Filing for Divorce in Riverside: Do’s and Don’ts | Riverside Divorce

 

Filing for Divorce in Riverside: Do’s and Don’ts

I’m Tim Blankenship of Divorce661. If you’re filing for divorce in Riverside County, there are a few critical do’s and don’ts that will save you time, money, and frustration. Over the years I’ve seen cases move smoothly when people follow the basics — and get delayed for months when they don’t. Below is a practical guide to help you get it done right the first time.

Why getting the basics right matters

Filing for divorce involves more than dropping paperwork at the courthouse. Small omissions or incorrect service can lead to rejected judgments, repeated filings, and long waits. In one recent Riverside case we handled, a client’s judgment was rejected twice because of incomplete financial disclosures and errors in their agreement. We corrected everything and the case was finalized within weeks. That turnaround is possible when the initial filing is done correctly.

Do: File through Riverside’s eFile system

Use Riverside’s eFile system. Electronic filing is faster, reduces unnecessary trips to court, and minimizes chances of lost or delayed filings. When you eFile, make sure the key documents are filled out completely and accurately:

  • Petition (the initial court filing)
  • Summons
  • UCCJEA form (if the case involves children) — note: this is sometimes mis-typed; it refers to the child custody jurisdiction form

Do: Serve your spouse correctly and file proof of service

Proper service is essential to move the case forward. There are two common routes:

  • Cooperative spouse: If your spouse agrees to accept service, a Notice of Acknowledgement and Receipt by Mail is an efficient option.
  • Uncooperative spouse: If they won’t cooperate, personal service (having a third party personally deliver the documents) is required.

Always file the proof of service with the court. Missing or improper service will delay the case or cause additional hearings.

Don’t: Skip financial disclosures

Both parties are required to exchange financial information even in uncontested cases. The court expects:

  • A Schedule of Assets and Debts
  • An Income and Expense Declaration

Failing to submit these documents will typically result in your judgment being rejected. That’s one of the most common reasons final paperwork gets sent back.

Don’t: Rely on cheap online form sites

Many people try low-cost automated form services to save money. In practice, those services are the #1 source of rejected filings we see. Forms from those sites are often incomplete or contain errors that only become apparent when the court reviews them.

“Don’t rely on cheap online form sites. Most rejections we see come from people who use these services and didn’t realize what was missing.”

Investing in properly prepared documents — or having someone experienced review them — usually pays for itself in saved time and avoided re-filing fees.

Common mistakes to avoid

  • Submitting incomplete petitions or unchecked fields on the summons
  • Forgetting to include the UCCJEA when children are involved
  • Failing to file proof of service or using the wrong type of service
  • Skipping the Schedule of Assets and Debts or the Income and Expense Declaration
  • Relying solely on automated form-fillers without review

How Divorce661 helps

At Divorce661 we specialize in flat-fee divorce services for Riverside County. We handle the entire process so your case doesn’t get stuck: filing through eFile, arranging proper service, preparing and exchanging financial disclosures, drafting agreements, and preparing the final judgment. Our goal is to get your divorce done right the first time.

“We handle everything — filing, service, disclosures, agreements, and final judgment accurately and efficiently so your case doesn’t get stuck.”

Quick checklist before you file

  1. Use Riverside’s eFile system for your initial filing.
  2. Complete the petition, summons, and any required child custody jurisdiction form (UCCJEA).
  3. Decide how your spouse will be served — notice of acknowledgement by mail if cooperative, personal service if not.
  4. Prepare and exchange the Schedule of Assets and Debts and the Income and Expense Declaration.
  5. Have all forms reviewed to avoid common errors from automated form sites.

Next steps

If you’re ready to get your divorce done right, schedule a free consultation with us at Divorce661. We’ll walk you through the checklist, make sure your paperwork is complete, and handle the filings so you avoid costly mistakes and delays. Visit divorce661.com to learn more or to book your free consultation.

Conclusion

Filing for divorce in Riverside County doesn’t have to be a drawn-out process. Follow the do’s and avoid the don’ts above: eFile correctly, serve properly, and don’t skip financial disclosures. Taking those steps at the outset will save you time, reduce stress, and help you reach a final judgment without unnecessary setbacks.

Filing for Divorce in Riverside: Do’s and Don’ts | Riverside Divorce

 

Filing for Divorce in Riverside: Do’s and Don’ts

I’m Tim Blankenship of Divorce661. If you’re filing for divorce in Riverside County, this guide walks you through the fastest, most reliable way to get your case filed and finalized without unnecessary delays. In this post I cover the essential documents, how to serve your spouse correctly, the non-negotiable financial disclosures, why cheap online forms can cost you time and money, and how professional help can make the whole process smooth and stress-free.

Why use Riverside’s eFile system

Riverside’s eFile system is the quickest way to start your divorce. Filing electronically speeds up processing, reduces trips to the courthouse, and helps ensure your documents reach the right clerk the first time. If your petition and accompanying forms are complete and accurate, eFiling can make the entire process much faster.

Key documents you must get right

Accuracy on these initial documents prevents headaches later. Make sure each is completed carefully before you file:

  • Petition — the document that starts the case and outlines the basic requests.
  • Summons — notifies your spouse of the case and any temporary orders or restrictions.
  • UCCJEA — (Uniform Child Custody Jurisdiction and Enforcement Act) if children are involved. This form tells the court where the children have lived and is crucial for jurisdiction and custody matters.

Missing or incorrect information on any of these can delay your case or lead to rejections when you seek to finalize your judgment.

How to serve your spouse: cooperative vs uncooperative

Proper service is a critical step. There are two common scenarios:

  • Cooperative spouse: If your spouse is willing to accept service, use a Notice of Acknowledgement and Receipt by Mail. This method is straightforward, keeps the process amicable, and avoids extra costs.
  • Uncooperative spouse: If your spouse refuses or is evasive, you must use personal service. Personal service must be documented with a properly filed proof of service. Without that proof, the court may not proceed and your case could be delayed.

Financial disclosures are non-negotiable

California requires full financial transparency during divorce. Two forms you cannot skip are:

  • Schedule of Assets and Debts — lists all community and separate property, accounts, vehicles, debts, retirement, etc.
  • Income and Expense Declaration — shows current income, expenses, and helps the court determine support and division issues.

If you fail to submit these, or submit them incorrectly, judges can reject your request for a judgment. Even seemingly simple cases can be held up without proper disclosures.

Why cheap online form sites often fail

It’s tempting to save money using low-cost online form services. Unfortunately, many of these sites only produce forms without ensuring they follow local court rules, include all necessary supporting documents, or supply properly completed declarations and proofs of service.

Consequences include:

  • Rejected filings or judgments
  • Multiple re-submissions and wasted time
  • Potentially higher overall cost when you eventually need professional correction

Real client example

One client came to us after their judgment was rejected twice. They used a cheap online preparation service that missed critical steps and paperwork. We corrected the errors, refiled properly, and had their case finalized within weeks. The lesson: the small initial savings were dwarfed by the stress and delay that followed.

How Divorce661 helps

At Divorce661 we aim to eliminate those pitfalls with a full-service, flat-fee approach:

  • Flat-fee pricing — no surprise costs.
  • 100% remote service — we handle everything from start to finish online.
  • Expert knowledge of Riverside County requirements — we prepare court-compliant documents the first time.
  • Fast, accurate filings and follow-through to final judgment.

If you want a risk-free consultation, visit Divorce661.com and schedule a free consultation. We’ll review your situation and explain the next steps so nothing gets missed.

Conclusion

Filing for divorce in Riverside doesn’t have to be complicated if you prepare correctly. Use the eFile system, make sure your petition, summons, and UCCJEA (if applicable) are complete, serve your spouse properly with the correct proof, and don’t skip financial disclosures. Avoid low-cost form sites that leave out critical steps — professional help can save you time, money, and frustration.

Need help getting it right? Visit Divorce661.com for a free consultation and let us handle the paperwork and filing so you can move forward with confidence.

How to Prepare for Divorce If You’re the One Filing: A Step-by-Step Guide | Los Angeles Divorce

 

How to Prepare for Divorce If You’re the One Filing: A Step-by-Step Guide

Deciding to file for divorce is one of the most significant and life-altering decisions you can make. It’s a process filled with emotional, legal, and financial complexities that can quickly become overwhelming if you’re not properly prepared. Whether you’re seeking a quick and amicable resolution or trying to navigate a more complicated situation, preparation is absolutely key to reducing stress, avoiding delays, and minimizing unnecessary costs.

In this comprehensive guide, inspired by insights from Tim Blankenship of Divorce661, we’ll walk you through the essential steps to prepare for divorce if you’re the one filing. From setting clear goals to understanding legal procedures and gathering the right documents, this article will equip you with the knowledge to start your divorce process with confidence and clarity.

Why Preparation Matters When Filing for Divorce

Imagine a client who was ready to file but was missing critical documents and didn’t have a clear plan. Without proper preparation, they faced multiple hurdles, delays, and additional stress. However, with expert guidance, they were able to get organized, meet deadlines, serve their spouse correctly, and move forward efficiently.

This story highlights a universal truth: preparation determines the pace and outcome of your divorce. Being organized and informed can transform a confusing and painful process into a manageable and even amicable transition.

Step 1: Determine Your Divorce Goals Early

Before you file, take time to reflect on what you want to achieve through your divorce. This might sound straightforward, but it’s a crucial step many overlook. Your goals will shape the entire process and influence your decisions.

  • Do you want a quick, amicable resolution? If so, having agreements in place on key issues like property division, child custody, and support can streamline the process significantly.
  • Are you prepared for a contested divorce? If not, preparing for negotiations and potential court hearings will be necessary.

Having a clear vision of your desired outcome allows you to navigate the complexities of divorce with confidence. It reduces uncertainty and empowers you to make informed decisions that align with your long-term well-being.

How Defining Your Goals Helps

  • Focus: Knowing what you want helps you stay on track and avoid distractions.
  • Efficiency: Clear goals enable your attorney or divorce service to customize the process to meet your needs.
  • Reduced Conflict: When both parties understand the goals, it can facilitate cooperation and reduce hostility.

Step 2: Collect All Necessary Financial Documents

Divorce proceedings require full financial disclosure from both parties. Gathering the right documentation ahead of time can prevent delays and disputes later on.

Here’s a checklist of essential financial documents you should start collecting:

  • Tax returns (at least the last two years)
  • Recent pay stubs or proof of income
  • Bank statements for all accounts
  • Investment account statements
  • Retirement account information (401(k), IRAs, pensions)
  • Mortgage statements and property deeds
  • Credit card statements and debts
  • Loan documents and liabilities
  • Insurance policies (life, health, auto, home)
  • Any other financial assets or liabilities

Being organized with your paperwork not only keeps you ahead of court deadlines but also minimizes stress. It helps your legal team prepare accurate disclosures and supports any claims for support or asset division.

Why Financial Transparency Is Crucial

Courts require full disclosure to ensure a fair settlement. Missing or incomplete documents can lead to complications, legal challenges, or even sanctions. By being proactive, you protect your interests and demonstrate good faith in the process.

Step 3: Understand the Legal Requirements for Serving Divorce Papers

Serving divorce papers is a legal step that formally notifies your spouse about the filing. It must be done correctly to avoid any procedural issues that could delay your case.

In California, for example, you cannot serve the papers yourself. The law requires that someone else, who is at least 18 years old and not involved in the case, deliver the documents to your spouse. This could be a professional process server, a friend, or a relative who meets the criteria.

Why Proper Service Is Important

  • Legal Compliance: Incorrect service can invalidate the filing and cause costly delays.
  • Proof of Service: You need documented evidence that your spouse was served properly, which is filed with the court.
  • Avoiding Conflicts: Proper service ensures the process is transparent and fair, reducing grounds for disputes.

Planning for service ahead of time allows you to schedule this step smoothly and keep your case on track.

Step 4: Stay Ahead of Deadlines and Court Requirements

Divorce cases involve strict timelines for filing documents, disclosures, and court appearances. Missing deadlines can cause delays, additional costs, or even jeopardize your case.

To stay ahead, consider these tips:

  • Create a timeline: Map out all known deadlines and court dates.
  • Set reminders: Use calendars, apps, or legal support services to alert you of upcoming tasks.
  • Work with professionals: Services like Divorce661 help manage paperwork, e-filing, and procedural steps so you don’t have to guess what comes next.

Being proactive about deadlines reduces stress and ensures your divorce moves forward efficiently.

How Divorce661 Can Help You File with Confidence

Filing for divorce doesn’t have to be a lonely or confusing journey. Divorce661 offers a full-service divorce solution tailored to amicable couples across California. Here’s how they make the process easier:

  • Flat-Fee Divorce: No hourly charges mean you know your costs upfront.
  • Comprehensive Service: They handle the paperwork, e-filing, and service of papers from start to finish.
  • Step-by-Step Guidance: You receive clear instructions and support at every stage.
  • 100% Remote Support: Manage your divorce from the comfort of your home, no matter where you are in California.

With Divorce661, many clients who initially felt overwhelmed have successfully filed their divorce quickly and with minimal stress. The key was getting organized, understanding the process, and having expert assistance to navigate the legal requirements.

Final Thoughts: Preparing for Divorce Starts with a Plan

Filing for divorce is undoubtedly challenging, but the right preparation can make a world of difference. By determining your goals early, collecting all necessary financial documents, understanding the legal requirements for serving papers, and staying on top of deadlines, you position yourself for a smoother and more efficient process.

Remember, you don’t have to do it alone. Professional services like Divorce661 specialize in helping people just like you file for divorce the right way—saving time, reducing stress, and avoiding costly mistakes.

If you’re ready to take the first step toward a fresh start, visit Divorce661.com for a free consultation and expert guidance every step of the way.

Additional Resources

“Without preparation, you risk delays, stress, and unnecessary costs. A clear vision of your desired outcome is crucial. It allows you to navigate the complexities of divorce with confidence and clarity, ensuring a smoother transition for everyone involved.” — Tim Blankenship, Divorce661

 

What Happens If You File for Divorce First? | Los Angeles Divorce

 

What Happens If You File for Divorce First?

Deciding to file for divorce can be a daunting prospect, and many people wonder if filing first gives them an advantage. In reality, the answer may not be as straightforward as you think. Let’s explore what it means to file for divorce first, the potential advantages and disadvantages, and the steps that follow.

Understanding the Filing Process

When you choose to file for divorce first, you become the Petitioner, while your spouse is designated as the Respondent. This designation comes with specific responsibilities and rights, and understanding them is key to navigating the process smoothly.

  • Control Over Timing and Location: As the Petitioner, you have the power to decide when and where to file your divorce case. This can be crucial if you have concerns about the court’s location or timing.
  • Initial Court Filing Fee: You will be responsible for paying the court filing fee, which typically ranges from $435 to $500, depending on your county.
  • Serving Divorce Papers: Once you file, you must serve your spouse with the divorce papers, officially notifying them about the proceedings.

Does Filing First Provide an Advantage?

Many believe that filing first gives you control over the divorce process, but in most amicable situations, the difference may be minimal. However, there are scenarios where filing first can be beneficial:

  • Different Counties: If you and your spouse live in different counties, filing first allows you to choose the court in which your case will be heard. This can have a significant impact on the proceedings.
  • Preventing Hidden Assets: Filing first can initiate financial disclosures earlier, which helps in preventing your spouse from hiding assets.
  • Anticipating Disagreements: In rare cases where disputes are expected, being the Petitioner allows you to present your case first in court.

However, it’s essential to note that in most uncontested divorces, the order of filing does not significantly influence the outcome.

What Happens After You File for Divorce?

Once you have filed for divorce, several critical steps follow:

  1. Serve Your Spouse: After filing, you must serve your spouse with the divorce papers. They have 30 days to respond, although a response is not required in uncontested cases.
  2. Exchange Financial Disclosures: Both parties must exchange financial disclosures, which include listing assets, debts, and income. Common forms used are FL-150 and FL-160.
  3. Sign a Settlement Agreement: If both spouses reach an agreement, they can sign a settlement agreement, which eliminates the need for a court battle.
  4. Submit Final Judgment: After a waiting period of six months, you can submit the final judgment for court approval, finalizing the divorce.

A Real Client Story

To illustrate the importance of getting the filing process right, consider this real client story. A recent client attempted to file for divorce on their own. However, their paperwork was rejected not once, but twice due to errors. After seeking assistance, we corrected the mistakes, refiled everything, and managed to get their divorce finalized without further delays. This underscores the importance of proper filing and the potential pitfalls of attempting to navigate the process alone.

How Divorce661.com Makes Filing for Divorce Easy & Stress-Free

At Divorce661.com, we understand that the divorce process can be overwhelming. That’s why we offer a range of services to ensure everything is handled correctly:

  • Correct Preparation and Filing: We prepare and file your divorce petition accurately, minimizing the risk of rejections.
  • Service of Process: We handle the service of process for you, ensuring that your spouse is properly notified.
  • Financial Disclosures: We assist in completing financial disclosures accurately to avoid complications.
  • Fast Approval of Final Judgment: We submit your final judgment package for quick approval, aiming to finalize your divorce as soon as possible.

Thinking About Filing for Divorce First?

If you’re contemplating filing for divorce first, it’s essential to ensure that it’s done correctly. We invite you to contact Divorce661.com for a free consultation. Our experienced team is ready to help guide you through the process, ensuring that you don’t face unnecessary hurdles.

Conclusion

Filing for divorce first may offer some strategic advantages, but it’s not the end-all, be-all solution for controlling the process. Understanding your role as the Petitioner and the steps that follow is crucial for a smooth divorce experience. Whether you choose to file first or not, having the right support can make all the difference in achieving a favorable outcome.

For any questions or concerns about your divorce, feel free to drop a comment below. We’re here to help you navigate this challenging time with clarity and support.

 

How Long Do You Have To Be Married To Get Spouses Social Security

How Long Do You Have To Be Married To Get Spouses Social Security

Tim: Now there are some requirements as far as length of marriage, is that correct? Can you give us some details on that?

Janelle: Yes. You have to be married at least ten years to be able to claim this in both situations.

So if you’re close to the ten year point, you might want to delay a little bit just to give yourself the option as being able to claim that their benefits as well.

Tim: So with these ten years rules, ten years in a day and this is applicable to them?

Janelle: Yes.

Tim: Okay.

Janelle: Uh-huh.

Tim: So it’s definitely something they’ll want to consider when going through divorce if you’re over ten years to see how that place out.

Can you get copies from the state as far as your disability payments will they give you?

Janelle: For this Social Security go to the Social Security website

Tim: For Social Security. Uh-huh.

Janelle: So they’ll go in the website and you can get a copy of yours and your spouse’s benefits, and so they’re going to be—

Tim: You can. This is as simple as going online?

Janelle: Yeah you have to create an account for yourself but yeah you can go online.

Tim: Okay.

Janelle: or else call the Social Security Department but it’s easier to usually go online.

Tim: Got yeah. Okay.

 

How Social Security Spousal Benefits Work During California Divorce

How Social Security Spousal Benefits Work During California Divorce

Tim:  Okay so let’s talk about a Social Security Benefits specifically there are two types of benefits, right?  There are Spousal Benefits and then there’s Survivor Benefits, is that correct?

Janelle: Correct. So you get these Spousal benefits if your divorced spouse is still alive. And then the Divorce Survivor Benefits are if they have passed away. So they’re a little bit different.

Tim: Okay, let’s tackle this into a chance here. Let’s first talk about a Divorce Spousal Benefits. So this is both parties are still living.

Janelle: Right.

Tim: Let’s talk about some of the like rules and requirements.

Janelle: Okay. Well the earliest you can receive the benefits is if you’re a 62 years old. You wait ‘til your full retirement age which depends varying on when you’re born.

So yeah, if you have any questions you can give me a call on what exactly your full retirement age is.   But then you are entitled to a 100% of your benefits or 50% of your divorce spouse benefits.

Tim: Okay, and I’d ask you some specific questions off camera, what would make—why would one want 50% of the other spouse’s or of their spouse’s versus 100% of their own.

Janelle: On some cases the divorce spouse was making a lot more money and has a higher Social Security Benefit than you’re going to have, so, you want to look at that if for some reason maybe they’re making $2000 and you’re only making $500, you’re entitled to half their benefits which will be a $1000 a month instead of the 500.

So it’s a case by case. You want to go in and get statements for both of your Social Security Benefits and determine which one would be better for you.

Tim: Okay, and so particularly if you have a family where a husband perhaps worked and maybe the wife took care of the kids there’ll be a scenario where this would you know could possibly be a factor.

They’d want to take a look at this.

Janelle: Definitely or if the husband made a lot more money and then the wife did or she had a lower paying job as well.

Tim: Okay. Now there are some requirements as far as length of marriage, is that correct? Can you give us some detail on that?

Janelle: Yes. You have to be married at least 10 years to be able to claim this in both situations.

So if you’re close to the 10 year point you might want to delay a little bit just to give yourself the option of just being able to claim that their benefit as well.

Tim: So with this 10 year rules 10 year in a day and this is applicable to them?

Janelle: Yes.

Tim: Okay. So it’s definitely something they want to consider when going through a divorce if you’re over 10 years to see how that place out.

Can you get copies from the State as far as your disability payments will they give you?

Janelle: For the Social Security go in the Social Security website.

Tim:  Social Security– uh-huh…

Janelle: So they’ll go on the website and you can get a copy of yours and your spouse’s benefits.

Tim: You can?

Janelle: And so they’re going to be –

Tim: It’s as simple as going online?

Janelle: Yeah you have to create an account for yourself but yeah you can go online.

Tim: Okay.

Janelle: Or else call the Social Security Department but it’s easier usually to go online.

Tim: Got you! Okay.

How Does Remarriage Affect Social Security Benefits After Divorce

How Does Remarriage Affect Social Security Benefits After Divorce

Tim: I just want to touch on one topic if you’re going to claim the divorce spousal benefits what is the rule in regards to being getting remarried, you would loose it if you get remarried? Am I reading that correctly?

Janelle: Yes. If you remarried you can’t get this unless your second marriage ends into divorce. If your second marriage ends then if it was longer than ten years then you have a choice of whose you want to claim. You can claim either spouse.

Tim: So oh interesting! So I–you get divorced you’re collecting let’s say and you remarried that would terminate the collection of Social Security from the prior marriage?

Janelle: Yes, it would.

Tim: Okay. And then if they divorced again then they have—well they have to be married for at least another ten years?

Janelle: Right and then makes the action and if they do get divorced before ten years they can claim the first spouse’s social security.

Tim: They go back or either back and claim it.

Janelle: Right.

Tim: Okay.

Getting A Divorce | Review Your Finances Using The Financial Divorce Checklist

Getting A Divorce | Review Your Finances Using The Financial Divorce Checklist

Tim: So you with Edward Jones you’ve come up with a divorce checklist and I liked it the check boxes and all that.

You’re suggesting that you know of course this is a good time to do a lot of things, the Auto Insurance, Life Insurance, Financial Planning and so forth.

This is the time where you need to sit down regardless of what’s into this divorce you’re on if you’re the working spouse or not the working spouse to do a financial review and that’s a service that you offer for Edward Jones, is that correct?

Janelle: Yes, that’s correct.

Tim: Okay, let’s talk about a little bit about that. I don’t know if you want to talk about the checklist first, you want to talk about just the financial review in general?

Janelle: Oh well, let’s talk about the checklist.

Tim: Okay.

Janelle: Because it leads into that the financial review.

Tim: Perfect!

Janelle: So this is a checklist that we put together just with the basics. It’s a difficult time. It’s easy since there’s so much paper work in everything to think about.

It will help you go through and take a look at the different things you need to think about.

Some of the big ones on here are making sure that you change your beneficiaries on your Life Insurance.

If you have an IRA that you’re going to keep and it’s not going to be divided you want to make sure that, that beneficiaries changed as well.

You don’t want something to happen to you and the money going to the wrong spouse.

Tim: Okay.

Janelle: I’m also in here talking about, you know, setting up trust and living will, [durable 2:26] powers of attorney.

Tim: Uh-huh…

Janelle: All these and the things that go along with that as well.

 

Free Divorce Financial Review With Janelle Percy At Edward Jones

Free Divorce Financial Review With Janelle Percy At Edward Jones

Tim: Why don’t you let people know how they can get a hold of you?

Janelle: Yes, my office is in Stevenson Ranch of the Old Road and you can get a hold of me at 661-799-2789.

Tim: And give Janelle a call and she will provide a free financial review. We’re also going to be recommending Janelle to all of our clients going through the Divorce process with us. It doesn’t hurt whether you’re going through divorce or not, it’s probably once a year—

Janelle: Exactly!

Tim: …you could sit down and do something like this and this is a major life turning or life changing event rather and you know you’re going to be dealing with finances and the kids and all these other stuff you don’t enjoy, so, mind as well take this time to sit down with Janelle and do a financial view and review at the same time I don’t see why any of our clients would turn this down.

Janelle: No, exactly.

Tim: I think it’s a great service you provide. And you know people would say to me thank you for serving and same to you thank you for serving and I don’t ever know how to respond to that.

Janelle: I know.

Tim: It’s like yeah okay thanks you know this is what we did.

Janelle: Exactly!

Tim: So but anyways thanks for coming and please give Janelle a call if you would like your free financial review or talk about life insurance or if you have questions about the Social Security that we discussed in these videos. Other than that thanks for tuning in and we’ll talk to you soon.

Claiming Your Spouses Social Security Does Not Reduce Amount Earned By Spouse

Claiming Your Spouses Social Security Does Not Reduce Amount Earned By Spouse

Tim: I just want to touch on one topic if you’re going to claim the divorce spousal benefits what is the rule in regards to being getting remarried, you would loose it if you get remarried? Am I reading that correctly?

Janelle: Yes. If you remarried you can’t get this unless your second marriage ends in the divorce. If your second marriage ends then if it was longer than ten years then you have a choice of whose you want to claim. You can claim either spouse.

Tim: So oh interesting! So I–you get divorced you’re collecting let’s say and you remarried that would terminate the collection of Social Security from the prior marriage?

Janelle: Yes, it would.

Tim: Okay. And then if they divorced again then they have—well they have to be married for at least another ten years?

Janelle: Right and then makes the action and if they do get divorced before ten years they can claim the first spouse’s social security.

Tim: They go back or either back and claim it.

Janelle: Right.

Tim: Okay. So and spouse say I hope they get remarried. It’s not an end all to the Social Security. They could come back if the first or second marriage doesn’t work out either.

Janelle: Right and the Social Security really doesn’t really affects the spouse, it’s the government paying it. It’s not detrimental, you’re not taking away any of either spouses social security benefits. It’s the government that’s making it—

Tim: Oh! It’s not deducted from the spouse?

Janelle: No. The government is taking it so it’s not like your– if you have yours and you get divorced and now your spouse is claiming yours it’s not you we cannot reduce yours at all. So—

Tim: So there’s no detriment to the other party to do this?

Janelle: No, there’s not.

Tim: So they should certainly look at this?

Janelle: Right.

Tim: …when going through a divorce it’s not going to harm the other party at all.

Janelle: No it’s not going to harm them. It’s just a government benefit.

Tim: We’ve had clients say ‘I have to keep all of my Social Security benefits.’ like they said that to us but had they not said that it’s not going to impact them negatively–and the only way is?

Janelle: And the only way that it could possibly is if in the Divorce Decree it’s stated that if the spouse gets a $1000 they have to pay the other spouse some portion of that.

Tim: Like a percentage?

Janelle: Right. And that would just be in the Decree if you’re saying you know spousal support you’re going to collect some of the Social Security. If you’re just filing for the government it doesn’t affect anyone’s.