Overcoming Divorce Judgment Rejections: A Success Story | Los Angeles Divorce

Posted by Tim Blankenship on

 

Overcoming Divorce Judgment Rejections: A Success Story

Divorce can be a taxing journey, filled with unexpected hurdles. One of the most frustrating experiences for couples is having their divorce judgment rejected multiple times. This is a reality that many face, but it doesn’t have to be the end of the road. In this article, we will explore a case where a couple faced the rejection of their divorce judgment three times before finally achieving a successful resolution. We’ll break down the steps taken to rectify the situation and provide insights into how others can avoid similar pitfalls.

The Challenge of Rejected Divorce Judgments

Imagine the stress of filing for divorce, only to have your judgment rejected not once, not twice, but three times. This was the reality for one couple who sought our assistance. The emotional toll of a drawn-out process can be overwhelming. After all, the goal is to finalize the divorce and move on with life, but repeated rejections can feel like an endless loop of frustration.

It’s not uncommon for couples to struggle with the final steps of their divorce. Often, a lack of familiarity with the legal requirements or simple errors in paperwork can lead to significant delays. This couple had worked through their agreement but found themselves stuck in the system due to mistakes that could have been easily rectified.

How We Helped Turn Things Around

When the couple reached out to us, we knew we had to act quickly. Our first step was to review their paperwork meticulously. Identifying errors in legal documents is crucial to ensuring that they meet the court’s requirements. In this case, our review revealed several mistakes that had contributed to the repeated rejections.

Identifying the Errors

Understanding the common reasons for judgment rejections can help others avoid similar issues. Some typical reasons include:

  • Incomplete Information: Missing signatures or incorrect dates can lead to automatic rejections.
  • Legal Language: Improper phrasing or lack of clarity in the agreement can confuse the court.
  • Non-Compliance with State Laws: Each state has specific requirements for divorce filings that must be adhered to.

By pinpointing the errors in the couple’s paperwork, we were able to create a clear roadmap for correction. This process involved communicating directly with the clients to ensure they understood what needed to be fixed.

Correcting and Resubmitting

Once we identified the mistakes, our next step was to revise and resubmit the documents. This is where our expertise came into play. We ensured that every detail was addressed, and the language used met the court’s expectations. The goal was to present a polished and compliant set of documents that would stand up to scrutiny.

After making the necessary corrections, we submitted the revised documents to the court. The key here was to ensure that the resubmission was done promptly, as delays could lead to further complications. We also advised the couple to be patient while waiting for the court’s response.

Success on the First Try

After months of frustration and multiple rejections, we received the good news: the court approved their judgment on the first try! This success not only marked the end of a long and arduous process but also provided the couple with a sense of relief and closure. They could finally move forward with their lives, free from the shadows of their past marriage.

Lessons Learned

There are valuable lessons to be learned from this couple’s experience:

  • Don’t Hesitate to Seek Help: If you find yourself struggling with the divorce process, don’t hesitate to reach out for professional assistance. Experts can help navigate the complexities and ensure your documents are in order.
  • Double-Check Your Paperwork: Always review your documents thoroughly before submission. Errors can lead to delays that can be avoided.
  • Understand the Legal Requirements: Familiarize yourself with your state’s divorce laws to avoid common pitfalls.

Final Thoughts

Divorce doesn’t have to be a drawn-out process filled with stress and anxiety. By seeking help when needed and ensuring that all paperwork is correct, you can avoid the frustrations that come with rejected judgments. This couple’s journey from rejections to resolution is a testament to the importance of diligence and expertise in navigating the divorce process.

If you or someone you know is struggling with a rejected divorce judgment, don’t hesitate to contact us. We specialize in helping clients finalize their divorce cases efficiently and effectively. Remember, you don’t have to go through this alone; help is available, and it can make all the difference.

Contact Us

At Divorce661, we provide comprehensive support for clients navigating the divorce process in California. Whether you’re facing a rejected judgment or simply need assistance with the final steps, our team is here to help. Schedule a free consultation today to discuss your situation and explore how we can assist you in moving forward.

Why Summary Dissolutions Are a Great Option in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

Why Summary Dissolutions Are a Great Option in California

When considering the end of a marriage, many people look for the quickest and most cost-effective ways to dissolve their union. One of the best options available is the summary dissolution process, especially for couples who meet specific criteria. This blog will explore the ins and outs of summary dissolutions, including who qualifies, the benefits, and the steps involved in the process.

What Is a Summary Dissolution?

A summary dissolution is a streamlined process for ending a marriage in California. Unlike a traditional divorce, which can involve extensive paperwork and court appearances, a summary dissolution is designed for couples who have reached an amicable agreement regarding their separation. This process is particularly suitable for those who meet specific eligibility criteria, making it a popular choice for couples seeking a quick resolution.

Who Qualifies for a Summary Dissolution?

To utilize the summary dissolution process, couples must meet certain qualifications. Here are the essential criteria:

  • Short-Term Marriage: The couple must have been married for less than five years.
  • No Children: The couple must not have minor children together or be expecting any children.
  • No Significant Assets or Debts: Couples should not own real property and must have limited community property and debts.
  • Mutual Agreement: Both parties must agree to the dissolution and the terms of the separation.

Meeting these requirements makes the summary dissolution process a feasible option for many couples looking to move on without the complexities of a traditional divorce.

Benefits of Summary Dissolution

Choosing a summary dissolution offers several advantages, particularly for couples who meet the qualifications. Here are some of the key benefits:

  • Cost-Effective: The filing fees for summary dissolution are typically lower than those for traditional divorce proceedings.
  • Less Paperwork: The process involves significantly less paperwork, reducing the time and effort needed to complete the divorce.
  • Quick Resolution: Couples can finalize their divorce without lengthy court appearances, allowing them to move on with their lives more swiftly.
  • Amicable Process: Since both parties agree on the terms, the process is generally more amicable, reducing stress and conflict.

The Summary Dissolution Process

Understanding the process for filing a summary dissolution is crucial for couples considering this option. Here’s a step-by-step guide:

Step 1: Determine Eligibility

Before proceeding, couples should ensure they meet all the eligibility requirements for a summary dissolution. This includes confirming the length of marriage, absence of children, and the status of assets and debts.

Step 2: Complete Required Forms

Couples will need to fill out specific forms for summary dissolution, including a petition for summary dissolution and a property settlement agreement. It’s essential to provide accurate and complete information to avoid delays.

Step 3: File the Forms

Once the forms are completed, they must be filed with the court in the appropriate jurisdiction. Couples should be prepared to pay the filing fee, which typically ranges from $435 to $450.

Step 4: Wait for the Six-Month Period

California law mandates a six-month waiting period after filing for a summary dissolution. During this time, the couple should ensure that all required documents are submitted and that there are no disputes regarding the terms of the dissolution.

Step 5: Finalize the Dissolution

After the six-month waiting period, if all requirements have been met and no one has revoked the petition, the court will grant the summary dissolution. Couples will receive a final judgment, officially ending their marriage.

What Happens if One Spouse Changes Their Mind?

During the waiting period, either spouse has the option to change their mind about proceeding with the summary dissolution. If this occurs, they must file a Notice of Revocation of the Petition for Summary Dissolution with the court, effectively halting the process.

If one spouse revokes the petition, the couple will need to pursue a traditional divorce if they still wish to end their marriage. It’s crucial to consult with legal counsel to understand the implications and next steps in this scenario.

Do You Need a Lawyer for Summary Dissolution?

While it’s not a requirement to hire a lawyer for a summary dissolution, it can be beneficial. Couples who are unsure about the process or have questions regarding their specific situation may find it helpful to consult with a divorce attorney. An attorney can assist with completing the necessary forms, ensuring all documents are filed correctly, and providing guidance throughout the process.

If both parties agree on the terms of the dissolution and feel confident in their ability to navigate the paperwork, they may choose to proceed without legal representation. However, having an attorney can help avoid potential pitfalls and ensure a smoother process.

Conclusion

For couples seeking a fast and efficient way to end their marriage, summary dissolution can be an excellent option—provided they meet the necessary qualifications. With its cost-effective nature, reduced paperwork, and amicable approach, summary dissolution allows couples to move on with their lives more quickly.

If you believe you qualify for a summary dissolution and want to explore this option further, consider reaching out for guidance. Understanding the requirements and the process can help you make informed decisions about your future.

At Divorce661, we specialize in helping couples navigate the summary dissolution process smoothly. Contact us today to find out if summary dissolution is right for you!

Will the Court Accept Your Divorce Agreement? Don’t Make This Mistake! | Los Angeles Divorce

Posted by Tim Blankenship on

 

Will the Court Accept Your Divorce Agreement? Don’t Make This Mistake!

Understanding the Court’s Role in Divorce Agreements

When couples decide to end their marriage, one of the first questions that arise is whether the court will accept their divorce agreement. Many people believe that if both spouses agree on the terms, it should be a straightforward process. However, there are essential factors that can influence the court’s decision. In this blog, we’ll explore these factors and provide insights on how to ensure your divorce agreement is court-approved.

The Importance of Mutual Agreement

One of the most significant aspects of a divorce agreement is that both parties must agree to the terms. If both spouses are on the same page, the court generally tends to approve the agreement. This was evident in a recent consultation I had with clients who had been hesitant to move forward with their divorce due to concerns about their agreement’s acceptance by the court.

In their case, one spouse wanted to retain 100% of the home, while the other would keep their pension, which were roughly equivalent in value. They were worried that this arrangement wouldn’t be acceptable to the court. However, I assured them that as long as both parties agreed, the court would likely approve it. This highlights the importance of clear communication and mutual consent in divorce settlements.

Ensuring Fair and Legal Terms

While mutual agreement is crucial, the terms of the agreement must also be fair and legal. Courts in California have guidelines to ensure that divorce agreements do not violate state laws. This means that agreements should not be unconscionable or heavily favor one party over the other.

For instance, if one spouse is receiving significantly more than their fair share of the marital assets, the court may question the fairness of the agreement. It’s vital to assess the value of assets and liabilities accurately and ensure that the distribution reflects a fair outcome.

Child Support and Custody Considerations

When children are involved, the stakes become even higher. Courts closely scrutinize agreements related to child support and custody to ensure they serve the best interests of the children. The law mandates that child support payments must be adequate to meet the children’s needs, and custody arrangements should promote their well-being.

If the court finds that the proposed child support amount is insufficient or that the custody arrangement may not be in the children’s best interests, it can reject the agreement. Parents must prioritize their children’s needs and work collaboratively to create a plan that reflects this commitment.

The Importance of Proper Paperwork

Even if you have an amicable agreement and fair terms, the court may still reject your divorce agreement if the paperwork is not completed correctly. Proper documentation is essential for the court’s review process. This includes ensuring that all necessary forms are filled out accurately and that any required disclosures are provided.

Many couples underestimate the importance of paperwork, but incomplete or incorrect forms can lead to significant delays in the divorce process. It’s advisable to consult with a legal professional to ensure that all documents are in order before submission.

Common Mistakes to Avoid

Here are some common mistakes that can lead to the rejection of a divorce agreement:

  • Inadequate Financial Disclosure: Failing to disclose all assets and liabilities can result in the court rejecting your agreement.
  • Unfair Terms: Agreements that heavily favor one party may not be accepted.
  • Incomplete Paperwork: Submitting forms that are missing information can delay the process.
  • Lack of Legal Representation: Not having an attorney review the agreement can lead to oversights.

What to Do If Your Agreement Is Rejected

If your divorce agreement is rejected by the court, it can be frustrating. However, it’s essential to understand that rejection is not the end of the road. You have the opportunity to amend the agreement and resubmit it. Working with an experienced attorney can help you identify the issues that led to the rejection and make the necessary adjustments.

In many cases, couples can resolve the concerns raised by the court and ultimately reach an agreement that meets legal standards. This is why having professional guidance throughout the process is invaluable.

Conclusion: Navigating Your Divorce Agreement

In summary, while the court generally approves divorce agreements that both parties agree upon, there are critical factors to consider. Fairness, legality, and proper documentation are all essential components that can influence the court’s decision. By understanding these elements and avoiding common pitfalls, you can increase the likelihood that your divorce agreement will be accepted.

If you’re considering a divorce and want to ensure that your agreement meets court requirements, don’t hesitate to reach out for help. Consulting with professionals who specialize in family law can provide you with the support and guidance necessary to navigate this challenging process.

At Divorce661, we specialize in helping couples submit court-approved divorce agreements, ensuring your case gets finalized without delays. Contact us today for assistance!

Consulting a Divorce Attorney: Why It’s Essential Before Hiring a Paralegal | Los Angeles Divorce

Posted by Tim Blankenship on

 

Consulting a Divorce Attorney: Why It’s Essential Before Hiring a Paralegal

When facing the complexities of divorce, many individuals consider hiring a paralegal to help navigate the paperwork and legal processes involved. However, before making that decision, it’s crucial to consult with a divorce attorney. This blog explores the importance of such consultations, what to expect during your meeting, and how to ensure your divorce process is as smooth as possible.

The Role of a Divorce Attorney

A divorce attorney plays a vital role in the divorce process. Unlike paralegals, who can assist with document preparation and administrative tasks, attorneys provide legal advice and representation. They are trained to understand the law and can offer insights that a paralegal simply cannot. This distinction is important when considering your options for handling your divorce.

Understanding Your Needs

During an initial consultation with a divorce attorney, the focus is not only on explaining the services offered but also on assessing whether the potential client is a good fit. The attorney will inquire about various aspects of your situation:

  • Are there contested issues?
  • Have you and your spouse discussed critical matters?
  • What potential complications could arise?

This thorough assessment is essential in determining the best course of action for your specific circumstances. It helps in identifying any areas that may require legal intervention or mediation, ensuring you are well-prepared for the journey ahead.

Legal Questions and Concerns

One of the most significant reasons to consult with an attorney is to address any legal questions you may have. When clients begin to ask legal questions during consultations, it is crucial for attorneys to redirect them appropriately. In fact, if you are considering hiring a paralegal, spending even half an hour with an attorney can provide invaluable legal advice that informs your decisions.

The Importance of Informed Decisions

Making informed decisions is the cornerstone of a successful divorce process. Understanding the legal implications of your choices can significantly impact the outcome of your case. An attorney can clarify:

  • Your rights and obligations
  • The potential consequences of various actions
  • Strategies for achieving a favorable outcome

With this knowledge, you can approach your divorce with confidence, knowing you have a solid foundation of legal understanding to guide your decisions.

Why Not Rely Solely on a Paralegal?

While paralegals can be helpful in many aspects of the divorce process, they are limited in what they can do legally. For instance, they cannot provide legal advice or represent you in court. This limitation underscores why consulting an attorney is vital, even if you plan to engage a paralegal for document preparation.

Cost Considerations

Many people are drawn to the idea of hiring a paralegal to save money. However, it’s essential to consider the long-term costs of your decisions. A poorly handled divorce can lead to expensive legal battles down the line. Investing in a consultation with an attorney upfront can save you significant amounts of money in the future.

Think of it this way: spending a little now to ensure everything is handled correctly can prevent financial headaches later. A good attorney can help you avoid pitfalls that could lead to costly mistakes.

Final Thoughts on Consulting a Divorce Attorney

In conclusion, if you’re considering using a paralegal for your divorce, take the time to consult with an attorney first. This step is crucial for ensuring you have all the necessary information to make informed decisions about your divorce. Remember, it’s not just about filling out paperwork; it’s about understanding your rights and ensuring a fair process.

At the end of the day, your divorce is a significant life event that deserves careful consideration and professional guidance. By consulting a divorce attorney, you’re taking an important step toward a smoother, more informed divorce process.

For more information or to schedule a consultation, reach out to a qualified divorce attorney today.

 

No Court, No Stress: Getting Divorced 100% Online in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

No Court, No Stress: Getting Divorced 100% Online in California

Are you looking for a fast, affordable, and hassle-free way to get divorced in California? You’re not alone! Many people are seeking alternatives to the traditional court-based divorce process. At Divorce661, we’re here to show you how you can finalize your divorce without ever stepping foot in a courthouse or an office. Let’s dive into how our 100% remote divorce services can make this process easier for you.

Understanding Our 100% Remote Divorce Services

Our approach is designed to streamline the divorce process, making it as straightforward as possible. We handle all the necessary paperwork and court filings, ensuring that you avoid common mistakes that can cause delays.

  • No Courthouse Visits: Forget about the stress of waiting in long lines at the courthouse. We file electronically wherever possible, meaning you can complete everything from the comfort of your home.
  • Faster Processing Times: By managing your case online, we ensure that it moves forward without unnecessary delays.
  • Flat Fee Pricing: We offer straightforward flat-fee pricing with no hidden costs. You won’t be charged by the hour, which can often lead to unexpected expenses.
  • Support Every Step of the Way: Our team is available via phone, email, or Zoom to assist you whenever you need help.

A Real-Life Success Story

Recently, we helped a client in Northern California who wanted to finalize their divorce without taking time off work. Thanks to our remote services, we managed everything for them, and their divorce was approved without a single courthouse visit. This is just one example of how our online services can benefit those looking for an efficient divorce process.

Why Choose Online Divorce Services?

Many individuals are unaware of the advantages of using online divorce services. Here’s why you might consider this option:

  • Convenience: You can handle your divorce paperwork anytime and anywhere, which is especially beneficial for those with busy schedules.
  • Cost-Effectiveness: Online services often come at a lower price than hiring a traditional attorney, making it a budget-friendly option.
  • Less Stress: The traditional divorce process can be emotionally taxing. By going online, you can minimize stress and focus on moving forward.

Avoiding Common Mistakes

Many people try to navigate the divorce process on their own, which can lead to costly mistakes. Here are some of the biggest pitfalls to avoid:

  • Incomplete Paperwork: Failing to fill out forms correctly can delay your divorce and lead to unnecessary complications.
  • Not Following Local Rules: Each county in California may have specific requirements for divorce filings. Not adhering to these can result in your case being rejected.
  • Ignoring Deadlines: There are critical deadlines in the divorce process that, if missed, could complicate or even derail your case.

How We Support You Throughout the Process

We’re committed to ensuring you have the support you need throughout your divorce journey. Here’s how we do it:

  • Expert Guidance: Our team is experienced in California divorce law and can provide you with the insights you need to avoid mistakes.
  • Accessible Communication: Whether you prefer phone calls, emails, or Zoom meetings, we’re here to answer your questions and guide you through each step.
  • Step-by-Step Instructions: We provide clear instructions on how to complete the necessary forms and what to expect during the process.

Get Started Today!

If you’re ready to take the next step and want a quick, affordable, and stress-free divorce, don’t hesitate to reach out. At Divorce661, we’re here to help you navigate the process smoothly and efficiently.

Contact us today for a free consultation, and let’s get started on finalizing your divorce without the hassle of traditional court processes!

For more information, visit our website at Divorce661.com or call us at 661-281-0266. We’re excited to assist you!

 

Why Divorce661 Is the Best Choice for Amicable Divorces in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

Why Divorce661 Is the Best Choice for Amicable Divorces in California

Divorce can be a challenging journey, but it doesn’t have to be a painful one. For couples looking to part ways amicably, finding the right support is essential. At Divorce661, we specialize in providing a smooth, efficient, and cost-effective approach to divorce, helping thousands of couples navigate this transition with ease. Let’s dive into the unique services we offer and real-life examples of how we’ve successfully assisted our clients in achieving their divorce goals.

Table of Contents

Flat Fee Divorce Services

One of the standout benefits of choosing Divorce661 is our flat fee pricing model. Unlike traditional attorneys who charge by the hour, we offer a transparent cost structure that covers everything from paperwork preparation to court filing. This means no hidden fees or unexpected surprises along the way.

Take, for example, a couple who initially hired attorneys only to find their fees skyrocketing without significant progress. Frustrated and worried about their mounting expenses, they turned to us. After reviewing their case, we prepared all necessary documents and finalized their divorce within weeks—all for a fraction of what they had already spent on attorney retainers. This is just one of the many instances where our flat fee service has saved clients both time and money.

Divorce Judgment Review and Filing

Many couples start their divorce journey thinking they can handle the paperwork on their own, only to find themselves stuck when their documentation gets rejected. California courts are meticulous about how divorce judgments must be structured, and even small mistakes can lead to significant delays.

For instance, a client reached out to us after attempting to file their final divorce judgment three times, only to face rejection each time. We reviewed their paperwork, corrected the errors, and resubmitted everything accurately. Within a few weeks, their case was approved, and they were able to finalize their divorce without any further complications.

eFiling for Faster Processing

In certain California counties, electronic filing (eFiling) is an option that can significantly expedite the divorce process. At Divorce661, we handle eFiling for our clients, ensuring that all documents are submitted correctly and processed quickly.

For example, we assisted a couple who had already agreed on all terms but needed help with filing their paperwork. By managing the eFiling process, we submitted their case and obtained approval much faster than if they had attempted to navigate the system on their own.

Stress-Free Document Preparation

Dealing with court forms and legal jargon can be overwhelming, especially for those unfamiliar with the process. Our Document Preparation service is designed to alleviate this stress, ensuring that everything is completed correctly the first time. This reduces anxiety and avoids unnecessary delays.

One couple we worked with wanted a simple uncontested divorce but had no idea where to start. They reached out to us, and we guided them through each step, prepared their documents, and filed everything on their behalf. Their divorce was approved without a hitch, allowing them to move forward without any hassle.

Get Your Divorce Done Right with Divorce661

If you and your spouse are seeking a fast, affordable, and hassle-free way to get divorced, look no further than Divorce661. Our dedicated team is here to help you navigate the process smoothly. Contact us today to schedule your free consultation and let’s work together to finalize your divorce the right way.

FAQs About Amicable Divorce in California

Q: How long does an amicable divorce take in California?

A: The timeline for an amicable divorce can vary, but generally, it can take around six months to finalize. This includes a mandatory waiting period in California, but many couples find that the process can be expedited with the right support.

Q: What is the first step in getting a divorce?

A: The first step is to consult with a divorce professional to understand your options. Even if you and your spouse are on good terms, getting guidance can help you navigate the legal aspects more effectively.

Q: Can I handle my divorce without a lawyer?

A: Yes, many couples choose to handle their divorce without a lawyer, especially if they are in agreement on all terms. However, having a professional like Divorce661 can help ensure that all paperwork is completed correctly and filed in a timely manner.

Q: What should I do if my divorce paperwork gets rejected?

A: If your paperwork is rejected, it’s crucial to review the reasons for the rejection and correct any errors. Seeking assistance from a divorce service like Divorce661 can help you avoid further complications and expedite the process.

Q: Is it possible to get a divorce without going to court?

A: Yes, in many cases, couples can finalize their divorce without ever stepping foot in a courtroom, especially if they agree on all terms and utilize services like eFiling.

Conclusion

At Divorce661, we understand that divorce is a significant life event. Our commitment to providing a smooth, stress-free, and affordable process has made us a trusted choice for thousands of couples in California. With our flat fee services, expert document preparation, and focus on amicable resolutions, we’re here to help you move on with your life as quickly and painlessly as possible. Contact us today to get started!

Waiving Child Support : California Divorce & Child Support

Posted by Tim Blankenship on

Waiving Child Support : California Divorce & Child Support

Hi, Tim Blankenship here with divorce661.com. In this video we are going to address the question if child support can be waived in a California divorce. The question is can you waive child support in a divorce.

Let me set up the scenario for you. Let’s assume that you’re going through a divorce and the other spouse is not participating and you don’t want to pay or receive child support for one reason or another.

When that happens what I sometimes see people do when they’re trying to do their own divorce is they will put in their judgment, their divorce judgment, final paperwork you turn into the court, and they’ll say no child support requested. You can’t do that. You can ask for there not to be child support but you cannot say no child support.

The courts going to want to know based on incomes of the parties what the child support should be. What the guideline amount should be. Now, you can get away with not having child support, but there’s a specific way to do that, and that way is to have the jurisdiction reserved over the issue of child support.

So while you can’t say no child support, you can say the court will retain jurisdiction for future determination over child support, and that’s the way you can get out of paying for child support.

I’m going to do another video as well, probably right behind this one to explain to you how you can ask for a ZERO support order even though child support may be ordered in a certain amount normally, based on income and time share. So make sure to watch that.

So just real quick recap, no you cannot waive child support. There has to be an order for support or you have to ask the court to retain jurisdiction over the issue of child support for your judgment to be approved on that issue. Tim Blankenship, divorce 661.com. If you have any questions just give me a call or you can go to my website for more information at divorce661.com. Thanks for watching.

Santa Clarita Divorce : STRS & PERS Pensions Must Be Listed On Judgment

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Santa Clarita Divorce : STRS & PERS Pensions Must Be Listed On Judgment

Whenever you are going through a divorce in California, part of the process is first disclosing your assets and debts which will ultimately end up on a judgment or marital settlement agreement.

What a lot of people think is that when an asset is in their name only, that it does not count or does not need to be listed. This happens a lot of times when people call me and say they have no assets or debts “together”. What they are saying is that they do have assets and debts, but that they are only in each of their names, and not together.

(Watch video or continue reading below)

But what they are not aware of is how California’s community property laws work. Essentially, community property is anything that was acquired during the marriage (with some exceptions). What this means in plain English is that it does not matter in whose name an asset or debt is in, it depends on when it was accrued.

So speaking of pensions and STRS and PERS specifically, this is where people say they have no assets to divide, but then later i find out they have pensions. When I ask why they didn’t state this, they say, “we’ll it’s only in my name”. You can see how this is not correct.

Here is a few issues. First, you may think you don’t have to disclose a particular asset because it is in your name only. That is not how it works. When you do your disclosure, you are listing all assets and debts, community and separate.

Second, if you don’t list your assets and debts on your judgment or marital settlement agreement, then you have no court order stating who is keeping that particular asset or debt and leave yourself exposed for future issues.

Third, is specific to STRS and PERS. We had a client who forgot to list his STRS pension on his disclosures and therefore it did not end up on his judgment. When he went to call STRS (State Teacher’s Retirement System) they said that his STRS pension was not listed on the judgment. The issue this caused is that they required language in the judgment that addressed his STRS pension. Specifically, they needed the judgment to say he was being awarded 100%. Otherwise, they were not going to be able to disburse his pension upon retirement and would not allow him to change beneficiaries. You can see how this is problematic.

This was all fixed by us filing a stipulation stating he was awarded his STRS pension, but this is an issue that could have been avoided.

The short story is that if you have assets and debts, no matter in whose name, you should disclose and those assets and debts need to be confirmed to one party or the other. This will keep you safe and help avoid problems down the road.

Santa Clarita Divorce : Do I Have To Be Separated Before Filing For Divorce : Divorce 661

Posted by Tim Blankenship on

Santa Clarita Divorce : Do I Have To Be Separated Before Filing For Divorce : Divorce 661

When you call to speak to me about using our services for your Santa Clarita Divorce, one of the questions I will ask you is, “if your are still living together or if you have separated already”.  For those that say they are already living apart will often say, “we are separated, but not legally”.

This is an area which causes a lot of confusion for people. They think either one of two things. First, they think that they have to be physically separated for it to count as a separation. Second, they think they have to become legally separated first as a condition before filing for divorce.

So let’s discuss these two issues.

Do I Have To Be Separated Before Filing For Divorce?

The answer is NO. While in some States, you have to by physically separated, in California, you do not need to be physically separated for any specific period of time. In fact, you do not have to be separated at all prior to filing your Santa Clarita Divorce.  If you are not physically separated you will simply use the date you are filing your Santa Clarita divorce as the date of separation.

Do You Have To Be Legally Separated To File For Divorce?

Again, NO! There are people that believe that they have to first file for Legal Separation first, before they can file for divorce.  This is not the case. You don’t file for legal separation and then file for divorce. I have had people do that before contacting our Santa Clarita Divorce service simply because they thought you had to first file for legal separation.

If you find yourself in the situation where you already filed for legal separation and now realize you want to divorce, there are two situations you may find yourself in.

  1. Filed For legal separation, but case not finalized – There is good news here. If you filed for legal separation and your case is not finalized and judgement has not been entered, you can filed an amended Petition and request your case become a divorce. This is good because you won’t have to file a new divorce case with the court and have to pay the court fees again.
  2. Filed for legal Separation and case IS finalized – If you filed for legal separation and your legal separation case has already finalized, you can still obviously get divorced, but you will have to start a new case. The good news is that you won’t have to revisit all the issues related to custody and property because that would have all been handled in the legal separation case, but you will have to pay the court fees and start a new case altogether.

Santa Clarita Divorce : Common Mistakes When Filing Your Santa Clarita Divorce : Divorce 661

Posted by Tim Blankenship on

Santa Clarita Divorce : Common Mistakes When Filing Your Santa Clarita Divorce

I see several issues that continue to come up with people trying to file their own Santa Clarita Divorce. (Video at bottom)

Common Mistakes When Filing Your Santa Clarita Divorce

1.  Names Must Match On Summons & Petition – Using a different version of your name on the Divorce Summons & Petition. The names your use on your summons must match that on the petition. So, for instance. If you use Tim Blankenship on the Summons, use Tim Blankenship on the Petition.

What we see people doing, who are trying to do their own Santa Clarita Divorce is use different variants of their name throughout their divorce paperwork.  Here is an example. They start with Tim Blankenship and then in some places write, Tim S. Blankenship and in others Timothy Blankenship. This usually happens when people are filling out the divorce paperwork by hand or typing it into fillable forms.

2.  Not Using A Date Of Separation – Another issues I see is that people doing their own Santa Clarita Divorce is putting down a date of marriage, but not putting down the date of separation. This is cause for your divorce case to be rejected.

You need to have a date of separation on your divorce petition. “But Tim, we are still living together and not legally separated!” Doesn’t matter, you need to have a date of separation.  In fact, most of my clients are still living together at the time of filing for divorce and there is no requirement that you actually be separated prior to filing for divorce as it is in some states.

Here are some examples of what you can use as the date of separation for your Santa Clarita Divorce. (And yes, you can use a date in the past). You can use the day you discussed with your spouse that you wanted a divorce. You can use a day that you started sleeping on the couch. You can use a date of incident such as when your spouse perhaps did something that caused you wanting a divorce. If nothing else makes sense, then we just use the date of the filing of your divorce as your date of separation.

3.  Requesting Your Name Changed On The Divorce Petition – Okay, I get asked all the time, “can i choose a name” where is asks if you want to restore your former name.  The answer is no. As part of the divorce, you can only revert back to your former, maiden name.

The reason is that if you just choose any old name, and when you go to say Social Security or the DMV, they are going to check that it is, in fact, your former maiden name. The only way to choose a name of your choice is to file a legal name change with the court.

4.  Using An Address For You Minor Children Outside of California – This does not happen too often, but often enough to address it. If you have children, you need to also file a form called a UCCJEA which is form FL-105. The courts want to know where your children have lived for the last 5 years. You children have to be living in California in order for the state to have jurisdiction to make orders for child custody.

If you state that your children are living out of state, you will not be able to have custody orders in California. If you find yourself in this situation, even if you list your children on the divorce petition and then try to turn in your divorce judgment to the court, they will reject your judgment and tell you that the court does not have the jurisdiction to make orders for child custody and that you need to remove the custody portion from your judgment. This is a problem if you need custody orders as part of your Santa Clarita Divorce.

If you need assistance with your Santa Clarita divorce make sure to give us a call. We have local offices right here in Santa Clarita and can assist you with finalizing your divorce.