Steps To Filing A Divorce Motion | Santa Clarita Divorce

Posted by Tim Blankenship on

We have been completing a lot of divorce motions for people here in Santa Clarita and thought we would talk about the steps for filing a motion in your divorce case in Los Angeles County.

When I say motion, I am referring to a Request For Order which would be used for getting temporary orders for just about anything.  The most common motions during a divorce case is for Spousal Support or Child Support, Child Custody and Visitation.  But an RFO is for any type of temporary order you would like to as the court for.

I say temporary, because any motion you file during your divorce case will result in temporary orders that will be in effect until you submit your judgment or until further order of the court.

Those orders can them be included in the final order or you can change the orders all together, if by agreement.

So I wanted to go over the steps of things you will need to do if you want to file a motion in your divorce case.

First, you will need to complete a RFO (Request for Order) form.  This is form FL-300.  We won’t get into the details of actually filling out the form, rather, I wanted to discuss what is all involved.

If Request For Order Is Involving Children

If your motion has anything to do with children or child support etc., you will need to get a mediation date.  I recommend that you do not attempt to call the court for this. They rarely answer the phone at the courthouse and if you happen to reach someone, they will just tell you to request the mediation date online.

Here is the link to the Los Angeles County  Family Court Service Mediation Appointment Request Form which in another article we will discuss how to fill it out.

You will have to wait until you get your mediation date before you can file your motion.

Another thing you will need to do if your motion has anything to do with children is complete the PACT class which thankfully is now online.  Here is a link to the Our Children First Program online class.

If Request For Order Involves Money

If your request for order has anything to do with money such as child or spousal support, etc. you will also need to fill out an income and Expense Declaration Form FL-150.

If you do not follow these instruction you will have a very difficult time filing your motion.  Meaning it will be rejected by the court in most cases.

Have Us Prepare Your Motion

We specialize in preparing divorce motions for just about anything.  We will prepare everything for you, including your declaration and get your mediation date, file your motion with the court, get your hearing date and serve the papers on the other party.  All for one flat fee.

We are located in Santa Clarita, CA and can help you anywhere in Los Angeles.

Lot’s Of Santa Clarita Divorce Cases With Young Children Lately

Posted by Tim Blankenship on

We handle a lot of divorce cases in Santa Clarita and we pretty much see everything you could think of.  Lately, however, we have been getting an few divorce cases with very young children.

Two divorce cases this week were with children only 2 months old.  The youngest, I guess, would have been a divorce case where the mom was pregnant.

It is probably just a coincidence that these two cases came into our offices the same week.  But it was enough for me to take notice and the time to write this article.

When it comes to divorce, there is no right or wrong time I guess.  In both cases, the parties had talked and decided it was best if they divorced now.  What else were they supposed to do?  Stay married for the kids for 18 years?

In an earlier article this week, we discussed whether families should stay together or not for the kids. It just depends on the circumstances of what the right choice is.

When people come to our Santa Clarita divorce offices, we don’t usually get into the what or why people are getting divorced, especially when both are here in our office.  I am sure they know and we certainly don’t need to know.

Don’t want to open that can of worms in our office, or we wont get anything done.

Regardless of the timing or your divorce, it will never be a perfect time.  Sometimes it is just best to move on.  The hardest part is admitting it is over and taking the first step to calling our office and coming in to get the divorce process started.

If you are looking for an affordable way to get divorced, we can certainly help you.  Our office is located at 27240 Turnberry Lane, Ste. 200 Valencia, CA 91355.  We can be reached at 661-281-0266 and work by appointment only.  Feel free to give us a call to set up your appointment.

 

During Divorce Spouse Not Obligated To Pay Support Without Order | Lancaster, CA

Posted by Tim Blankenship on

I have a client in Lancaster I am getting ready to help today at 10:00 a.m. and figured it was a good article to discuss, as it comes us quite a bit.

Here is what is going on.

She had discussed filing for divorce with her husband.  They agreed that she would file for divorce and for some reason, the husband ran out and file for divorce first.  I don’t know why, nor did she.  But in case your wondering, there is no advantage of who files for divorce.  It is a no-fault state, and no preference is given to either party.

So her husband filed and them moved out of the house.  He felt it was okay to leave her with all the bills and not give her any support or help pay the bills or to take care of their child.

So she called me and wanted to know what she could do.  Here is what we discussed.

When you are going through a divorce, your spouse is not obligated to pay any spousal support or child support until there is an order from the court.  Now, most people don’t just cut off the other person, and in fact, most simply carry on with paying the bills together until the divorce is finalized.

But sometimes, one of the parties will do this where they are the sole income earner and leave their spouse high and dry.

So what do you do.  In this case, her husband had filed for divorce in the Lancaster, CA courthouse in Antelope Valley.  She needed to file a Response to the divorce, but more importantly, she needed to get some financial assistance from you husband to help pay the bills and for their child.

So what we are doing is both filing a Response to the divorce and filing a Request For Order for Spousal Support and Child Support so we can get a court hearing for the judge to make an order for support.

You see, if you are going through the divorce process and you need to get the other party to do something, you need to file a Request For Order.  These requests for orders will give you temporary orders until the entire divorce case is finalized.  They are not permanent orders.

The benefit to filing a motion like this is that you can get a hearing fairly fast.  Depending on the Court usually around 30 to 60 days.  If you don’t do this, you may be waiting a long time before you are able to finish your divorce case.  The order the court makes will be effective until further order of the Court or until the final judgment is entered in your divorce case.

We are a licensed and bonded legal document preparation firm that specializes in divorce.  We handle all of Los Angeles County Divorce cases and are headquartered in Santa Clarita.  Please give us a call for assistance with your divorce case.  We can help you file a Request For Order, get a court date and get some temporary orders in your divorce.

Our Palmdale | Lancaster Divorce Clients Say We Are Worth The Drive

Posted by Tim Blankenship on

We have a huge online marketing presence for our Palmdale divorce and Lancaster Divorce service.  We also have lots of clients who have come to us to help them with their divorce in Antelope Valley and file a lot of divorce cases with the Lancaster Court.

I think the reason so many people turn to us for our divorce service is because there is not a whole lot of options for help with your divorce in Palmdale or Lancaster.

Don’t get me wrong, there are options, but they are not good options.  Why do I say there are no good options.  Just check the reviews on Yelp.

Here are some of the terrible reviews for Lancaster and Palmdale divorce services.

Here is a 1 Star rating on Yelp – Reviewer said, “I recommend a different service!”

Here is a another 1 Star review on Yelp about another company regarding bad customer service

These were the only paralegal offices that even had a Yelp listing.  Look, you just can’t have bad service in a service industry.

But why do we say we are worth the drive?  Here is a little secret…  While we have plans to expand our service into the Palmdale / Lancaster area, our local office is located in Santa Clarita.

Here is great review on our divorce services

You would only have to come to our office once.  We can also prepare your divorce paperwork right over the phone if you don’t want to come to our office.

Yes, we get a lot of clients from Palmdale and Lancaster who have realized that we are the number one divorce document preparation service in Los Angeles County and we are worth the drive.

Why We Are Worth The Drive

  • Great Customer Service
  • Professional full time receptionist so your call is answered every time
  • Knowledgeable staff
  • We Specialize in Divorce
  • Get your divorce completed correctly, the first time

We work hard to provide a good experience to our divorcing clients.  We are not perfect and we do make mistakes on occasion. When that happens we step up and make it right.

To this day we have received nothing less than a 5 Start rating on Yelp and we are grateful.

So when I say we are worth the drive to get your divorce paperwork completed, I mean it.  Come on down and let the professionals handle your divorce.

Not Filing For California Divorce Because Of Kids?

Posted by Tim Blankenship on

I can’ tell you how many people I get coming into our Santa Clarita office to file for divorce a few weeks after their kids have turned 18.

In most cases this has been a planned event and the only reason that they stayed together was for the sake of the kids.  Man, we will do anything for our kids, won’t we?

Most of the women say they have stayed long past the point where they knew their marriage was over.

I read an article recently that gave an interesting twist on this subject and stated that they became a better mom after getting a divorce!

So let’s get into this a bit.  Statistics tell us that when children grow up in a home with a mom and a dad, kids will turn out better.  Of course this has a lot to do with actual parenting.

In this article, mom decided that it was better to file for divorce and move on, rather than keeping up pretenses.  And I would have to agree with that.  At least the part about now spending all her energy to keep up the appearances of a marriage.

Kids are not stupid.  They know when something is not right and when mommy and daddy are not getting along.  You are just not the same and they can feel it.  I have worked with enough divorcing parents to know.

You may not want to admit that your kids know or have a feeling something is wrong and that is understandable.  But from the parents I have spoke with, the kids were glad to have finally have been told what is going on as it eliminates the mystery for them.  Of course, this depends on the age of your children.

Whether staying together or getting a divorce is best for your children, only time will tell and everybody’s situation will be different.  I don’t think there is any cookie cutter or easy answer to this.  Waiting to file for divorce is similar to waiting until the holidays are over to file for divorce.

For the mom in this article, it appears that filing for divorce ended up being the best solution.

Where do you way in on this?  Make sure to leave a comment below.

Providing A Divorce Community Service In Santa Clarita

Posted by Tim Blankenship on

When we started our Santa Clarita divorce service, we never thought it would be considered a community service.  But after one of our clients spoke of it that way, well, I guess it actually is.

We are not a non-profit business, so how could we consider ourselves providing a community service?  Especially when were are talking about divorce?

This was stated to us in the form of a review someone left for us.  They basically said that because we have produced and written so many articles and videos about California divorce, that we have made learning and understanding the divorce process easy to find and understand.

And it is true that we have done those things.  I think over 1000 articles, 200 videos and at least 100 podcasts as of this writing on October 22, 2013, and we will continue to do more every day.

But now that they got me thinking about it, that is not the only reason I think we provide a community service in Santa Clarita with our divorce service.

Another reason I think it is a community service is because of the amount of money we save people on their divorce in California.

Before we started this business, you had only 2 options.  Hire an attorney, and we know how much hiring an attorney for your divorce costs.  Or attempting to do your own California divorce.  Neither of these options is idea.  The first is very expensive and the latter is, well, you don’t want to be doing your own divorce.

Whether it is truly a community service or not, we do feel good about the divorce service we provide in Santa Clarita.  And it is not just Santa Clarita that we provide our divorce service in.  We only mention it because this is where our brick and mortar office is located.

But we can complete your divorce case anywhere in California, so make sure to give us a call.

 

We Have Answered Every Question About California Divorce

Posted by Tim Blankenship on

I think we have answered just about every questions there is about divorce in California!  No, probably not possible, but we have written over 1000 articles about divorce thus far!

And we just keep on writing about California divorce, hoping to eventually hit every question you might have about divorce.

It is actually quite simple.  Ask us a question on the phone or via email and if we have not discussed that topic on our blogs, we will write about it. Even if it is a question we have wrote about, but has a slightly different twist to it, we will write about it again and explain the differences.

That is what is great about our blog.  There is so much information on it that it would blow your mind.  Between the articles we have written, the podcasts, the radio broadcasts and the videos we have recorded, you find out just about anything you need to know.

And if you could not find it, just call us.  We would be happy to answer. And then write about it if we hadn’t.

Whey do we do this?  For starters, because nobody else is.  It seems that lawyers, attorneys and the legal profession in mass want to keep you reliant on them.  The other reason is because by placing this information out there for our potential clients to read, well, brings us clients.

It’s not brain surgery.

But people always comment, “Tim, why do you tell everyone how to file for divorce and do their own divorce, etc., aren’t you shooting yourself in the foot”.

The answer is no.  There are those people that find our blogs, videos and podcasts and using those resources attempt to complete their divorce on their own.  These folks would have never used our services to begin with.  And I am glad that folks were able to use our resources to do so.

We are both providing a service by writing all these articles and it is also a marketing strategy we use.

It is simple.  People are looking for answers about divorce in California. They find us online with the answers. Then they call for our service.

We are a licensed and bonded legal document preparation service that specializes in divorce in California.  We are headquartered in Los Angeles County and can help you anywhere in California with your divorce.

Should I Do My Own Santa Clarita Divorce?

Posted by Tim Blankenship on

It is possible to do your own divorce, but should you?  A fair question, and one just asked of me on the phone so I thought I would tell you what I told this caller.

I told him that technically, it is possible to do your own divorce.  I also said that “doing” and “successfully completing”  your divorce are two different things.

As self serving as this answer is, we don’t recommend you do your own divorce for several reasons.

First off, lets admit it.  This is your first time… And if it is not, it has probably been a while.  What I am trying to say is that your are not in the business of filing out divorce paperwork and the paperwork is very confusing.

Even if you think you have figured out how to file the forms properly, I can pretty much guarantee you will make a mistake.  I have met some of the brightest people who have struggled trying to complete their own divorce and failed.

Secondly, even if you can figure out the divorce forms, you still have to figure out the process.  For instance, what forms need to be filed?  Which forms need to be served?  Which divorce forms have to be personally served and which ones can you mail?  Who can serve divorce papers?  Do you file then serve or vise versa? These were just a few of the things that came to the top of my mind and are the most basic.

I can give you all sorts of reason why you should not do your own divorce.  But, it is a choice you will have to make.

Here is as simple rule…  If you are not working and have plenty of time to go down to the courthouse at least 10 times to the self help center and spend all day there, each day, then go for it and do your own divorce.

But if are working and don’t have the time and have a few extra bucks, have us complete your divorce for you.  It is that simple of a decision.

Seriously, you don’t want to go through the divorce process on your own.

 

 

Filing For Divorce During The Holidays In Santa Clarita

Posted by Tim Blankenship on

Every year in this business it seems that folks in Santa Clarita who are considering filing for divorce may be deciding to hold off until the holidays are over.

As we slip into the latter part of October, I can definitely feel there is less people ready to move forward and start their divorce.  The volume of people calling is still in a normal range, but those ready to pull the trigger is definitely less.

When I worked for a family law divorce attorney here in Santa Clarita, we experienced the same thing.  I think it is just the nature of the business.

People still are filing for divorce, of course, but it is just not in record numbers as it is in the beginning of each year.  Some in the divorce industry say that January is the busiest time of year for divorce and others say that after Valentines day has passed, is when divorce season really kicks in.  The dates are pretty close together, so it may be a combination of both.

I’m sure there are reasons why people hold off from filing during the holidays.  I suppose it could be because they don’t want to ruin the holidays for their children.  Or it could be that they don’t have the money to file for divorce because they are spending it all on Christmas.

One thing for sure, all that goes away come January each and every year.

It seems once the festivities are over, the hangovers have gone away and the new years resolutions have already been foiled, that people file for divorce in droves.

Last year in 2012 it also slowed down.  I knew going into this year the same would probably happen, but hoped for the best.  I will spend the remainder of this year, gearing up for next year when things will literally explode in January and into February.

If you are considering filing for divorce in Santa Clarita and the holidays are causing you to hold off, I would be interested in you commenting below and letting me know what your reasons for holding off are.

We are a licensed and bonded legal document preparation service that specializes in divorce.  We are headquartered in Santa Clarita, CA and can help you anywhere in California with your divorce.

California Divorce | True Default vs. Default Divorce With Agreement

Posted by Tim Blankenship on

There is still some confusion on the best way to prepare your California divorce.  We will discuss the pro’s and con’s of the “True Default” vs. “Default With Agreement” divorce cases when filing your Amicable California Divorce.

If you are going through an amicable divorce in California, there may be a good reason to not file a Response to your California Divorce .

What Happens If You Don’t Respond To Divorce Summons & Petition?

First, lets discuss what happens when you don’t respond in a California Divorce.  Per the summons, it says you have 30 days to respond after being served the divorce papers.  It further states that if you do not respond, the Court and the other party can make decision about the divorce without you.

But What If You Are In Agreement?

But what if you are working on an amicable divorce and you are mostly in agreement.  Is there any reason you need to file a Response which will cause you to have to pay the Response fee and double the cost of your divorce?

We say that if you are working on an amicable divorce in California you do not need to file a Response and can choose to do either a “True Default” or “Default With Agreement” style divorce.

What Is A True Default Divorce?

A True Default divorce is where one party files and served the other.  Then the other party does absolutely nothing.  They don’t respond and they don’t participate at all.  There are pro’s and Con’s to this.

Pro’s to True Default Divorce:

  1. Useful when the other party does not respond
  2. Easy way to conclude case if no property, no kids, and short term marriage.
  3. Can use “strategic default” meaning we purposely default the other party even if they planned to cooperate.

Con’s To True Default Divorce:

  1. Community property must be evenly divided (even is it is an unfair division)
  2. Must file property declaration which become public record
  3. Defaults are scrutinized by the Court
  4. May require a default hearing (you might have to go to court)

What Is A Default With Agreement Case?

A default with agreement divorce cased is still a default.  It is different than the True Default in that the other party is going to participate. They are not going to Respond, but they are going to do all the paperwork (as if they Responded) and enter into a written agreement with you.

Pro’s To Default With Agreement Case:

  1. Easy to get approved because Court knows both parties were involved.
  2. No public record of property.
  3. No filing free necessary from Respondent.
  4. You will enter into a written agreement.
  5. Not necessary to have equal division of property.

Which Way Should You Go?

Each divorce case is different, but I would say if you can get your spouse to enter into a written agreement, it is better.  If you have children or property, you may want to try for the default with agreement and use the True Default as a last resort.  Why not, if it does not cost anymore to do it.

The true default might be better if you know your spouse will not be involved and not sign anything.  You can have them served and them they are no longer needed.

If you don’t have any property, no children and a short term marriage, you may choose to file the true default from the get-go.

Again, your specific circumstances will dictate the best way to go.

If you have any questions about the California divorce process, please give us a call.  We specialize in California divorce and can help you determine if filing a True Default or a Default With Agreement might be the best way to go. We serve all of California.