Los Angeles Divorce Cases Now Require 2 Years Of Tax Returns

A major part of going through divorce in California is disclosure.  The disclosure process consists of serving your spouse with information related to your income and a detailed list of all the assets and debts.

This is known as the Preliminary Declaration of Disclosure and is a mandatory step in the California divorce process.

The disclosure process for those living in Los Angeles County has recently changed.  The disclosure laws have changed and you are now required to serve the last 2 years of tax returns on your spouse when preparing your financial disclosures.  This was not necessary in the past.

There was a forms update this July and the language to the Declaration of Disclosure changed.  When you complete the Declaration Regarding Service of Disclosure and Income and Expense Declaration, there is a check box that now includes the fact that you have served on the other party all tax returns filed by the party in the two years before service of the preliminary disclosures.

In the past, the parties tax returns were not required to be served on the other party during a divorce case.  Some other counties had been doing this for a while, so I am not sure if the law was already in place and the forms were not updated yet, but there had not been any talk about it one way or the other.

Obviously, the courts are adding the tax returns to the disclosure process to make sure the parties are aware of the income each of the spouses earn.

So how does this affect divorce cases that are amicable or uncontested?  Well, not too much.  If you are going through an uncontested divorce and are trying to work things out, you won’t have a problem in this area of tax returns.  In fact, all that has to happen is that one party supplies the tax returns and then they are served on both parties.

We are a licensed and bonded legal document preparation firm that specialize in divorce in California.  Please give us a call if you would like assistance with your divorce case.

How To Serve Your California Divorce Forms | Personal Service & Mail Service

One of the biggest misunderstandings and questions I get is about how and who can serve the divorce papers if you are divorcing in California.

We will discuss the process of service in this post and have also included a video of the different types of mail service and personal service and who can serve which forms.

Watch this brief video about serving divorce papers or continue reading below.

In the video we discuss who can file your divorce forms and how to file the proof of service forms.

Remember, that the initial divorce forms (summons and petition) have to be personally served.  They have to be personally served by someone over 18 and cannot be you.

The video above will walk you through how to fill out the California divorce proof of service of summons (personal service form).

There is a way that you can mail your initial divorce forms to your spouse as well.  Again, it cannot be done by you.  So you will have to have someone mail the divorce summons and petition to your spouse.  You need to complete and include a notice of acknowledgment of receipt form FL-117.  You spouse, once received, will have to sign the form which acknowledges that they have received the divorce papers.

When they mail it back to you, you will then complete the proof of service of summons and attach the notice of acknowledgment of receipt.  Both need to be filed together with the court at the same time.  Make sure to check the appropriate boxes on the proof of service of summons.

We are a divorce legal service that specializes in the divorce process.  We are headquartered in Santa Clarita, CA and serve all the courts in Los Angeles County.  Regardless of where you live in Los Angeles, we can help you.

We have the divorce process down to a science and and help many clients who do not want to drive to our office by assisting them via phone, fax and email.

Please give us a call at 661-281-0266 and we can discuss your specific divorce case and let you know how we can help you.

How To Start The California Divorce Process | Santa Clarita Divorce

We have made several videos on how to complete your California divorce and are now making them available on our blog, divorce661.com.

The video below discusses the initial steps and divorce forms you will need to file for divorce in California.  It is a step by step guide on what the exact forms you will need to file to get your divorce case started.

We explain the divorce process exactly as we would complete it if you had our Santa Clarita Divorce Service completing your divorce for you.

We discuss how to fill out the California Divorce Petition form FL-100 and divorce Summons Form FL-110.  We will share with you the exact way to complete these forms on video.  You can literally watch as we type on the forms.  You could even follow along and complete your forms yourself if you wanted to.

We also go over some of the areas of the divorce forms where people have the most trouble and ask us the most questions about.

The video will also help you decide how to fill out the requests on page 2 of the Petition. You will notice that the forms says ” Petitioner Requests” and then starts asking about children and physical and legal custody and visitation, etc.

Now on the divorce summons, we discuss the automatic restraining orders that go into effect which are on the second page of the summons.  Make sure to read what that says.  The summons also advises the respondent that they have 30 days to respond.

Once you have watched this video on how to start the California divorce process and completed your initial divorce documents, you will need to file them with the court so your case number can be issued.

We are a licensed and bonded legal document preparation service that specializes in divorce. We are located in Santa Clarita and serve all the Courts in Los Angeles County.  Please give us a call if you would like more information about our full service divorce process.

Don’t Fall Victim To Cheap Online Divorce Document Providers | California Divorce

If you are searching for online for divorce assistance in California you will undoubtedly find many cheap and low cost services.

I want you to understand the difference between a professional document preparation service and what these online services provide so you can make a decision on which is best suited for you.

I am looking at a Google search I just did for “cheap divorce”.  What you will find is divorce document preparation companies offering services as low as $89.95 for do-it-yourself kits.  Others are selling what is referred to as “automated document assembly” where you fill out an online questionnaire which will auto populate the divorce forms.

So let’s discuss a couple of these options.

Do It Yourself Divorce Kits 

Do it yourself kits are exactly that.  You pay for them to send you the divorce forms.  You will receive a box with a lot of  forms, many that you will never need.  By the way, all the divorce forms are available at the Court House or online completely free.  There is absolutely no reason to pay for your forms, but many do all the time.

Automated Document Assembly

Automated document assembly is where you answer questions online and your answers are automatically populated into the divorce forms.  It seems like a good idea at first glance, until you realize the limitations.

Here are the problems with this type of service.

  1. There is nobody there to tell you if you are providing the correct information.
  2. The divorce forms are usually not updated to the correct version.
  3. They don’t provide you with the local forms for your County.
  4. Nobody reviews your documents.  Once you save and print, you are on your own.
  5. There is no assistance with the “process” of filing and serving your documents.

I actually purchased the licensing rights at one point to sell an automated document assembly.  I had people use it and realized immediately the pitfalls and shortcomings of the software.  These types of systems have not place in a complex process such as divorce.

Full Service Divorce Document Preparation

This is what we provide, a full service divorce document preparation service.  We are licensed and bonded legal document preparers that specialize in divorce in Los Angeles County.  We have worked for the courts and for large law firms and are familiar with the process and how to correctly complete the paperwork.

Here is what you get with our service.

  1. We complete all your documents. No Questionnaires.
  2. We file all your documents with the court.  You won’t go to court.
  3. We inform you step by step of the procedure along the way.  Trust me, you will have lots of questions.
  4. We are available by phone and email to answer all your questions.

I provided this run down of the different services because I was getting too many people calling me for help with their divorce who had already wasted their money on purchasing their forms or the automated document assembly service only to be left with nothing more than paper for their trash.

How To Dismiss Your California Divorce Case | Santa Clarita Divorce

I had two clients in the last 2 months decide they wanted to reconcile with their spouse.  This article will discuss how you go about dismissing or cancelling your California Divorce case.

The six month cooling off period in California is there for exactly this reason.  Imagine if you could divorce in one day.  How many people would have to get remarried.  People do decide to try and make their marriage work after one of the parties have filed for divorce.

Before we talk about the exact way to file for a dismissal to cancel your case, you should consider this.

If you cancel your divorce case, and later decide it is not going to work out, you will have to re-file for divorce.  This means paying the filing fee again and having to do all the paperwork again.  Essentially, you will have to start over.

One thing you may want to consider is to just let the divorce case sit with the court while you attempt to work things out.  If your spouse has been served already then it is unlikely that the courts will send you anything in the mail or request you to go to a hearing.  However, if you have not had your spouse served, you can expect that they will set a hearing to follow up on how the process is going.

If after reading this you still want to file for a dismissal of your California divorce, here is what you do.  You will need to file a form CIV-110 – Request For Dismissal.  This is a generic form that is used for many types of cases, not just divorce cases.  If you need to get a free copy of the form, simply search for “Fillable CIV-110” and you will be able to download a copy.

Here is a couple of rules to follow when filing a CIV-110 – Request For Dismissal of your family law case.

If you have filed and your spouse has not filed a response then only you (the Petitioner) need complete, sign and file the dismissal.  If your spouse has filed a Response in the family law case, they too will have to sign the consent to dismiss the case.

The reason for this is because your spouse can decide they want to continue with the divorce, even if you want to reconcile your marriage.  So you will have to get your spouses agreement to dismiss your divorce if there has been both a Petition and Response filed with the court.

Sole And Community Property Must Be Disposed Of In Divorce Judgment | Santa Clarita Divorce

This article addresses the the issue of your divorce judgment being rejected with the box marked, “All sole and community property listed in the Petition must be disposed of in the Judgment

We will discuss how to fix your divorce judgment if it has been rejected for the this reason.  We have also completed a video on how to fix your divorce judgment is it was rejected because you did all your sole and community property that was listed on the Petition was not disposed of in the divorce judgment.

When you file your divorce Petition in California there are two areas that ask you to list your property.  The first asks you to list your separate property and the second area asks you to list your community property.  You can either list the property on the divorce Petition or use one of the allowed attachments or supplement with a property declaration where you can list all your property.

Regardless how you go about listing your property, you need to make sure that you dispose of all the property in the final divorce judgment.

The issues is this.  If you list property, whether it be an asset or debt, you are telling the court that this asset or debt exists.  If you don’t tell the court who is getting the property, then this property is just left sitting there with no owner.  If the judge were to sign this judgment, it would effectively leave this asset or debt not being assigned to either the Petitioner or Respondent.

Now this may seem like a small technicality if, say for instance, the asset was small such as a bank account with $10 in it.  But what if your forgot to assign a bank account with $10,000 in it?  Now, maybe you have an agreement with your spouse regarding who is going to keep it, but if it is not listed on the judgment when the judge signs, then technically the asset or debt does not below to anybody.

To correct this issue, all you need to do is make sure all sole and community property you listed on your divorce Petition is listed on the judgment.  If you completed a marital settlement agreement, you would simply add this to the list for whom it is going to.  If you are using the judgment attachments, you would add the property to the correct property attachment indicating who is getting the asset or debt.

We are headquartered in Santa Clarita, CA and serve all the Los Angeles Area courts.  We specialize in helping people get through the divorce process.  Give us a call for more information.

California Divorce Probability Calculator | What’s Your Chances Of Getting Divorced?

I am a regular Google Plus guy and spend time on this particular social media platform to communicate and connect with other people and share ideas and information.

Today I was searching to see if anybody had written any interesting articles about divorce in the last 24 hours or so.  So I was doing a hashtag search for #divorce and came upon a very interesting article written by a Pittsburgh Divorce Attorney named Lisa Marie Vari.

The article was interesting for two reasons.  First, because it mentioned “Divorce Insurance”.  I had never heard of that so wanted to learn more.  You can read the entire article about divorce insurance here.  But I was more interested in the discussion about a Divorce Probability Calculator.

So I went to check out this divorce probability calculator to see what it was all about.  This divorce calculator is not just for California.   This was just my little local search tactic.

So here is what I learned about the divorce probability calculator.  Their website says the formula was based on information gathered in face-to-face interviews with 10,847 women ages 15-44 in 1995 and 12,571 men and women aged 15-44 in 2002 and was conducted by the U.S. Department of Health and Human Services for Disease Control and Prevention.

The calculator says they are correct with only a 13% margin of error.

I thought it would be interesting to take the test and see what kind of questions they were asking.  There were approximately 20 questions.  The initial questions had to do with if you a man or woman, age, race, if you have been married before, education level, employment status and income level, etc.  Essentially establishing a base.  Then the questions asked if you drink alcohol, have arguments with your wife, had children before marriage or shortly after getting married, if your parents were divorced, history of mental illness and so on.

So I went all the way through the divorce probability calculator and it gives you a score.  But the only way to know what your score means is to enter your email address.

As you go through the divorce probability calculator, you can see, based on the questions asked, who the more likely candidates for divorce are.  If anything, it was interesting.  Not sure what the plan is of the company for asking for your email address though.  Could be a lead generation source for them i suppose.  Why else would folks be on the site?

We are a licensed and bonded legal document preparation firm that specializes in divorce.  We are headquartered in Santa Clarita, CA and serve all the courts of Los Angeles and California.

How Long Do I Have To Serve Divorce Papers In Los Angeles

I get asked quite a bit, how long does someone have to serve divorce papers in Los Angeles after you have filed them? Is there a time limit by which you have to serve the papers?

The reason this is important to know is because you don't want the court dismissing the divorce case causing you to refile and to pay the filing fee again.

I did some research on the time limits regarding serving your divorce papers and this is what I found.

I found that there is no real time limit to serve your divorce papers. Some attorneys have said that in California the time frame is anywhere between 2 to 3 years and if nothing is done within 5 years the court will automatically dismiss the case.

But there is one thing to watch out for that we are seeing in the Los Angeles divorce courts. We have had a few clients who have filed for divorce then decided to wait for whatever reason. Perhaps they were not 100% sure or wanted the holidays to pass, etc.

What has happened is the courts are setting Case Management Conferences for those who have not served the divorce papers within 3 to 4 months. The case management conferences are nothing to be concerned with as the court just wants to see what is going on.

The letter you receive in the mail may even go as far as to say that you need to appear at the case management conference or risk having your case dismissed. They may even state that you need to have you divorce papers served prior to attending the case management conference.

It is important to keep in mind that if you file for divorce and then don't serve them on your spouse for whatever reason that the court may send a letter in the mail. If you have not served your spouse, you probably have not told them you filed for divorce.

Imagine your spouse finding out you filed for divorce 3 months ago and the reason you did not serve them was because things had taken a turn for the better. Now what if your spouse opens this letter from the court? You will probably have a lot of explaining to do.

California Hybrid Divorce Judgment Checklist

The last thing you will do in your divorce when representing yourself is to prepare the divorce judgment forms.  Which divorce judgment forms you submit will vary depending on what transpired up to this point.  Meaning whether your spouse filed a response and whether there is an agreement.

In this post we are talking about the California Hybrid Divorce Judgment and providing you with a PDF Checklist the Courts use to make sure you have included all the proper forms.

The Hybrid divorce judgment checklist will be used when you have filed a Petition, the case is proceeding by default, and the parties have a written agreement.  Yes, it is possible for you to have a written agreement even if your spouse has not filed a response.  It is called a hybrid because it is a cross between a true default case (where there is no response and no agreement) and an uncontested case (where a response was filed and there is an agreement)

Depending on the type of divorce judgement you submitting the judgment forms required to ensure your divorce is not rejected are all different.  We have several videos covering the various ways and different forms necessary to file your divorce depending on the circumstances.

If you want to download the PDF attachment you can click on this link “Hybrid Dissolution Judgment Checklist California Divorce“.  We recommend that you print it out and use it as a checklist both to ensure you have all the necessary documents, but it also lets the court know what kind of divorce judgment you are filing and will help in getting it approved and not rejected.

We are licensed and bonded legal document preparation firm specializing in divorce.  We are headquartered in Santa Clarita, California and can assist you with you divorce anywhere in California.

California Uncontested Divorce Form Judgment Checklist – Santa Clarita Divorce

We have put together a comprehensive video on what documents you need in order to properly submit your California Uncontested Divorce Forms.

We are also including a link at the bottom of the post so you can actually print out and attach the uncontested divorce judgment checklist which is a good practice.  This is a good practice for two reasons.  First, you can check off the forms as you go when compiling the divorce judgment.  Second, it lets the court know what kind of divorce judgment you are submitting so they understand why you have submitted the documents you have submitted.

We have prepared a separate video and blog post for each of the different types of California divorce judgments you may have.  The California Uncontested Divorce judgment checklist will be used under the following circumstances. A Petition was filed, a Response was filed, and the parties have a written agreement.

Yes, it is still considered uncontested, even if your spouse filed a response.  To use this type of judgment, you have to comply with the specific rules prior to submitting the judgment.  Make sure you have filed the proof of service of summons, because you will have to submit that with the judgment as proof.  In addition, make sure both of you have served your Preliminary Declaration of Disclosure (PDD’s) and filed the FL-141 (Declaration Regarding Service Of Preliminary Declaration Of Disclosure) and also submit a filed copy along with your judgment paperwork.

Use this link to download a copy of the Uncontested Dissolution Judgment Checklist For California.

Make sure to print it out, write your name at the top and check off the documents as you go.  Don’t forget to follow all the instructions as far as submitting it with paid postage and making three copies of everything.

We are a licensed and bonded legal document preparation firm that specializes in divorce.  We are headquartered in Santa Clarita, California and serve all the courts.  Give us a call for more information.