you reside so they can make sure you are filing in the proper court.

The last form you will need is the UCCJEA.  This form wants to know the names of your children and where they have lived for the last 5 years.  The court also wants to know if there are any other cases involving your minor children.

So there are only 3 forms you need to file for divorce.  There are 4 if you have children.

You don’t need much information to file for divorce in California.

When you use our Santa Clarita divorce service, these are the first set of divorce forms we will complete for you and which will be filed with the court and served on your spouse.

We are a licensed and bonded legal document preparation firm that specializes in divorce.  Please give us a call for more information.

You Have 30 Days After Divorce Petition Served To File Response | Santa Clarita Divorce

Posted by Tim Blankenship on

If you are going through a divorce in California, one thing you will receive is the Summons.  The divorce Summons can be scary to read so I wanted to discuss this form in detail.

The first thing the divorce summons says is “You Are Being Sued”.  What do you mean you are being sued?  Look, while this is a family law matter, it is still a lawsuit filed in a court of law.  You just need to get over it.  And understand this. You are being sued, but not like in civil court where you are the defendant because someone has alleged you have done something wrong.

The next thing you will read is the following caption:

“You have 30 calendar days after this Summons and Petition are served on you to file a Response at the court and have copy served on the Petitioner.  A letter or phone call will not protect you.  If you do not file your Response on time, the court may make orders affecting your marriage, your property, and custody of your children…”

Of all the divorce forms, this one troubles people the most and I want to discuss a few things.

First of all, what the court is referring to about the “30 days to file a response” is in regards to the other party having the ability to file a “Request to enter Default”.  While technically it is true that you need to file a response in 30 days, it is not necessary if you are planning on proceeding by way of default or by using a hybrid judgment for your divorce.

I am a big fan of the hybrid divorce.  This is a cross between a default and an uncontested.  A hybrid divorce judgment allows you to do all the things required by an uncontested divorce (both parties complete financial disclosures and enter into a written agreement) and a true default divorce.

When preparing a hybrid style divorce, you do not have to worry about filing a response.  So while the Summons says you have to file a response or risk losing certain rights, it is not part of the paperwork when completing a hybrid divorce in California.  This is because with a hybrid a request to enter default will be filed.

The difference is that the request to enter default will be submitted with the final divorce judgment along with the agreement instead of after the 30 day mark.

If you have more questions about the California Divorce Summons or about the “30 days to respond” language, please feel free to give us a call.

We are a licensed divorce service located at 27240 Turnberry Lane, Ste. 200 Valencia, CA 91355 and can be reached at 661-281-0266.

Both Filed For Divorce – What To Do – Santa Clarita Divorce

Posted by Tim Blankenship on

It does not happen very often, but often enough to write an article about. What do you do if both husband and wife file for divorce. Meaning, you both went down and filed a petition for divorce.

The times I have seen this happen have been when both parties are upset and they run out and hire an attorney and both of them are in a rush to file for divorce first.

Many issues can arise when two petitions are filed and we will discuss what to watch out for and how to correct it.

Recently a client called me with this exact problem. They both had filed for divorce over a year ago and two petitions were filed and thus, two cases were assigned for the same divorce proceeding.

The first problem comes down to one of the parties being served or filing a response on one of the cases. As happened here, because both parties filed a petition, neither party had ever been served in the other case and nobody had responded to the other case.

Essentially, the divorce had never started, despite over a year having gone by.

So how do you fix this. Well, the first thing they needed to do is get one of the parties served so they could start the clock on the 6 month cooling off period. Generally, you could just pick the case that was filed first. But in this case, many documents were filed under the later filed case, so we decided to use that case instead.

So now that the service is complete, you will need to draft a stipulation to combined the cases and have one of the Petitions to be treated as the Response. Of course, you could always just file a Response, but you would have to pay the filing fee again.

The stipulation would simply request that the petition in one case be treated as the Response. It is not entirely difficult, but both parties must sign and submit for the courts signature.

We are a licensed and bonded legal document preparation firm in Santa Clarita, CA and serve all the courts in Los Angeles County.

 

Does Signing The Divorce Petition Mean I Agree | Santa Clarita Divorce

Posted by Tim Blankenship on

There is a huge misunderstanding about a part of the divorce process that I want to clear up.  This is in regards to the California Divorce Petition and the requests you make.

The Petition is a form you will complete when you file for divorce.  It lets the court and the other party know what your are requesting.  Again, it simply tells the court what you are requesting.  They are not orders.

An issue we have been having is when we mail the Petition to the other party and ask them to sign a form acknowledging that they received the Petition.  Doing this helps us to avoid having to hire a process server.  When you sign the acknowledgment, it simply means that you received that divorce papers, not that you agree to the what is in the Petition or remainder of the divorce papers.

We recently mailed out some divorce papers to the respondent in a divorce case.  After the Respondent received the papers, he called the Petitioner and said he is not signing the papers because he does not agree with what the Petitioner is asking for.

So what are the options when this happens.  Well, the first thing you can do is attempt to explain it to them.  But it is unlikely that your spouse will listen to you since you are going through a divorce in the first place, but you can try.

The next thing I would try to do is have them get the answer from someone who is not involved.  Have them go to the court and ask the self help center if signing the acknowledgement of receipt means that you agree with what is in the petition.

If none of these work, then you will simply have to hire a process server to do it.  And again, just because the process server hands them paperwork does not mean they agree with what is in the petition either.