How to Choose a Divorce Attorney in California | Los Angeles Divorce

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How to Choose a Divorce Attorney in California | Los Angeles Divorce

I’m Tim Blankenship with Divorce661. If you’re starting the divorce process in California, one of the first questions you probably ask is, “How do I choose the right divorce attorney?” The short answer: it depends on the nature of your case. Below I’ll walk you through how to decide whether you need an attorney, what kind of attorney to hire, and practical steps to protect your interests without wasting time or money.

Understand the nature of your divorce

Not all divorces are the same. The most important factor in choosing legal help is whether your case is amicable or contested.

  • Amicable/Uncontested: You and your spouse agree on the major issues (division of property, custody, support). These cases often don’t require “full-scope” legal representation and can be handled efficiently with flat-fee services.
  • Contested: If you disagree about property division, child custody, spousal support, or other material issues, you should hire an experienced family law attorney who handles contested matters and court appearances.

Family law specialist vs. general attorney

Look for someone who focuses specifically on divorce and family law—not a generalist who handles wills, real estate, and criminal law. Family law has unique procedures, local court practices, and timelines. An attorney who specializes in this area is more likely to protect your rights efficiently and avoid costly mistakes.

“How do I choose the right divorce attorney in California?”

Real client example: the cost of the wrong choice

We had a client who first hired a general attorney with no real family law experience. After months of delays and confusion, they came to us. The case was actually amicable — they didn’t need full-scope representation. We completed the entire process for a flat fee and without court appearances, saving them both time and money.

When a flat-fee service makes sense

If your divorce is amicable and you and your spouse agree on the terms, a flat-fee divorce service can be a smart option:

  • Predictable cost — no hourly billing surprises
  • No court appearances required in many cases
  • Faster turnarounds when all paperwork is in order

At Divorce661 we specialize in amicable, flat-fee divorces designed for couples who can reach agreement and want a fast, accurate, stress-free process.

When you need an attorney and how we help

If your case requires negotiation, disputes, or courtroom advocacy, you’ll want a skilled family law attorney. We can refer you to trusted attorneys we’ve worked with for years—lawyers who know how to protect your interests without unnecessarily dragging out the process.

Practical checklist: how to choose the right divorce attorney

  • Specialty: Do they practice family law full time?
  • Experience: Have they handled cases with issues similar to yours (property division, custody, support)?
  • Fee structure: Do they charge hourly or offer flat-fee options? Are fees and billing practices clear in writing?
  • Communication: Will they keep you updated and answer questions promptly?
  • Local knowledge: Do they understand local court procedures and judges in California?
  • References: Can they provide client results or referrals?
  • Practical approach: Will they try to resolve issues efficiently rather than escalate unnecessarily?

Questions to ask during a consultation

  • Have you handled cases like mine? What was the outcome?
  • How do you charge (hourly vs. flat fee)? What might increase my costs?
  • Who will do the work—an attorney or support staff—and how will we communicate?
  • What’s a realistic timeline for resolving my case?
  • If my case becomes contested, how will you proceed?

Decide the best path forward

If you’re unsure whether you need a lawyer or a flat-fee process, get a professional assessment. We offer free consultations at Divorce661 to help you determine the right path for your situation—whether that’s a streamlined flat-fee divorce or a referral to a trusted family law attorney for a contested case.

Conclusion

Choosing the right divorce attorney in California starts with understanding your case. If you and your spouse are largely in agreement, a specialist flat-fee divorce service can save time and money. If you face disputes over property, custody, or support, hire a dedicated family law attorney with the right experience. When in doubt, talk to someone who understands California family law so you can make an informed decision.

To schedule a free consultation and find out what’s best for your situation, visit Divorce661.com.

 

How to Handle Child Support and Custody in San Diego County | San Diego Divorce

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How to Handle Child Support and Custody in San Diego County | San Diego Divorce

Introduction

I’m Tim Blankenship with Divorce661. If you’re divorcing in San Diego County and have children, two of the most important issues you’ll face are custody and child support. In this article I’ll walk you through the difference between legal and physical custody, how parenting schedules affect time with your children and support calculations, and why using court‑approved tools matters. I’ll also share a real client story about a 50/50 custody agreement that was finalized without a court appearance.

What Custody Really Means: Legal vs. Physical

Custody isn’t just about where your child lives. It has two distinct components:

  • Legal custody: This governs who has the authority to make major decisions for the child—things like education, medical care, and religious upbringing.
  • Physical custody: This determines the child’s day‑to‑day living arrangements and where the child spends their time.

In most amicable separations, parents choose joint legal custody, which ensures that both parents have a say in important decisions. Joint legal custody promotes collaboration and helps keep both parents involved in the child’s life.

Parenting Schedules: Time, Stability, and Flexibility

Parenting schedules are the practical framework that turns custody into daily life. Shared parenting schedules—whether a 50/50 split, week‑on/week‑off, or a custom arrangement—help ensure children spend meaningful time with both parents.

Key points to consider when designing a parenting schedule:

  • Put the child’s routine and stability first (school, extracurriculars, sleep schedules).
  • Create clear holiday, vacation, and special occasion rules to avoid future conflict.
  • Draft a written parenting plan that documents the schedule and dispute resolution steps.

How Child Support Is Calculated in California

Child support in California is determined by a statewide formula that takes into account parents’ incomes and how parenting time is divided. The goal is consistency and fairness across cases so the child’s needs are met predictably.

Important factors in the calculation include:

  • Each parent’s gross income (wages, bonuses, self‑employment income, etc.).
  • Percentage of time the child spends with each parent (time‑share).
  • Tax filing status, mandatory deductions, childcare and healthcare costs for the child.

Because the formula has many moving parts, it’s crucial to use accurate, court‑accepted tools to run the numbers.

Why We Use DissoMaster (and Why It Matters)

At Divorce661 we use DissoMaster—the same calculation software the courts use. That consistency matters for two reasons:

  • Accuracy: DissoMaster accounts for the statutory factors and deductions used by judges, so support numbers match what a court would expect.
  • Credibility: When an agreement is prepared with DissoMaster, it’s easier to submit a proposed judgment that the court will approve without surprises.

Using court‑approved calculations reduces the likelihood of contested hearings and helps keep the process efficient and less stressful.

Real Client Story: 50/50 Custody Without Court

We recently helped a San Diego couple finalize a 50/50 custody arrangement without either party ever stepping into a courtroom. What made it work?

  • They were proactive about communication and focused on the kids’ routines.
  • They agreed on the financial terms up front and let us run the official DissoMaster calculations.
  • We drafted a clear, court‑ready parenting plan and support order that the judge approved.

“By focusing on collaboration, they avoided lengthy legal battles.”

Their case is a good example of how planning, accurate calculations, and a well‑drafted agreement can produce a fair result without litigation.

How Divorce661 Helps You Reach a Fair, Court‑Ready Agreement

Our goal is to help families reach fair custody and support orders while avoiding unnecessary court appearances. Here’s how we support clients in San Diego County:

  • Flat‑fee divorce services that include kids—no surprise hourly bills.
  • 100% remote document preparation and court filing, so you can handle this from anywhere.
  • Accurate custody and support orders prepared with DissoMaster for court consistency.
  • Court‑ready parenting plans designed to minimize future disputes.

Next Steps: Protect Your Children and Plan for a Smooth Transition

If you’re ready to handle custody and support the right way, take the first step:

  1. Talk to your co‑parent about a schedule that prioritizes your children.
  2. Gather income documentation and make a preliminary budget for child‑related expenses.
  3. Schedule a free consultation with us to run DissoMaster calculations and draft a parenting plan.

Visit divorce661.com to schedule your FREE consultation. We’ll help you craft a fair, court‑ready agreement and walk you through every step of the process.

Conclusion

Custody and child support are about more than paperwork—they’re about protecting your children’s stability and your family’s future. With clear communication, accurate calculations, and a strong parenting plan, many families can finalize fair agreements without stepping into a courtroom. If you want help navigating custody or support in San Diego County, we’re here to help.

Schedule your free consultation at divorce661.com and let’s get started on a plan that works for your family.

What Happens At Default Prove Up Hearing In California Divorce | Los Angeles Divorce

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What Happens At Default Prove Up Hearing In California Divorce

When navigating a California divorce without cooperation from the other party, understanding the default prove up hearing is crucial. I’m Tim Blankenship from Divorce661, and in this article, I’ll walk you through what a prove up hearing entails, why it’s important, and how to prepare for it. This guide is especially helpful if you’re handling a true default divorce—where your spouse isn’t responding or participating—and you want to finalize your case efficiently and correctly.

What Is a Default Divorce?

A default divorce in California happens when one spouse files and serves divorce papers, but the other spouse does not respond or cooperate. This means you move forward on your own to finalize the divorce. There are two types of default cases: those with agreements and true defaults, where no agreement exists and the other party simply doesn’t participate.

True default divorces can be tricky because they rely heavily on California family law, civil procedure, and court rules. Without an agreement, the court must ensure that everything—from property division to support—is handled fairly and according to the law. This can make the process more complex compared to cases where both parties agree on terms.

Why Are Default Cases More Challenging?

In a true default divorce, the court enforces strict rules to protect the interests of both parties—even if one spouse isn’t involved. For example:

  • Property must be divided equally unless there is a clear legal reason not to.
  • The petition must clearly list all property and debts to be divided.
  • Procedural requirements, like filing the correct forms, must be followed exactly.

Because of these strict rules, default judgments are often rejected by the court if paperwork is incomplete or incorrect. This means delays and more work for you.

What Is a Prove Up Hearing?

A prove up hearing is a court proceeding where you present your default judgment to the judge for approval. If you file your judgment without including the necessary “prove up” form, the court will likely reject it and require you to schedule this hearing. This can cause significant delays—sometimes months—while your case is pending.

To avoid this, it’s best practice to file the prove up form along with your default judgment. Doing so helps the court review your case faster and can save you time.

Two Possible Outcomes of Filing a Default Judgment

When you submit your default judgment, the court has two options:

  1. Reject the judgment: This happens if the paperwork is incomplete or there are procedural errors, such as improperly listing assets or failing to comply with court rules.
  2. Approve the judgment or set a prove up hearing: If the paperwork is mostly correct but the judge has questions—often about alimony, child support, or asset division—they may schedule a prove up hearing to clarify these issues.

What Happens at the Prove Up Hearing?

At the prove up hearing, the judge will ask you questions to ensure the divorce judgment is fair and legally sound. Typical areas of focus include:

  • Verification of income, especially if alimony or child support is requested.
  • Clarification of how community and separate property are divided.
  • Ensuring the non-responding spouse’s rights are protected, even though they did not participate.

For example, if you don’t have minor children, the hearing may concentrate mainly on property division and spousal support. The court wants to be sure that community property is divided equally, as mandated by California law, regardless of the default status.

Common Misconceptions About Default Divorces

Many people think a default divorce means they can take everything or ignore the other spouse’s rights. This is not true. The court enforces equitable division of assets and may reject judgments that do not comply with the law. Defaults are often a last resort because they limit flexibility in negotiating terms.

Do You Need an Attorney for the Prove Up Hearing?

Whether you need an attorney depends on your comfort level speaking in court. If you have managed the default divorce process on your own so far, you will likely be fine handling the prove up hearing yourself. The judge typically asks straightforward questions, and you can either receive approval on the spot or be asked to make changes and resubmit your judgment.

However, if you feel unsure about court procedures or answering the judge’s questions, consulting an attorney might be a wise choice to ensure everything proceeds smoothly.

Tips to Expedite Your Default Divorce

  • File the prove up form with your default judgment: This can prevent delays and reduce the chance of your judgment being rejected.
  • Be thorough and accurate: List all assets, debts, and support requests clearly to comply with court rules.
  • Prepare for the hearing: Review your judgment and be ready to answer questions about income, property division, and support obligations.
  • Consider professional advice: If you’re unsure about any step, a consultation with a family law professional can save time and stress.

Conclusion

Understanding what happens at a default prove up hearing in a California divorce can save you time and frustration. True default divorces require careful attention to legal details and court procedures to ensure a fair and final judgment. Filing the prove up form alongside your judgment is a key step to avoid unnecessary delays.

Remember, the court’s priority is to ensure an equitable division of property and fair support arrangements—even when one spouse does not participate. If you’re managing your divorce on your own, being prepared and informed will help you navigate the prove up hearing successfully.

If you have questions or need further guidance, feel free to reach out or visit Divorce661.com for more resources.

 

How To Complete California Divorce Summons FL-110 (2024 Forms) | Los Angeles Divorce

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How To Complete California Divorce Summons FL-110 (2024 Forms)

Filing for divorce can feel overwhelming, especially when it comes to completing the necessary court forms correctly. One of the essential documents you’ll encounter is the California Divorce Summons FL-110. Understanding how to fill out this form properly can save you time, prevent errors, and keep your divorce process moving smoothly. In this article, I’ll walk you through the key steps to complete the summons form accurately, share important tips about restraining orders in family law, and help you avoid common pitfalls.

What Is the California Divorce Summons FL-110?

The summons form FL-110 is a straightforward document used to officially notify the other party that a divorce case has been filed. It contains basic information about the court, the petitioner, and the respondent. Although it may seem simple, attention to detail is crucial to ensure the court accepts your filing without delays or complications.

Step-by-Step Guide to Completing the Summons FL-110

When filling out the summons, here are the key points to keep in mind:

  • Court Information: Enter the exact name and address of the court where you are filing your divorce. This information must be accurate and correspond with the petition.
  • Names: Make sure the names you enter match exactly as they appear on the petition. Consistency is essential to avoid confusion or rejection.
  • Your Contact Information: Include your full name, address, and telephone number in the petitioner section. This ensures the court and the other party can reach you if necessary.

My system automates much of this process, but if you’re completing the form on your own, double-check these details before submitting.

Understanding Family Law Restraining Orders

One aspect often misunderstood in divorce paperwork involves the standard family law restraining orders. These orders are automatically issued to protect both parties during the divorce process, but their purpose and application can be confusing.

Restraining orders in family law are designed to prevent harmful behaviors such as:

  • Hiding or concealing assets
  • Unauthorized sale or transfer of property
  • Removing children without consent
  • Cashing out joint accounts or changing beneficiaries on insurance policies
  • Paying off debts without agreement

These measures safeguard both parties, especially in cases where the divorce is not amicable and one party might try to take unfair advantage.

What If You’re Amicable?

If you and your spouse are on good terms and agree on how to handle finances, property, and other matters, these restraining orders should not be a cause for concern. You can jointly sell your home, change bank accounts, or update beneficiaries as agreed without waiting for court approval.

The key is transparency and mutual consent — the restraining orders are not meant to hinder cooperation but to prevent unilateral harmful actions.

Final Tips for Filing Your Divorce Summons

  1. Always verify that the names and court information on the summons exactly match those on your petition.
  2. Keep your contact information current and accurate.
  3. Understand the purpose of restraining orders and communicate openly with your spouse if you’re working amicably.
  4. Consult resources or services that can guide you through the form completion process to avoid costly mistakes.

By following these guidelines, you can confidently complete the California Divorce Summons FL-110 and move forward in your divorce proceedings with clarity and peace of mind.

Need Help with Your Divorce Process?

If you’re navigating an amicable divorce in California and want a comprehensive, stress-free solution, consider professional services that specialize in divorce paperwork and guidance. Properly completing forms like the summons FL-110 is just one part of a smooth divorce experience.

Remember, thorough preparation today helps prevent delays and complications tomorrow.

 

Nullity and Annulment of Marriage or Divorce: What You Need to Know | Los Angeles Divorce

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Nullity and Annulment of Marriage or Divorce: What You Need to Know

When it comes to ending a marriage, many people hear terms like “divorce” and “annulment” tossed around, but the distinctions between them can be confusing. I’m Tim Blankenship with Divorce661, and I want to clear up some common misconceptions about nullity and annulment of marriage, especially when it comes to the reasons you might qualify for one.

Understanding Nullity and Annulment

Nullity, or annulment, is often thought of as a way to erase a marriage as if it never existed. However, this is not as simple as it sounds. Many believe that if a marriage is very short—say, lasting only a few hours, days, or even a few months—they can easily get an annulment instead of a divorce. This is a widespread misconception.

In reality, courts, including those in California, provide specific legal grounds that must be met to qualify for nullity. The length of the marriage is not one of those grounds. Just because a marriage is short does not mean it can be annulled.

The Legal Grounds for Nullity

California law outlines at least eight reasons that can justify an annulment, but simply having a brief marriage isn’t one of them. These reasons generally involve issues such as fraud, incapacity, or coercion at the time of marriage, among others.

If you want to pursue a nullity, you must prove one of these legal grounds to the court. Without valid cause, the court will not grant an annulment.

Example: The Kardashian Case

A recent high-profile example highlights this principle well. A member of the Kardashian family sought to nullify a marriage that lasted only three or four months. The argument was that the marriage was primarily for fame, linked to their TV show. However, the court denied the nullity, requiring the parties to go through a regular divorce instead.

This case clearly demonstrates that a short-term marriage alone does not qualify for annulment. Courts will carefully review the reasons behind the marriage and whether any legal grounds for nullity exist.

What Happens If You Don’t Qualify for Nullity?

If the court finds you do not meet any of the legal reasons for annulment, your case will typically be converted into a divorce proceeding. This means you will have to go through the traditional divorce process, which can include dividing assets, custody arrangements, and other legal matters.

It’s important to understand that attempting to nullify a marriage without valid grounds may only delay the inevitable divorce process.

Key Takeaways

  • Annulment or nullity is not simply about how long you have been married.
  • The court requires specific legal grounds to grant a nullity.
  • Short marriages, even those lasting just days or months, generally do not qualify for annulment.
  • If nullity is denied, the marriage will be ended through divorce proceedings.
  • High-profile cases, such as the Kardashian marriage nullity attempt, reinforce these legal standards.

Final Thoughts

If you’re considering ending a short-term marriage and are wondering whether annulment is an option, it’s crucial to understand the legal framework around nullity. Don’t rely on misconceptions or what you see on TV. Instead, focus on the legal grounds that courts require.

For anyone facing this situation, consulting with a knowledgeable divorce attorney can help clarify your options and guide you through the process, whether that’s annulment or divorce.

Remember, the length of your marriage alone is not enough to qualify for an annulment. It’s the circumstances and legal reasons that matter.

This information comes from my experience as a divorce attorney and my ongoing work helping clients navigate their family law matters. For more detailed guidance, visit Divorce661.com.

 

How To Terminate Spousal Support On Long Term California Marriage | Los Angeles Divorce

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How To Terminate Spousal Support On Long Term California Marriage

When it comes to divorce in California, one of the more complicated issues involves terminating spousal support, especially after a long-term marriage. As someone who has helped many clients navigate this process, I want to share some crucial insights on how to properly terminate spousal support in marriages lasting over 10 years. The rules might seem straightforward at first, but they can get quite complex, so understanding the court’s jurisdiction and the necessary agreements is essential.

Understanding Long-Term Marriage and Spousal Support Jurisdiction

In California, a long-term marriage is defined as any marriage lasting more than 10 years. The key point to remember is that the court retains jurisdiction over spousal support indefinitely for these marriages. What does this mean?

  • Even if the court orders no spousal support or sets spousal support to $0, the court still holds the power to revisit the issue in the future.
  • Either spouse can return to the court at any time if there is a significant change in circumstances—such as the loss of a job, health issues, or other major life events—and request spousal support.

Because the court’s jurisdiction remains open indefinitely, many individuals don’t want to leave that door open. They prefer to close it once and for all, so the issue of spousal support cannot be revisited down the road.

How to Terminate Spousal Support on a Long-Term Marriage

Terminating spousal support in a long-term marriage is possible, but it requires a specific process:

  • Both spouses must agree to waive any future rights to spousal support.
  • This agreement is formalized through a detailed waiver, often spanning a full page, which states that neither party can ask the court for spousal support in the future under any circumstances.
  • Both spouses must sign and initial this waiver to confirm their understanding and agreement.

This agreement effectively closes the door on spousal support, and the court no longer maintains jurisdiction over it. However, it’s important to note that this termination cannot be done unilaterally or without the other party’s involvement.

Why Some Divorce Judgments Are Rejected When Trying to Terminate Support

A common issue I encounter is when individuals try to handle their divorce on their own and run into trouble terminating spousal support on long-term marriages. Here’s what typically happens:

  • They file what’s called a default judgment, where the other party (the respondent) does not participate or respond.
  • The court then rejects the judgment because California law does not allow termination of spousal support in long-term marriages without both parties agreeing.
  • Simply marking “terminate jurisdiction” on the petition is not enough if the other spouse has not agreed and signed the waiver.

In other words, the court cannot override state law and allow spousal support termination in a true default scenario without agreement.

Default vs. Hybrid Cases: The Key Difference

Many people want to save on court fees and avoid a lengthy process, which is understandable. There are two main types of cases to be aware of:

  1. True Default Case: The respondent does not participate at all. This is where the court rejects termination of spousal support on long-term marriages without agreement.
  2. Hybrid Case (Default with Agreement): The respondent does not have to file a formal response, but both parties sign an agreement—especially the waiver of spousal support rights. This satisfies the court’s requirement and allows termination of spousal support.

The hybrid approach is the best way to save money on court fees while ensuring that the termination of spousal support is legally binding. It requires cooperation from both spouses, even if the respondent doesn’t actively file paperwork.

What to Do If You Can’t Get Agreement

If you find yourself in a situation where the other party will not agree to terminate spousal support in a long-term marriage, your option is to accept that the court will reserve jurisdiction over the issue. This means:

  • The court keeps the authority to order spousal support in the future.
  • Your divorce judgment will reflect that spousal support jurisdiction is reserved and not terminated.

This may not be ideal for everyone, but it’s important to understand that California law prioritizes fairness and the ability to revisit support in the future, especially for long-term marriages.

Final Thoughts

Terminating spousal support on a long-term California marriage requires careful consideration and proper legal steps. The key takeaway is that both spouses must agree to waive future spousal support rights through a signed waiver. Attempting to terminate support unilaterally through a default judgment will almost certainly be rejected by the court.

If you’re navigating this process and want to avoid common pitfalls, consider the hybrid approach where you can save on court fees but still have both parties involved in the agreement.

For those who need assistance, scheduling a consultation with a professional experienced in California divorce law can make a significant difference in successfully finalizing your divorce and spousal support arrangements.

Remember: The court’s jurisdiction over spousal support in long-term marriages is indefinite unless both spouses explicitly agree to terminate it.

If you want to learn more or need help preparing or finishing your divorce in California, don’t hesitate to reach out to a qualified expert who can guide you through the process smoothly.

 

Reasons Why You Don’t Want To File A Summary Dissolution In California Divorce | Los Angeles Divorce

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Reasons Why You Don’t Want To File A Summary Dissolution In California Divorce

When couples in California consider ending their marriage, the summary dissolution process often appears to be an easy and quick option. However, as Tim Blankenship from Divorce661 explains, this perception can be misleading. While the courts promote summary dissolution as a simpler method with less paperwork, the reality is quite different. In this article, we’ll dive into why filing a summary dissolution may not be the best choice for your California divorce, and explore alternative approaches that could better serve your needs.

What Is a Summary Dissolution?

A summary dissolution is a type of divorce in California that is designed for couples who meet very specific qualifications. The idea is to offer a streamlined process where both spouses file a joint petition, aiming to resolve the divorce without extensive court involvement or complicated paperwork.

At first glance, this sounds ideal. The courts emphasize that summary dissolution is easier and quicker than a regular dissolution. However, there are important caveats that make this option less attractive than it seems.

The Cost Factor: Twice as Expensive

One of the biggest misconceptions is that summary dissolution is cheaper. In truth, it can be twice as expensive. Here’s why:

  • In a regular divorce case, typically only one party pays the court filing fee.
  • In a summary dissolution, since it is a joint petition, both spouses must pay the filing fee.

For example, in Los Angeles County, the filing fee for a divorce is $435. In a regular case, only one spouse pays this amount. But with a summary dissolution, each spouse pays $435, doubling the cost to $870 just in filing fees.

This increased expense is a significant consideration, especially since the summary dissolution process is marketed as a cost-saving option.

More Complicated Than You Think

Despite the promise of less paperwork, the summary dissolution process actually requires a comprehensive financial analysis and multiple forms to prove that both parties qualify. This can make the process more complicated and time-consuming than a regular dissolution.

Tim Blankenship notes from his extensive experience preparing divorce cases that summary dissolution can be more challenging because:

  • You must meet strict eligibility criteria to qualify.
  • There is a need to provide detailed financial disclosures.
  • You are essentially proving to the court that your case fits the summary dissolution requirements.

Because of these factors, the process may not be as straightforward as the courts suggest.

When Might Summary Dissolution Make Sense?

While summary dissolution is generally not recommended, there is one scenario where it could be beneficial: if both spouses qualify for a fee waiver.

A fee waiver means neither party has to pay the filing fee. In this case, the cost disadvantage disappears, making summary dissolution a potentially free option. However, this applies equally to regular dissolution cases if both parties qualify for the waiver.

Ultimately, the choice between summary dissolution and other types of divorce—like a hybrid or true default case—depends on your comfort level and specific circumstances.

Consider Alternatives: Hybrid or True Default Cases

Given the complexities and costs associated with summary dissolution, many couples are better off pursuing a hybrid or true default divorce case. These methods generally involve only one party paying the filing fee, which can reduce the overall cost.

Moreover, these cases may offer more flexibility and less stringent requirements than summary dissolution, making the divorce process smoother and more manageable.

Final Thoughts

While the idea of a quick and easy summary dissolution may be appealing, it’s important to understand the hidden costs and complexities involved. The process can be more expensive and complicated than a regular divorce, and many couples won’t even qualify.

If you’re considering divorce in California, take the time to explore all your options. Consulting with an experienced professional can help you choose the best path forward based on your unique situation.

For personalized advice and guidance on whether a hybrid, true default, or summary dissolution is right for you, feel free to reach out to Tim Blankenship at Divorce661. You can contact him directly at 661-281-0266.

 

Spousal and Child Support Modifications: Don’t File Until You Do This | Los Angeles Divorce

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Spousal and Child Support Modifications: Don’t File Until You Do This

When it comes to modifying child support or spousal support orders, many people rush to file motions without fully understanding the potential consequences. Tim Blankenship of Divorce661.com shares valuable insight on why it’s crucial to carefully evaluate your situation before taking legal action. In this article, we’ll explore the key considerations you should keep in mind before filing for a modification, how to approach the process strategically, and why running the numbers first can save you time, money, and stress.

Understanding Support Modifications

The court retains jurisdiction over child support and spousal support orders, meaning that if there is a significant change in circumstances—such as an increase or decrease in income—you can petition the court to modify the support amount. This flexibility is designed to ensure that support obligations remain fair and appropriate as financial situations evolve.

However, the decision to modify support is not as straightforward as it may seem. Whether you are the payer or the recipient, it’s essential to understand that a motion to modify can result in either an increase or a decrease in support payments, depending on the updated financial circumstances and custody arrangements.

Why You Should Run the Numbers Before Filing

One of the most common mistakes people make is filing a motion to modify support without first analyzing how the change will impact the final amount. Tim Blankenship emphasizes that in his experience, at least 50% of the time, running the calculations shows that the modification would actually result in less support or spousal payments, which is often not in the filer’s favor.

For example, a recent client wanted to modify both spousal and child support as well as address arrearages. Before filing, Tim ran the numbers using the DysoMaster calculator, which factors in each party’s income and timeshare percentages. The result? The client would have received less child support under the new circumstances. Had she filed the motion without checking, her support payments would have decreased unintentionally.

This example highlights why it’s critical to do your homework first. Modifying support without understanding the financial implications can backfire—resulting in less money than before or unexpected obligations.

How to Approach Modifications Strategically

If you are considering a modification, here are some practical steps to take:

  1. Consult a Professional Early: Before filing anything, speak with an attorney or a legal expert who can run the support calculations based on your current income, your ex-spouse’s income, and custody arrangements.
  2. Consider a Stipulation: If you and your ex-spouse are on good terms, discuss the change in circumstances with them first. Agreeing on new support terms outside of court can save time, reduce costs, and avoid the stress of litigation.
  3. Draft an Agreement: When both parties agree, a stipulation can be drafted and filed with the court for approval. This process is quicker, involves a small filing fee (typically around $20), and avoids the need for hearings or service of motions.
  4. Prepare for Court if Necessary: If an agreement can’t be reached, you can file a motion to modify support. Keep in mind that this will involve court hearings, service of documents, and a judge’s decision based on the evidence.

Tim notes that some attorneys may require expensive consultations before even reviewing your case, but a quick preliminary review of the numbers can often be done in minutes to determine if pursuing a modification makes sense.

Key Takeaways

  • Don’t file a motion to modify child or spousal support without first running the support calculations based on current financial and custody details.
  • At least half the time, a modification request may result in less support, which may not be the outcome you want.
  • If possible, try to reach an agreement with your ex-spouse and submit a stipulation to the court to avoid litigation.
  • Consult with an experienced professional who can quickly assess your situation and guide you on the best course of action.

Conclusion

Modifying child or spousal support is a significant decision that requires careful consideration and accurate calculations. Acting hastily without understanding the potential consequences can lead to unintended financial outcomes. By taking the time to run the numbers first, discussing options with your ex-spouse, and consulting a knowledgeable professional, you can make informed decisions that protect your interests.

For those thinking about support modifications, remember: the first step should always be to assess whether a change will actually benefit you. This approach saves time, money, and emotional strain in the long run.

If you want personalized assistance running the numbers or advice on support modifications, you can reach out to Tim Blankenship at Divorce661.com or call (661) 281-0266 for more information.

 

Legal Separation vs. Divorce: What’s the REAL Difference? | Los Angeles Divorce

Posted by Tim Blankenship on

 

🤔 Legal Separation vs. Divorce: What’s the REAL Difference?

When it comes to ending a marriage, many people find themselves confused about whether to pursue a legal separation or a divorce. This is a common question I hear frequently, and it’s important to understand the real differences—especially if you’re navigating the California legal system. Let me break it down clearly to help you make an informed decision.

Understanding Legal Separation and Divorce in California

First off, contrary to popular belief, legal separation and divorce are essentially the same legal process in California. The main difference lies in a checkbox on the court forms, but that’s about it. California Family Code Section 661 explicitly states that legal separation is not a separate process from divorce. In fact, you cannot have a legal separation that is independent of the divorce process.

Why Legal Separation Isn’t a Shortcut

Some people choose legal separation thinking it might be faster than going straight to divorce. Unfortunately, that’s not the case. While technically legal separation doesn’t require the mandatory six-month waiting period that divorce does, the reality is that court backlogs mean you will likely wait about six months for approval anyway.

This means that choosing legal separation to expedite the process might only save you a month at best. In most cases, it’s not worth the extra effort or cost if your ultimate goal is to get divorced.

The Hidden Costs of Legal Separation

Another important factor to consider is that once your legal separation case is approved, it’s not the end of the process if you want to get divorced later. You will have to file a new divorce case, which involves:

  • A new case number
  • Additional court fees
  • Going through the entire legal process again

This means that if you start with legal separation but plan to divorce eventually, you’re essentially doubling your time and expenses.

When Might Legal Separation Make Sense?

There are some situations where legal separation can be the right choice, such as when couples want to live separately and handle financial matters without legally ending the marriage. However, if your end goal is divorce, it’s usually more practical to proceed directly with that.

Summary: What Should You Do?

  1. Legal separation and divorce follow the same legal process in California.
  2. Legal separation is not significantly faster due to court backlog delays.
  3. If you plan to divorce eventually, starting with legal separation can increase your costs and time.
  4. Consider legal separation only if you want to remain legally married but live apart and settle financial issues.

If you’re unsure about which option is right for your situation, it’s a good idea to consult with a professional who understands California family law. Making the right choice upfront can save you time, money, and stress.

For anyone navigating this process in Los Angeles or California, knowing the facts about legal separation versus divorce is crucial. Don’t let confusion delay your next steps.

Tim Blankenship
Divorce661

Spousal Support: How Long Will You Pay If Married Less Than 10 Years? | Los Angeles Divorce

Posted by Gail Brion on

 

Spousal Support: How Long Will You Pay If Married Less Than 10 Years?

Understanding the duration of spousal support payments can be a complex and often emotional topic during divorce proceedings. If your marriage lasted less than 10 years, you might wonder how long you could be obligated to provide financial support. In this article, we break down the general guidelines regarding spousal support duration, based on insights from Tim Blankenship of Divorce661.

What Determines the Length of Spousal Support?

Spousal support, sometimes called alimony, is designed to help the lower-earning spouse maintain a reasonable standard of living after divorce. The duration of these payments often depends on the length of the marriage as well as other factors like income disparity, age, and the recipient’s ability to become self-supporting.

Key Rule for Marriages Under 10 Years

For marriages that lasted less than 10 years, a common guideline is that spousal support will typically last for about half the length of the marriage. This means if you were married for 8 years, the support might continue for approximately 4 years following the divorce.

“For marriage less than 10 years, support will last half the length of the marriage.”

This rule reflects the idea that shorter marriages usually involve less financial entanglement and dependency, so support obligations are correspondingly shorter. However, keep in mind this is a general guideline and courts can adjust the duration based on specific circumstances.

Why Does Duration Matter?

Knowing how long spousal support may last helps both parties plan for the future. It provides a framework for budgeting and financial independence. For the paying spouse, it sets expectations on how long the financial commitment will continue. For the receiving spouse, it offers a timeline to work toward self-sufficiency.

Factors That Influence Spousal Support Duration

  • Length of Marriage: As mentioned, shorter marriages typically result in shorter support duration.
  • Financial Need and Ability to Pay: Courts assess the paying spouse’s ability and the recipient’s financial needs.
  • Recipient’s Employment Potential: If the recipient can quickly re-enter the workforce or improve earning capacity, support duration might be shorter.
  • Age and Health: Older or disabled spouses may receive longer support.
  • Contributions During Marriage: Non-financial contributions, such as homemaking or child-rearing, are also considered.

Conclusion

If you were married for less than 10 years, expect that spousal support will generally last about half the length of your marriage. This guideline provides a balanced approach, recognizing the financial interdependence developed during the marriage while encouraging eventual financial independence for both parties.

Understanding these basics is crucial when navigating divorce and spousal support issues. For personalized advice, consulting with a family law professional is always recommended.

Special thanks to Tim Blankenship of Divorce661 for sharing this clear and concise rule of thumb on spousal support duration.