How to Serve Divorce Papers by Publication in California | California Divorce

Posted by Tim Blankenship on

 

How to Serve Divorce Papers by Publication in California

If you have filed for divorce but cannot locate your spouse, California allows a legal alternative called service by publication. This process lets you move your case forward even when your spouse is missing, but it requires careful documentation and court approval. Below is a clear, step-by-step guide to how service by publication works, what you must do first, and how to complete the process.

What is Service by Publication?

Service by publication is a court-approved method of notifying a missing spouse about divorce proceedings by publishing a legal notice in a newspaper. It is used when you cannot personally serve the other party because their whereabouts are unknown, and it is intended to provide reasonable notice when other methods have failed.

When Can You Use Service by Publication?

You can ask the court to allow service by publication only after you have made a thorough, good faith effort to find the other party. Courts require proof that ordinary means of locating and contacting the spouse were attempted and exhausted before they will permit publication.

Step 1: Complete a Good-Faith Search

Before you request publication, you must document a diligent effort to locate your spouse. The court expects you to try common and reasonable methods. Examples of actions to include in your search documentation:

  • Attempt service at the last known address
  • Contact relatives, friends, and known associates
  • Check social media profiles and messaging apps
  • Search public records such as DMV, voter registration, or property records
  • Use online people-search tools
  • Contact known employers or professional contacts

Keep records of dates, times, names of people contacted, screenshots or printouts, returned mail, and any other evidence that shows you tried to locate the person.

Step 2: File Your Request with the Court

Once you have documented your search efforts, you must ask the court for permission to serve by publication. This typically involves filing a declaration or affidavit that explains the good-faith search and why personal service was not possible. The court reviews your evidence and decides whether publication is appropriate.

What to include in your court filing

  • A clear summary of all attempts to locate and serve the respondent
  • Copies of any returned mail, emails, or messages
  • Names and contact information of people you attempted to reach
  • Details of online searches and results
  • A proposed publication plan or details from the newspaper you intend to use

Step 3: Court Approval and Publication

If the court grants permission, the next step is to publish the legal notice in an appropriate newspaper. Courts will often require publication in a newspaper of general circulation in the county where the case was filed or where the respondent was last known to live. The notice must run according to the court s and newspaper s rules.

After the notice has run for the required period and you have proof of publication from the newspaper, you can file the proof of service by publication with the court. That proof allows you to proceed with the case.

Step 4: Proceeding After Publication

Once publication is complete and proof is on file, you may be able to request a default judgment if the missing spouse does not respond. A default judgment lets the court decide issues such as property division and, if applicable, child custody and support without the other party s participation.

Real Client Example

We recently helped a client who had not seen their spouse in over five years. We documented every step of the search, prepared and filed the court request for publication, and arranged for the legal notice to run in the local newspaper. After the notice ran, we filed proof of publication with the court and successfully moved forward with a default judgment to finalize the divorce.

“How do I serve the papers if I don’t know where they are?”

That question is exactly why service by publication exists. With proper documentation and court approval, it provides a path to resolution when the other party cannot be located.

How We Help

At Divorce 661, we handle the entire process for clients who need service by publication. Our services include:

  • Helping you search for the missing spouse and documenting your good-faith efforts
  • Preparing and filing the necessary court paperwork to request publication
  • Coordinating publication with the appropriate newspaper
  • Filing proof of publication and guiding you through default procedures

We provide a full-service solution so your case stays on track and moves toward finalization even if the other party cannot be found.

Frequently Asked Questions

Do I always need an attorney to request service by publication?

No, but the requirements can be technical and courts expect detailed documentation. Many people find it helpful to get professional assistance to ensure the filing meets court standards and avoids delays.

How long does the publication process take?

The timeline depends on court scheduling and the newspaper s publication schedule. You will need to allow time for the notice to run and for the court to accept proof of publication before moving forward. Exact durations vary by county and newspaper.

Will publication guarantee a final judgment?

Publication provides notice and allows you to pursue a default judgment if the respondent does not respond. If the respondent later appears, they may have options to challenge the default depending on the circumstances.

Summary: Steps to Serve by Publication

  1. Conduct and document a thorough good-faith search for the missing spouse
  2. File a declaration or affidavit with the court requesting permission to publish
  3. If approved, arrange publication in an appropriate newspaper and obtain proof of publication
  4. File proof of publication with the court and proceed with default procedures if the respondent does not respond

If you need help serving divorce papers by publication in California, professional guidance can simplify the process and increase your chances of a smooth resolution. Proper documentation and timely filings are essential to move your case forward when a spouse cannot be found.

For assistance, you can schedule a consultation to review your situation and get help preparing the required filings and publication arrangements.

How to Handle Divorce When a Spouse Is Missing in California | California Divorce

Posted by Tim Blankenship on

 

How to Handle Divorce When a Spouse Is Missing in California

Yes. You can still get divorced if your spouse cannot be located

If you are ready to file for divorce but do not know where your spouse is, or you have not been in contact for years, you can still start and finalize a California divorce. The process begins the same way as any divorce: you file the petition and attempt to serve the other spouse. When personal service is not possible, California law provides alternative methods so your case can move forward.

“Can I still get divorced in California? The answer is yes.”

Step-by-step: How the process works when the other spouse is missing

  1. File the divorce paperworkStart by filing the petition and summons with the appropriate family court. This starts the case even if the other spouse has not yet been served.
  2. Attempt serviceMake reasonable, documented efforts to serve the respondent. Use process servers, certified mail, and any known contact information. Courts expect you to show due diligence before allowing alternative service.
  3. If you cannot locate them, ask the court for service by publicationWhen real-world service is impossible despite reasonable efforts, you can file a request with the court to serve by publication. If the judge approves, you publish a legal notice in a newspaper of general circulation where the spouse is likely to be found.
  4. Publish the noticeThe notice runs according to the court-approved schedule. Publication is a substitute for personal service when the respondent cannot be located.
  5. Wait the required period, then move for default if there is no responseAfter the publication period and any required waiting period expires, if the missing spouse still does not respond, you can ask the court to enter a default and proceed to finalize the divorce.

What is service by publication?

Service by publication is a court-ordered alternative to personal delivery of court papers. Instead of handing documents directly to the respondent, the court permits you to publish a notice in a newspaper. The court grants this only after you prove you made reasonable and thorough efforts to locate the missing spouse.

How to document your search: what courts expect

Documentation is critical. The court will want an affidavit or declaration showing your efforts to find the other spouse. Examples of reasonable steps include:

  • Hiring a process server and including their unsuccessful attempt declarations
  • Using certified mail to last known addresses and keeping returned mail receipts
  • Contacting known family members, friends, or employers
  • Searching social media profiles and online directories
  • Checking public records, property records, and DMV records when available
  • Using skip-tracing services or private investigators if appropriate
  • Documenting phone calls, emails, texts, and any leads you followed

Put everything in writing. The more detailed and organized your proof of diligence, the better your chance of court approval for publication.

What happens after publication: default and finalization

Once the court approves publication and the notice runs, the missing spouse technically has the opportunity to respond. If they do not, you can request that the court enter a default. After default, you can finalize the divorce, address property division, support, and other issues either by default judgment or by presenting the court with the proposed orders required to close the case.

Every court has procedures and required forms, so following the court-ordered steps precisely is important to avoid delays. If the case involves complex assets or custody issues, additional court requirements may apply.

Real client example

We recently helped a client who had not seen or heard from their spouse in more than ten years. After documenting multiple attempts to locate the missing spouse, we filed the required request with the court to serve by publication. The judge approved publication, the notice ran, and the case proceeded by default. The divorce was finalized without the spouse ever responding. Careful documentation and correct filings made that outcome possible.

Practical tips and warnings

  • Do not skip the documentation step. Courts take the “reasonable efforts” requirement seriously.
  • Keep copies of every attempted contact and every search effort in one folder for your court filings.
  • Local newspapers matter. Publication typically must be in a newspaper of general circulation in the area where the missing spouse might be found.
  • If you anticipate disputes over property, support, or custody, consider seeking legal guidance early so you can protect your interests.

How professional help can make the process easier

Navigating service by publication, filings, and default procedures can be confusing and time consuming. Working with professionals who understand the local court rules helps ensure your search documentation is sufficient, the right motions and declarations are filed, and your case moves forward as smoothly as possible.

If you need help documenting your search, preparing the necessary motions, or filing for default after publication, take the next step and get a consultation. We offer flat-fee divorce services and remote support across California to guide you through this process from start to finish. Visit divorce661.com to schedule a free consultation and learn how to proceed even if your spouse cannot be found.

How to Deal with a Spouse Who Refuses to Sign Divorce Papers in California | California Divorce

Posted by Tim Blankenship on

 

How to Deal with a Spouse Who Refuses to Sign Divorce Papers in California

One of the most frustrating parts of divorce is when a spouse refuses to sign the papers. You may feel stuck, powerless, or unsure how to move forward. The good news is that in California you do not need your spouse’s permission to get divorced. Understanding the process and the options available will let you keep the case moving even when the other side will not cooperate.

California is a No Fault Divorce State

California follows no fault divorce rules. That means you do not need the other spouse to agree to the divorce or to sign any documents for the case to proceed. Filing the petition and properly serving the other party starts the process. If your spouse ignores the case after being served, the law provides a path to finalize the divorce without their participation.

Service and the 30-Day Response Period

Proper service of the divorce papers is essential. Once a spouse has been properly served, they have 30 days to file a response. If they do not respond within that 30-day window, you can request a default judgment from the court.

  • File and serve the petition according to the court rules.
  • Wait 30 days after proper service for a response from the other spouse.
  • If no response, prepare and submit the default paperwork to the court.

What Is a Default Judgment?

A default judgment is the court’s way of finalizing the case when the other party does not participate. It allows the court to grant the divorce and resolve the issues in the case without the spouse’s signature or cooperation. The court will review the paperwork you submit and, if everything is in order, issue the judgment that legally ends the marriage.

Important points about default judgments

  • The court will expect proper forms and supporting documents that address the issues in the case, such as property division, debts, and any orders related to children or support.
  • Everything must follow court rules to avoid delays or rejection of the default request.
  • Default is a common and legitimate path when a spouse chooses to ignore the case.

Real Example: Finalizing a Divorce Without Cooperation

Clients often ask whether the court will really grant a divorce if the other side does not participate. In one recent matter, after filing and serving the documents, the responding spouse ignored the entire case. We waited the required 30 days, submitted the default judgment, and the court granted the divorce. No signature, no cooperation, and the client was able to move forward.

After we filed and served the documents, we waited the required 30 days, then submitted the default judgment. The court granted the divorce and our client was able to move on.

How to Handle an Uncooperative Spouse the Right Way

Even though you can move forward without the other spouse, it is important to follow the rules precisely. Mistakes in service or in the default paperwork are common reasons for delay. Here are the practical steps to keep your case on track:

  1. Confirm proper service was completed and documented.
  2. Keep accurate records of dates and methods of service.
  3. Prepare complete default paperwork addressing all issues the court needs to decide.
  4. File the default request with the court after the 30-day response period has passed.
  5. Follow any additional court instructions or requirements to finalize the judgment.

Why Consider Professional Help

Handling service, filings, and default judgments correctly can be technical and time sensitive. Working with experienced professionals helps ensure:

  • All documents are prepared and filed according to court rules.
  • Service is done properly and evidence of service is preserved.
  • Default requests are drafted so the court can grant the judgment without unnecessary delays.

If your spouse is refusing to sign divorce papers, you have options. You do not need their cooperation to finalize the divorce in California. With the right approach you can move forward and get your case resolved.

Next Steps

If you are facing this situation and want guidance on how to proceed, consider scheduling a consultation to review your case, confirm proper service, and prepare the necessary default filings. A clear plan will keep your divorce moving forward even when the other side refuses to participate.

Would you wait for your spouse to cooperate or move forward without them? Consider which option best protects your time and interests and take the next step to finalize your case.

How to Handle Social Security Benefits in a California Divorce | California Divorce

Posted by Tim Blankenship on

 

How to Handle Social Security Benefits in a California Divorce

Why Social Security matters in a divorce

Social Security is a federal program. That means California divorce courts do not divide Social Security benefits the way they divide property or retirement accounts. Still, Social Security can be a significant part of long term income after divorce, especially after a long marriage. Knowing your rights now can prevent you from missing out on future income.

The key rule: the 10 year marriage requirement

If you were married for at least 10 years, you may be entitled to collect benefits based on your ex spouse’s work record. You can qualify even if your ex spouse has remarried. To claim a spousal benefit on an ex spouse’s record you generally must be unmarried and at least 62 years old. In many cases the spousal benefit can be more than the benefit you would receive based on your own work history.

“If you were married for at least 10 years, you may be entitled to collect benefits based on your ex spouse’s work record, even if they’ve remarried.”

Real client example

We recently helped a client who did not know she could claim on her ex husband’s record. She had been married for over 20 years, was over age 62, and was not remarried. She qualified for a spousal benefit that turned out to be higher than the benefit based on her own earnings. That additional Social Security income improved her long term financial security in retirement.

What we do to help

We do not handle Social Security benefits directly, because those benefits are administered by the Social Security Administration. What we do is make sure you understand your rights and that your divorce paperwork reflects your long term retirement planning needs. That includes:

  • Identifying whether you meet the 10 year rule and other eligibility factors.
  • Ensuring retirement and benefit considerations are addressed in settlement paperwork.
  • Explaining how claiming decisions can affect your future income and when you should consult the Social Security Administration.

Practical steps to protect your Social Security options

  1. Confirm the length of your marriage. If you were married 10 years or longer you may qualify for an ex spousal benefit.
  2. Check your current marital status. You generally must be unmarried to claim on an ex spouse’s record.
  3. Know your age. Many spousal claims require you to be at least 62 to begin benefits.
  4. Compare benefit amounts. Request your own Social Security statement and compare it to an estimate of a spousal benefit to see which is higher.
  5. Address retirement planning in the divorce agreement. Make sure paperwork reflects any decisions that could affect future income.
  6. Contact the Social Security Administration when ready to claim. They will confirm eligibility and guide the application.

Common questions

Can I claim on my ex spouse even if they are remarried?

Yes. Being remarried does not prevent you from claiming a spousal benefit on an ex spouse’s record as long as you meet the other eligibility rules.

Does the divorce court divide Social Security?

No. Social Security is not a divisible asset in state divorce proceedings because it is a federal benefit. That is why understanding eligibility and timing is so important.

Next steps

If you are going through a divorce and want to make sure your future Social Security options are protected, get the facts now. Review your marriage length, your age and marital status, and address retirement and benefit concerns in your divorce paperwork. For guidance specific to your situation, visit divorce661.com and schedule a free consultation. We will help you understand what to expect now and down the road so you do not miss out on future income.

How to Divide Intellectual Property in a California Divorce | California Divorce

Posted by Tim Blankenship on

 

How to Divide Intellectual Property in a California Divorce

If you or your spouse created something valuable during your marriage, such as a book, artwork, software, or a brand, you are probably asking what happens to that intellectual property in a California divorce. Intellectual property can be a high value but complex asset to divide. Below I break down how California treats IP, what matters for valuation, and practical options for dividing creative work so you can protect your rights and reach a fair outcome.

Why intellectual property matters in a divorce

Intellectual property can produce ongoing income through royalties, licensing, or product sales. It can also represent significant future earning potential even if it is not yet earning money. That is why IP created during a marriage often needs careful treatment in divorce settlements.

In California, intellectual property created during the marriage is generally considered community property.

That basic rule means IP developed while married is presumptively shared, even if one spouse did most of the work. The critical questions are when the IP was created and what its value is now and in the future.

Key factors in dividing IP in California

  • Date of creation and development: Was the idea or work created before the marriage, during the marriage, or after separation? Timing affects whether it is community property, separate property, or a mix.
  • Contribution during the marriage: Who did the creative, technical, marketing, or management work? Even if one spouse did most of the work, the community may still have an interest if it was developed during the marriage.
  • Current and future value: Is the IP already generating income through royalties or sales? What is the reasonable expectation for future income? These projections matter for fair division.
  • Type of intellectual property: Copyrights, trademarks, patents, trade secrets, and digital assets are treated differently in practice. Each may require specific valuation methods and contractual language.

Types of IP and how they are handled

Not all intellectual property is the same. Here is how common types are generally addressed in a divorce.

  • Royalties and copyrights: Ongoing royalty streams are treated as income producing community assets. Valuation often uses present value of future royalties.
  • Trademarks and brands: A brand may have value based on customer recognition and sales potential. Division can involve buyouts, licensing arrangements, or profit sharing.
  • Patents and inventions: Patents may require expert valuation for potential licensing income and market worth.
  • Software and digital products: Software, apps, and digital courses can have complex revenue models. Valuation should account for recurring revenue, user base, and growth potential.

Valuation is critical

Accurately valuing intellectual property is often the most important and disputed part of dividing IP. You can not simply split an idea. You need a realistic estimate of current worth and projected future earnings. That may require business valuation experts, forensic accountants, or IP specialists.

Without a proper valuation you risk an unfair settlement. A spouse who created a brand or product during the marriage may understandably want to keep control, but the noncreator spouse may still be entitled to a share of the community interest.

Practical solutions: buyouts, licenses, and split ownership

There are several ways to resolve IP division while protecting both parties future interests.

  • Buyout: One spouse pays the other a lump sum or structured payments in exchange for full ownership and control. This is common when the creator wants to retain control and the other spouse wants compensation for the community interest.
  • Licensing agreement: The creator keeps ownership but grants the former spouse a license to receive a portion of income for a set period or under certain terms.
  • Profit sharing: The parties agree to share future revenues according to a formula. This requires clear accounting rules in the settlement to avoid future disputes.
  • Joint ownership with defined roles: For ongoing businesses, the settlement can define decision making, management authority, and how profits are distributed.

Real case example

We helped a client whose spouse launched a digital brand and product line during the marriage. Although most of the work was done by one person, the brand and its future income potential were community assets. We accounted for that future income and structured a fair buyout so the creator could retain full control moving forward while the other spouse received appropriate compensation. The settlement included specific language to avoid future disputes over revenue accounting and control.

What to include in your divorce agreement to avoid future disputes

When IP is involved, the written agreement should be precise. Include wording that covers:

  • Exact intellectual property being divided, including registrations and applications
  • Effective date of creation and any separate property claims
  • Valuation method used and buyout numbers or revenue share formulas
  • Payment schedule and remedies for missed payments
  • Control, management rights, and licensing terms
  • Accounting and audit rights to verify income
  • How new related IP developed after the divorce will be handled

How to protect your creative work during a divorce

  1. Identify every piece of intellectual property and related agreements, registrations, and revenue streams.
  2. Collect documentation showing when development started and any pre marriage contributions.
  3. Get professional valuations for patents, trademarks, brands, and businesses that include projected income.
  4. Negotiate clear settlement language that covers control, revenue splits, licensing, and enforcement.
  5. Consider a buyout when one spouse wants sole control but recognize that buyout amounts should reflect the community interest.

How I can help

If your divorce involves creative work or intellectual property you want handled correctly, I can help you identify and address those assets. I work with experts in valuations and draft settlement language to avoid future disputes. We offer flat fee services and 100 percent remote support across California.

To get started, schedule a free consultation at Divorce661.com. If you want to discuss your IP, take the first step and book a consultation at https://divorce661.com/divorce661-consultation/

Final thoughts

Intellectual property created during a marriage is generally treated as community property in California. The work you put into a book, artwork, software, or brand matters, but so does the community interest in the asset. Proper valuation and carefully drafted settlement language are essential. With the right approach you can protect your creative work and reach a fair resolution.

How to Handle a Divorce with a Special Needs Child in California | California Divorce

Posted by Tim Blankenship on

 

How to Handle a Divorce with a Special Needs Child in California

Divorcing when your child has special needs can feel overwhelming. In California, there are specific considerations you must address to protect your child’s long-term care, stability, and financial security. A thoughtful parenting plan and clear court order can make the difference between ongoing chaos and predictable, reliable support for your child.

Why standard custody schedules often do not work

Typical custody schedules assume a child can move easily between homes and adjust to changing routines. For many children with special needs, that level of disruption causes stress, interferes with therapies, and can set back progress made at school or in medical care.

Instead of rigid 50/50 calendars, a parenting plan for a child with special needs should emphasize:

  • Consistency in daily routine and environment
  • Flexibility to accommodate therapy sessions, specialist appointments, and school needs
  • Minimizing disruption when transitions are likely to cause distress

What to include in a parenting plan for a special needs child

A legally sound parenting plan goes beyond who has time with the child. It should address the practical details that matter most to your child’s well-being.

  • Detailed time sharing tailored to the child’s needs, not just an even split of days
  • Medical decision-making procedures, including who makes emergency and routine care choices and how parents will consult each other
  • Therapies and appointments scheduling and coordination so sessions are not missed or duplicated
  • Transportation responsibilities for getting the child to therapy, school, and medical visits
  • Cost-sharing for medical care, therapies, equipment, long-term care, and school-related services
  • School accommodations and communication with educators to ensure IEPs and 504 plans are implemented consistently
  • Contingency planning for changes in the child’s condition or parents’ circumstances

Real client example: Custom plan for a child with autism

We recently helped a Los Angeles couple who had been co-parenting a child on the autism spectrum. Rather than forcing a standard schedule, we worked with them to draft a custom parenting plan that considered their child’s therapies, school schedule, and need for consistent routines.

The plan included:

  • Time sharing that kept the child’s therapeutic schedule intact
  • Explicit provisions for medical decision-making so both parents knew how to handle health and behavioral issues
  • Clear transportation responsibilities to ensure no appointment was missed
  • How costs for long-term services and therapies would be shared

Having those details written into the court order reduced conflict and made it simple for both parents to follow the same plan, keeping the child’s interests front and center.

Child support and long-term financial care

Child support for a special needs child often looks different than typical child support. In California, support can sometimes extend beyond the age of 18 if the child is unable to support themselves. That extension must be clearly outlined in your judgment so it is enforceable.

When planning financially, consider these steps:

  • Specify the duration and scope of support in the judgment
  • Address who pays for extra costs like specialized therapies, equipment, or residential care
  • Explore financial tools such as special needs trusts, ABLE accounts, or conservatorships when appropriate to protect benefits and provide for long-term care
  • Coordinate support orders with public benefits to prevent unintended loss of services

Why formalizing everything in the judgment matters

Vague agreements are difficult to enforce. Putting explicit terms for custody, medical decision-making, transportation, therapy costs, and extended support into the divorce judgment protects your child and reduces future disputes. A clear judgment gives both parents a roadmap they can follow without repeated court involvement.

How we can help

We help parents create custody and support plans that reflect the unique needs of their children and stand up in court. Our approach includes:

  • Custom parenting agreements that prioritize stability and routine
  • Drafting and filing all required court forms so your agreement becomes an enforceable judgment
  • Planning for long-term financial needs, including support provisions that extend when necessary
  • Remote, flat-fee services to make the process simple and predictable

“We help you create a plan that puts your child’s well-being first and gives you peace of mind.”

If you are going through a divorce and have a special needs child, you do not have to figure this out alone. Visit divorce661.com to schedule your free consultation and get help building a parenting and support plan that truly works for your family.

How to Establish Paternity in California | California Divorce

Posted by Tim Blankenship on

 

How to Establish Paternity in California

If you were not married when your child was born and you are facing custody, visitation, or child support questions, the first legal step is often to establish paternity. Establishing paternity in California means officially identifying a child’s parent. That legal recognition is what allows you to seek custody, visitation, or to address child support and other parental rights.

What does establishing paternity mean?

Establishing paternity is the legal process that makes a person the recognized parent of a child. Once paternity is established, the parent can seek custody and visitation orders, the court can set child support, and important parental rights and responsibilities are secured.

Two main ways to establish paternity in California

There are two common paths to establishing paternity:

  • Voluntary Declaration of ParentageIf both parents agree, paternity can be established quickly by signing a Voluntary Declaration of Parentage. This is often done at the hospital when the child is born, but it can also be completed later. The form may need to be notarized when signed outside the hospital environment.
  • Court action and DNA testingIf one parent disputes paternity or if agreement cannot be reached, you will need to go to court. The court can order genetic testing. If the tests confirm parentage, the court will issue a legal paternity order. That order is what allows you to move forward with custody, visitation, and support matters.

What happens if paternity is disputed?

When a dispute exists, the court-managed route is necessary. Typical steps include:

  1. Filing a paternity petition with the family court.
  2. Completing required forms and serving them on the other parent.
  3. Requesting a court-ordered DNA test if parentage is contested.
  4. Obtaining a paternity judgment from the court once tests confirm parentage.

Once a legal paternity order is in place, either parent can request custody and visitation orders and the court can set child support if appropriate.

How does established paternity affect custody, visitation, and support?

Establishing paternity unlocks the ability to legally pursue:

  • Custody rights — both legal custody (decision making) and physical custody (where the child lives).
  • Visitation or parenting time — schedules and terms ordered by the court.
  • Child support — a court can set financial support obligations once paternity is established.

Without legal paternity, a parent may not be able to request custody, visitation, or to be named on the child’s birth certificate and other official records.

A real-world example

We recently assisted a client in Los Angeles who wanted to be involved in his child’s life but had not been legally recognized as the father. We helped him file the paternity petition, complete the required forms, and pursue the court-ordered DNA test. After paternity was confirmed and a legal paternity order entered, he was able to obtain custody and visitation rights.

How we can help

Filing the right paperwork and navigating the court process matters. We provide help with:

  • Preparing and filing paternity petitions and related forms.
  • Requesting and coordinating DNA testing when necessary.
  • Scheduling hearings and representing your interests during court proceedings.
  • Transitioning to custody, visitation, and child support matters after paternity is established.

We offer flat-fee services across California and full-scope help for paternity, custody, and support cases.

Next steps

If you need to establish paternity in California, start by determining whether both parents can sign a Voluntary Declaration of Parentage. If not, you will need to file a paternity petition and request genetic testing through the court.

For assistance or to discuss your situation, visit divorce661.com to schedule a free consultation. We will guide you through each step and help protect your parental rights.

If you need help establishing paternity in California, visit divorce661.com and schedule your free consultation. We will guide you through the process and help you secure the legal rights you deserve.

How to Deal with Parental Alienation in California | California Divorce

Posted by Tim Blankenship on

 

How to Deal with Parental Alienation in California

Parental alienation can be one of the most painful parts of a divorce or custody battle. If you feel your child is being turned against you through manipulation, negative talk, or restricted contact, you are not alone and there are concrete steps you can take. California courts focus on the best interest of the child, and children deserve a healthy relationship with both parents.

What parental alienation looks like

Parental alienation occurs when one parent intentionally tries to damage the child s relationship with the other parent. Common behaviors include:

  • Making negative comments about the other parent in front of the child
  • Interfering with or blocking phone calls and messages
  • Refusing or limiting court-ordered visitation
  • Encouraging the child to reject or fear the other parent
  • Withholding information about events, school, or medical needs to control the child s access

How California courts view parental alienation

California courts take parental alienation seriously because the guiding principle in custody cases is the best interest of the child. Judges expect both parents to support a healthy parent-child relationship. When alienating behavior is proven, courts can revise parenting plans, enforce visitation, and order remedies that protect the child s access to both parents.

Children deserve a healthy relationship with both parents.

A real example of a successful approach

One parent we represented was being shut out after separation. The other parent was interfering with calls, making negative comments, and refusing visitation. We documented the behavior, included detailed evidence in the custody request, and asked the court to address the interference. The result was a revised parenting plan and enforcement of the parent s visitation rights.

Practical steps you can take right now

Take practical, documented actions rather than reacting emotionally. Here is a step by step approach that courts respect and that preserves your relationship with your child.

  1. Document everythingKeep a dated log of incidents: missed exchanges, blocked calls, comments the child repeats, texts and emails. Write down times, places, and any witnesses. Consistent records are often persuasive in court.
  2. Preserve electronic evidenceSave voicemails, text messages, emails, and social media posts. Take screenshots and back them up. Do not alter or delete evidence.
  3. Make reasonable communication attemptsContinue trying to contact your child in ways you can show the court you were available. Keep messages calm, brief, and child-focused. Avoid arguments in messages.
  4. Avoid retaliatory behaviorDo not badmouth the other parent to the child or escalate conflict. Courts are less sympathetic to parents who contribute to the problem.
  5. Gather third party witnessesTeachers, coaches, therapists, and family members who observe the child s behavior or the other parent s conduct can provide useful statements.
  6. Consider professional evaluation and therapyA custody evaluation, court-ordered counseling, or child therapy can both help the child and provide evidence about the extent of alienation.
  7. Seek modification or enforcement through the courtIf alienation is ongoing, ask the court to modify the parenting plan, enforce visitation orders, or order co-parenting classes. The court can craft remedies to reduce conflict and protect the child s relationship with both parents.

How legal help can make a difference

Parental alienation cases involve both emotional and legal complexity. Legal help can:

  • Identify what behavior qualifies as alienation under California law
  • Help you collect and organize admissible evidence
  • Draft requests for custody modification or enforcement that highlight the best interest of the child
  • Coordinate with mental health professionals and witnesses
  • Advise strategies that minimize escalation while protecting your rights

Practical representation often includes documenting the alienation in court papers, proposing a revised parenting plan, and asking the judge to enforce visitation rights when appropriate.

Next steps

If you suspect parental alienation is harming your relationship with your child, start by documenting incidents and preserving evidence. Seek professional advice to evaluate options for custody modification, enforcement, or therapeutic intervention. If you would like help getting organized and presenting the situation to the court, consider scheduling a consultation at Divorce661.com. Remote and flat-fee options are available to help parents across California take action without unnecessary cost or delay.

Protect your rights and your relationship with your child by taking measured, documented steps today.

How to Handle a Same-Sex Divorce in California | California Divorce

Posted by Tim Blankenship on

 

How to Handle a Same-Sex Divorce in California

Overview

If you are in a same-sex marriage and considering divorce in California, the process is the same as any other divorce under California law. You will follow the same legal steps and face the same issues that heterosexual couples do. The goal is to reach a fair, enforceable resolution for property, support, and custody when applicable.

California law treats same-sex divorces the same as any other divorce.

Step by Step: What the Process Looks Like

Here are the core steps you should expect when starting a same-sex divorce in California:

  • File a petition with the court to begin the divorce.
  • Serve your spouse with the petition so they are officially notified.
  • Exchange financial disclosures including income, assets, debts, and expenses.
  • Address division of property and debts, and arrange support if needed.
  • Resolve child custody and parenting time issues if there are children involved.

These procedural steps are the backbone of nearly every divorce case. How you approach them, and how you document and negotiate, will determine how smooth the process is.

Unique Challenges for Couples Who Were Together Long Before Marriage

One challenge we see often is when a couple has been together for many years but only married after same-sex marriage became legal. That situation can raise questions about the length of the marriage and financial entanglements that developed before the legal marriage date.

Paperwork will show the legal marriage date, but lived reality often spans decades. Courts and the people involved need a clear picture of the full relationship history so a fair resolution can be reached. That means documenting contributions, timelines, and major financial decisions made before the marriage date.

How we approach those situations

  • Collect a clear timeline of the relationship and financial milestones.
  • Organize financial records and disclosures to show how assets and debts accumulated.
  • Explain the full history to the court or opposing counsel so settlement negotiations reflect reality not just paperwork.

Real Client Example

We recently helped a same-sex couple in Los Angeles who had been together for over 20 years but were legally married for eight. The challenge was explaining their long shared history so the court would understand the real nature of their partnership.

By compiling a detailed history and focusing negotiations on fairness rather than strictly on the marriage certificate, we helped them reach a settlement that reflected their actual relationship and contributions over time.

Our Approach: Simple, Respectful, Conflict Free

When possible, keeping the process simple and amicable makes everything easier. That means:

  • Prioritizing clear communication.
  • Using mediation or collaborative tools to avoid unnecessary courtroom battles.
  • Focusing on fair outcomes rather than winning every point.
  • Keeping the best interests of any children front and center.

For many same-sex couples we work with, the goal is a dignified, respectful separation that minimizes stress and conflict. That approach also reduces time and cost.

Practical Tips If You Are Considering a Same-Sex Divorce in California

  1. Start by gathering financial records and a timeline of your relationship and major events.
  2. Make sure both parties exchange full financial disclosures early on.
  3. Consider mediation or a flat-fee service if you want to avoid a long, expensive court battle.
  4. Document nonmarital agreements or contributions that happened before the legal marriage date.
  5. Keep communication civil and focus on long term fairness, especially when children are involved.

How We Can Help

We provide full service divorce solutions designed for amicable couples across California. Services include flat-fee divorce options, remote handling to avoid court when possible, and guidance tailored to same-sex and LGBTQ matters.

If you want support navigating a same-sex divorce in California, visit divorce661.com to schedule a free consultation. We will guide you through every step and make sure you are treated with respect and care.

How to Divide Real Estate in a California Divorce | California Divorce

Posted by Tim Blankenship on

 

How to Divide Real Estate in a California Divorce

One of the biggest questions during a divorce is what happens to the house. That is especially true in places like Los Angeles where property values are high and emotions run deep. Figuring out how to divide real estate can feel overwhelming, but understanding the basic options and the steps to protect your interest makes the process far more manageable.

How California law treats the family home

In California, a home purchased during the marriage is generally considered community property. That means both spouses have equal rights to the asset and its equity unless there is a clear agreement or legal exception stating otherwise. Determining whether the property is community or separate is the first step in deciding how it will be divided.

Primary options for dividing the home

Once the home is identified as community property, there are a few common ways to divide it:

  • Buyout — One spouse keeps the home and buys out the other spouse’s share of the equity. This usually requires refinancing the mortgage into the name of the spouse who will keep the house and arranging a lump sum or structured payment to the other spouse.
  • Sell and split proceeds — The couple sells the house and divides the net proceeds. This is often the cleanest financial split and eliminates joint mortgage liability, but it requires coordinating the sale and handling timing for moving and escrow.
  • Transfer of ownership — The title can be transferred from joint ownership to a single spouse as part of the settlement. This must be properly documented and entered into the final judgment to remove the transferring spouse’s ownership interest.

Real client example: A clean sale and division of equity

We recently worked with a Los Angeles couple who agreed to sell their home and divide the equity. Their case shows how the process can be efficient and low stress when handled correctly:

  • Both spouses agreed to sell.
  • We documented their agreement in the settlement paperwork.
  • We coordinated with escrow and the real estate transaction to ensure the sale closed smoothly.
  • The court approved the division in the final judgment without either spouse needing to appear in court.

The result was clean, simple, and fast. No contested hearings and no lingering joint obligations on the mortgage.

Common legal and tax pitfalls to avoid

Dividing real estate during divorce can trigger mistakes that delay your case or lead to unexpected taxes and liabilities. Watch out for:

  • Failing to document the agreement properly so the court can approve it.
  • Ignoring tax consequences related to capital gains or step-up in basis issues. While transfers incident to divorce are often tax-free, details matter.
  • Not refinancing a mortgage when an owner buys out the other spouse, leaving the exiting spouse on the loan.
  • Skipping escrow coordination and title work, which can create title defects or ownership disputes later on.

How to structure the agreement so it holds up

Whether you are keeping the house, selling it, or transferring ownership, make sure the paperwork is complete and court-ready. Key items to include are:

  • Clear description of the property and how equity will be divided.
  • Timelines for sale or refinance and responsibilities for costs (repairs, commissions, escrow fees).
  • Provisions for mortgage payments and insurance until the sale or transfer closes.
  • Language for entry into the final judgment so the division is enforceable and the court can dismiss property claims.

Practical steps to protect your interest

  1. Confirm whether the home is community or separate property.
  2. Decide on your preferred outcome: buyout, sale, or transfer.
  3. Get an accurate statement of outstanding mortgage and calculate net equity.
  4. Document the agreement in writing and include it in your settlement paperwork for court approval.
  5. Coordinate with escrow, title, and mortgage lenders as required.
  6. Refinance if necessary to remove an outgoing spouse from the loan.

Why professional help matters

Working with a professional prevents avoidable mistakes that can cost time and money. Proper help ensures:

  • You understand who is entitled to what under California community property rules.
  • The agreement is structured to avoid delays and unintended tax consequences.
  • All paperwork, transfers, and court filings are done correctly so the division is enforceable.
  • Coordination with escrow and title companies is handled so the transaction closes smoothly.

Next steps

If you need help dividing real estate during your divorce, especially in Los Angeles, visit divorce661.com to schedule a free consultation. We can help you protect your interest, structure an agreement that works for your situation, and move forward with clarity.

Whether you are keeping the house, selling it, or transferring ownership, make sure the paperwork is done right.