How To File California Divorce Request To Enter Default | Los Angeles

Posted by Tim Blankenship on

 

How To File California Divorce Request To Enter Default

Filing for divorce in California comes with specific rules and timelines that are crucial to understand if you want your case to proceed smoothly. One important step in the process is the Request to Enter Default, which can be a bit confusing if you’re handling your divorce on your own. In this article, I’ll walk you through everything you need to know about filing a Request to Enter Default in California, including when and how to file it correctly to avoid delays or rejections.

Understanding the Divorce Timeline and Jurisdiction

When you file for divorce and your spouse is served with the divorce papers, the date of service marks a significant milestone. This date is essentially the starting point for your divorce case in terms of jurisdiction and timing. For example, if your spouse was served on November 4, 2013, two important things begin on that exact day:

  • Your divorce cannot be finalized for at least six months from the date your spouse was served.
  • The clock starts ticking on when you can file your Request to Enter Default.

This six-month waiting period is non-negotiable and is designed to give both parties time to consider the dissolution of marriage.

What Is a Request to Enter Default?

A Request to Enter Default is a legal form you file when your spouse does not respond to the divorce petition within the required timeframe. There are two main scenarios for filing this request:

  1. True Default: This happens when your spouse has been served but fails to respond or participate in the divorce process.
  2. Hybrid or Default with Agreement: This occurs when there is some agreement between the parties, but the case still needs to move forward as a default.

In this article, we’ll focus primarily on the true default scenario, which involves strict timing rules.

When Can You File the Request to Enter Default?

This is where many people get tripped up. You cannot file the Request to Enter Default until at least 30 days have passed from the date your spouse was served. It’s important to note:

  • You cannot file the request even one day before the 30-day period ends.
  • It’s safest to wait 31 or 32 days before submitting the form to ensure you meet the requirement.
  • The date that matters is the date you date the form, not the date you submit it.

For example, if your spouse was served on November 4, you cannot date the Request to Enter Default form any earlier than December 4. Even if you submit the form after 30 days but date it earlier, the court will reject it.

Common Pitfall: Dating the Form Too Early

We’ve seen clients who tried to prepare all their divorce paperwork—including the Request to Enter Default—on the same day they filed the case and served their spouse. They dated the Request to Enter Default form on the filing date, which is before the 30-day waiting period ended. As a result, their request was rejected by the court.

The court clerks or judicial assistants do not check when they receive the request; they only look at the date on the form itself. If that date is less than 30 days after service, the request is automatically rejected.

Request to Enter Default vs. Default with Agreement

While this article focuses on the true default case, it’s worth mentioning the other type of default filing: the Request to Enter Default with Agreement or hybrid default. This type of request is filed differently:

  • You do not wait for 30 days after service to file it.
  • The request is typically submitted alongside your judgment papers.

So, if you and your spouse have reached an agreement but one party has not formally responded, you’ll handle the request differently than the true default process.

Final Thoughts

Filing a Request to Enter Default is a critical step in a California divorce when your spouse does not respond. Remember these key points:

  • The 30-day waiting period after service must be strictly observed.
  • Don’t date your Request to Enter Default form before the 30-day mark.
  • Be aware of the difference between a true default and a default with agreement.

If you’re unsure about the process or want to avoid common mistakes, it’s always a good idea to consult with a professional who specializes in California divorce cases. Proper preparation can save you time, money, and frustration.

If you need assistance with your California divorce, feel free to reach out to me, Tim Blankenship at Divorce661. We offer professional divorce services at an affordable fixed price to help you navigate your case with confidence.

 

Length of Separation Doesn’t Count in Divorce: Santa Clarita Divorce Explained | Los Angeles Divorce

Posted by Tim Blankenship on

 

😩 Length of Separation Doesn’t Count in Divorce: Santa Clarita Divorce Explained

When going through a divorce, especially in California, one common misconception is that the time spent separated automatically counts towards the mandatory waiting period before the divorce can be finalized. I’m Tim Blankenship from Divorce661, and I’m here to clarify an important legal detail you need to know: the length of time you’ve been separated does not count towards the six-month cooling-off period required by law.

Understanding the Six-Month Cooling-Off Period

In California, after you file for divorce, there is a mandatory six-month waiting period before the court can finalize your case. This waiting period is designed as a cooling-off time to allow both parties to reconsider, negotiate, or resolve any outstanding issues.

Many people assume that if they have already been living apart or separated for some time before filing, that time should count towards this six-month wait. Unfortunately, this is not the case.

Why Separation Time Doesn’t Count

The law is clear that the six-month waiting period begins only when the divorce petition is officially filed with the court and the other spouse has been served. This means that no matter how long you and your spouse have been separated before filing, the clock starts ticking only after the legal process has begun.

This rule helps standardize the process and prevents disputes over what constitutes “separation” time. It also ensures that both parties have sufficient time after filing to work through any legal and emotional aspects related to the divorce.

What This Means for You

  • If you have been separated for a year, two years, or longer before filing, you still need to wait six months from the date of filing to finalize your divorce.
  • Planning ahead is crucial. Don’t assume that your prior separation time will shorten the divorce timeline.
  • Use this waiting period productively to negotiate settlements, attend mediation, or prepare for court if necessary.

Additional Tips for Navigating the Divorce Process

While the six-month wait can feel frustrating, it’s important to understand it as a necessary part of the legal framework. Here are some strategies to make the process smoother:

  1. Gather Documentation Early: Organize financial records, property information, and any agreements you and your spouse have reached.
  2. Communicate Clearly: If possible, maintain open lines of communication with your spouse to resolve issues amicably.
  3. Seek Legal Advice: Consult with a divorce attorney who understands California law to guide you through the waiting period and beyond.
  4. Focus on Emotional Well-being: Divorce can be emotionally taxing. Use this time for self-care and support from friends, family, or professionals.

Conclusion

The bottom line is that the time you have been separated before filing does not reduce the mandatory six-month waiting period in a California divorce. Understanding this can help you set realistic expectations and plan accordingly during your divorce journey.

If you’re navigating a divorce in Santa Clarita or anywhere in California, keep this important fact in mind, and take proactive steps to make the process as smooth as possible.

For more insights and guidance on divorce topics, feel free to visit my YouTube channel Tim Blankenship Divorce661 where I break down legal concepts in simple, straightforward terms to help you through your divorce.

 

Alameda County Divorce Judgment Approval Timeline: What to Expect in an Uncontested Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

Alameda County Divorce Judgment Approval Timeline: What to Expect in an Uncontested Divorce

Going through a divorce can be a challenging experience, even when the process is straightforward. If you’re navigating an uncontested divorce in Alameda County, understanding the timeline for judgment approval is crucial. Drawing from recent experience handling a simple divorce case in Alameda County, this article will walk you through what to expect, particularly focusing on the timeline and important details that can impact your case.

Understanding the Basics: What Constitutes a Simple Divorce in Alameda County?

In the context of divorce, “simple” typically means the case involves no complicated factors such as assets, debts, children, or spousal support. The example case involved a long-term marriage but did not include any assets to divide, no children, no alimony requests, and no deaths. This kind of case is often uncontested, meaning both parties agree on the terms and there is no dispute requiring court intervention.

One important aspect in long-term marriages is the inclusion of specific waiver language related to spousal support or other claims. This ensures that both parties waive any future rights to alimony or related financial support, which simplifies the final judgment.

The Divorce Judgment Approval Timeline in Alameda County

One key takeaway from this experience is the timeline for processing the divorce judgment. After submitting all paperwork and finalizing the terms, it took approximately two months for the Alameda County court to process and approve the divorce judgment. This timeline is important for anyone going through an uncontested divorce to keep in mind, as it affects when the divorce becomes official and legally recognized.

While two months might feel like a long wait, it reflects the court’s administrative process and workload. Being prepared for this wait can help manage expectations and reduce stress during the final phase of your divorce.

Key Tips for a Smooth Uncontested Divorce in Alameda County

  • Ensure all paperwork is complete and accurate: Missing or incorrect information can cause delays.
  • Include waiver language if applicable: For long-term marriages, properly drafted waiver language can prevent future disputes.
  • Be patient with the court process: The judgment approval can take up to two months or more, so plan accordingly.
  • Seek professional advice if unsure: Even in simple cases, consulting with a divorce professional can save time and headaches.

Conclusion

Understanding the Alameda County divorce judgment approval timeline is essential for anyone going through an uncontested divorce. In cases without assets, children, or alimony, the process can still take up to two months for final approval. Being aware of this timeline and ensuring all documentation is properly prepared can help make your divorce experience smoother and less stressful.

Remember, every divorce case is unique, but knowing what to expect from the court’s timeline helps you stay informed and prepared. If you’re considering or currently navigating a divorce in Alameda County, keep these points in mind to better manage your expectations and plan your next steps.

About the Author: Tim Blankenship of Divorce661 specializes in helping individuals through their divorce journey, providing clear guidance and support for uncontested and straightforward divorce cases in Alameda County.

 

Los Angeles Divorce Timeline: What to Expect and How to Speed Up the Process | Los Angeles Divorce

Posted by Tim Blankenship on

Los Angeles Divorce Timeline: What to Expect and How to Speed Up the Process

When facing a divorce in Los Angeles County, one of the most common questions is: How long will this take? While California law mandates a six-month waiting period after serving your spouse with divorce papers, there’s an important twist—most of the divorce process can actually be completed before that waiting period ends.

Understanding the divorce timeline and knowing how to navigate it efficiently can save you time, reduce stress, and help you move forward faster. Let’s break down the process, step by step, and explore how you can get your divorce done quickly, legally, and without guesswork.

The Six-Month Waiting Period: What It Means and Why It Exists

California requires a mandatory six-month waiting period from the date your spouse is officially served with divorce papers before your divorce can be finalized. This waiting period is designed to give both parties time to consider their decisions, complete necessary disclosures, and work out any agreements.

But here’s the key insight: the clock starts ticking only after your spouse has been served. And during this waiting period, you don’t have to sit idle.

Starting the Process: Filing and Serving Divorce Papers

The divorce journey begins with e-filing your petition and summons. Electronic filing not only streamlines the process by eliminating courthouse visits but also officially initiates your case.

Once filed, the next crucial step is serving your spouse with the divorce papers. Serving isn’t just a formality—it triggers the six-month countdown. After your spouse is served, you must file proof of service with the court to confirm that the process has officially started.

What You Can Do During the Waiting Period

While the six-month waiting period might seem like a long time, it’s actually an opportunity to get ahead on the divorce process:

  • Complete Financial Disclosures Promptly: Transparency is essential. Providing full financial disclosures early helps prevent delays and builds trust between parties.
  • Draft a Marital Settlement Agreement: This document outlines the terms of your divorce, including property division, child custody, and support. Having a clear, comprehensive agreement reduces the chance of future disputes.
  • Prepare Your Final Judgment Package: Assemble all necessary documents to submit to the court for approval once the waiting period ends.

How to Expedite Your Divorce in Los Angeles County

With the right approach, you don’t have to wait the full six months to finalize your divorce. In fact, many cases can be wrapped up much sooner. For example, in Los Angeles County, once the final judgment package is submitted, court approval can take as little as one to two weeks.

Imagine completing filing, serving, disclosures, and drafting agreements in under 30 days—then simply waiting out the mandatory period stress-free. This is not just hypothetical; one couple recently worked with Divorce661 to do exactly that. They moved quickly through each step and had their judgment approved in just two weeks, well ahead of the six-month deadline.

Why Choose Divorce661 to Streamline Your Divorce?

Divorce661 specializes in helping couples navigate the Los Angeles divorce process efficiently and with minimal stress. Here’s how we make it easier for you:

  • Expert Knowledge of L.A. County Courts: We understand local procedures inside and out.
  • Electronic Filing: No courthouse visits required—everything is done online.
  • Guided Process: We walk you through every step to ensure nothing is missed.
  • Flat-Fee Pricing: Transparent, affordable service with no hidden costs.
  • 100% Remote Service: Handle your divorce from anywhere in California.

Take the First Step Towards a Faster Divorce

Don’t let uncertainty about timing hold you back. By understanding the divorce timeline and taking proactive steps, you can complete most of the process well before the mandatory six-month waiting period ends.

Ready to move forward? Visit Divorce661.com today to schedule your free consultation. Let us help you get your divorce done fast, legally, and without the guesswork. Your new chapter awaits.

How to Finalize a Divorce in Los Angeles County in 6 Weeks | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Finalize a Divorce in Los Angeles County in 6 Weeks

Think divorce is a lengthy, complicated process that drags on for months or even years? Think again. In Los Angeles County, an amicable divorce can be finalized in as little as six weeks. This streamlined approach not only saves time but also minimizes stress, confusion, and unnecessary court visits. If you’re ready to move on with your life quickly and efficiently, here’s how you can make it happen.

The Common Myth: Divorce Takes Forever

Many people assume divorces are always drawn-out battles filled with endless paperwork, court dates, and delays. While some divorces are indeed complex and contested, that’s not the norm for amicable couples who agree on key issues. In fact, with the right process and expert guidance, you can wrap up your divorce paperwork and get court approval in just six weeks.

Starting Strong: The Power of E-Filing

Speed is the name of the game when it comes to finalizing your divorce quickly. The process kicks off by e-filing your divorce petition within days. This step is crucial because it officially starts the six-month waiting period required by California law once your spouse is served.

By using electronic filing, you eliminate delays associated with traditional paperwork submissions. This means your case is in the system faster, and the clock on your divorce timeline starts ticking right away.

Efficient Disclosures and Settlement Agreement

Once your case is filed and your spouse is served, the next step is to complete all necessary disclosures and finalize your settlement agreement. This includes sharing financial documents and agreeing on terms related to property, debts, and any other relevant matters.

Completing these steps quickly and accurately is essential. When done right, you can submit your full judgment package for court review without delay. Efficiency here ensures your case doesn’t get bogged down by errors or omissions that could cause court rejections or postponements.

A Real Success Story: Divorce Finalized in Under 5 Weeks

To illustrate how effective this process can be, consider the story of one couple who finalized their divorce paperwork in less than five weeks. With everything filed, served, and approved, they are now simply waiting for the mandatory six-month waiting period to expire—no further action needed from them.

Their experience was seamless and stress-free: no court appearances, no confusing delays, just a straightforward path to finalizing their divorce. Their journey highlights the benefits of a streamlined, expert-led process designed to minimize hassle and maximize results.

Why Choose a Remote, Flat-Fee Service Like Divorce661?

Handling your divorce remotely with a trusted service provider offers several advantages:

  • Flat-Fee, Full-Service Divorce: No hidden costs or surprises—just one transparent fee.
  • 100% Remote Process: Manage everything from the comfort of your home without court appearances.
  • Fast E-Filing & Same-Day Service: Speed up the entire process with expert support and quick submissions.
  • Trusted Expertise in Los Angeles County: Benefit from experience that ensures accuracy and avoids delays.

This approach is designed to reduce stress and get your case filed, approved, and behind you as fast as possible.

Understanding the Six-Month Waiting Period

It’s important to know that even after your paperwork is approved, California law requires a six-month waiting period before your divorce is finalized. The good news? By front-loading the work—filing, serving, disclosures, and settlement agreements—you can complete everything else within the first six weeks.

This means you spend most of the waiting time with your divorce fully approved, simply waiting for the legal clock to run out. No further court appearances or paperwork are needed, allowing you to move on with peace of mind.

Take the First Step Towards a Fast, Hassle-Free Divorce

If you’re ready to finalize your divorce in just six weeks, expert guidance and a streamlined process are key. By choosing a service that prioritizes speed, accuracy, and remote convenience, you can avoid the common pitfalls that slow down divorce proceedings.

Visit divorce661.com to schedule a free consultation and start your fast, stress-free divorce process today. Don’t let myths about long, drawn-out divorces hold you back—take control and move forward with confidence.

Summary: How to Finalize Your Divorce in 6 Weeks

  1. File your divorce petition quickly using e-filing.
  2. Serve your spouse promptly to start the six-month waiting period.
  3. Complete all disclosures and finalize your settlement agreement without delay.
  4. Submit the full judgment package for court review efficiently.
  5. Wait for the six-month period to expire with no further actions required.

With the right support and approach, an amicable divorce in Los Angeles County doesn’t have to drag on. You can finalize your divorce swiftly, smoothly, and stress-free.