How To Divorce Without Spouse Agreement | Santa Clarita

Posted by Tim Blankenship on

How To Divorce Without Spouse Agreement | Santa Clarita

I had just prepare the below video and had uploaded it to YouTube when I received a call asking the exact same question I has just answered on video.  The question, or should I say it was more of a statement was ” My spouse said she is not going to fill anything out and won’t give me a divorce”.

Watch the below video for how you can handle this type of divorce scenario.

As stated in the video, the Court’s have a process where you can get through the divorce process even if your spouse is not going to cooperate or participate in the divorce.  There is nothing that your spouse can do to prevent you from getting a divorce and you don’t need their agreement either.

The Courts have a process known as a default.  The default means that the other party did not prepare a response in the allotted time and you are moving forward with the divorce case.  There are certain forms you need to prepare when filing a default judgement which vary slightly from other types of divorce judgments.

What you should take from this is that whether or not your spouse want’s to “give” you a divorce is not up to them.  It only takes one to file for divorce.

Default judgments happen often and are sometimes used intentionally to save on the costs of filing a Response to the divorce.  For instance you can file a Hybrid Divorce Judgment wherein on party does not respond, but you can still enter into an agreement.

How you proceed in your divorce will ultimately depend upon what the other party does.

For more information about the divorce process or to learn more about our affordable divorce document preparation service, please give us a call.

Experience Counts When Going Through Divorce | Santa Clarita

Posted by Tim Blankenship on

Experience Counts When Going Through Divorce | Santa Clarita

The divorce process is complex, the paperwork can be confusing and court procedure is always changing.  That is why it is important to work with an experienced divorce service when you decide you want an affordable divorce solution.

We recognize that we are not the only company you can turn to, to get a divorce.  However, we are the only licensed and bonded legal document service that specializes only on divorce.

Hopefully, you are only going to go through divorce once.  Do it right and use an experienced professional that can get you through the divorce process right, the first time.

Did you know that these franchise type legal service companies are not licensed and bonded legal document assistants?  The franchise they own or work at is a legal document preparation company, but the actual person helping you is not.

We feel we are your best choice when it comes to choosing an affordable divorce document preparation service for your divorce.

What are you going to do when you run into a little bit of trouble with your divorce.  These franchise legal service companies won’t be able to help you.  They just don’t know how the procedure works at the divorce court.

However, when you work with us, that is not a problem.  We have worked at the self help clinics, completed internships with the Superior Courts family law division and worked for local area family law firms.  When it comes to experience in the divorce process, you won’t find another company with more experience.

Please give us a call for more information about our divorce legal services. We serve all the courts in Los Angeles and provide a 100% online divorce solution.  You will never have to step foot into our office.  We look forward to speaking with you.

What Is A Mediated Divorce | Santa Clarita Divorce

Posted by Tim Blankenship on

What Is A Mediated Divorce | Santa Clarita Divorce

A divorce mediator is a neutral third party who sits down with the divorcing couple together to try and help you resolve some or all of the issues of your divorce.

It is not up to the mediator to make any decisions for you, rather they simply mediate by keeping the communication lines open between you so you can continue to negotiate the terms of the divorce and come to an agreement on any remaining issues.

Why would you want to use a mediator?  Because it costs less than hiring an attorney and going to court, for one.  Mediation is a less costly alternative than going to court and hiring attorneys.  While you can still expect to pay attorney type hourly fees in the several hundred dollars per hour area, you are only paying one person as opposed to two separate attorneys.

More important than money, perhaps, is that mediation is a good way to work through the issues.  Ultimately, if you do not agree to the issues among yourselves, you will have to leave it up to a judge to decide.  I don’t think a judge can make a better decision about your family than you can.  Do you?

Now there is really no reason you have to hire a professional mediator in some cases.  Why not just try to sit down at the kitchen table and try and work it out.  That is what I tell my clients.  The more time you spend at the kitchen table trying to work out your issues, even thought it will be difficult, will save you time and money in the long run.  Not to mention lessen the emotional toll divorce can take on you.

And before you run out an spend money on a divorce mediator, remember that there are court facilitators at the court that is free of charge.  So if you have some issues with child custody or visitation or spousal support, for instance, you can always make an appointment with the court to have them help you resolve your issues.

Is California A No-Fault Divorce State | Santa Clarita

Posted by Tim Blankenship on

Is California A No-Fault Divorce State | Santa Clarita

Many times when people call to inquire about our divorce service, they are inclined to let us know the reasons behind their wanting to get divorce.  And we understand, folks want to tell their story, and we are genuinely interested.

Other folks tell us then ask if they will have any advantage by not being the one who “caused” them to want to divorce or who was “at fault” for causing the divorce.

California is known as a no-fault state.  This means that it does not matter the reason for the divorce.  Previously when you had to show fault for getting a divorce, one party would have to take the blame even if there truly was no fault.  So they would have to conjure up some reason so they could get divorced, even when they were in complete agreement about getting divorce in an uncontested manner.

Some of the reasons for an At Fault divorce that would justify legal blame for an at-fault divorce were:

  1. Adultery
  2. Abuse
  3. Abandonment
  4. Extreme Cruelty to spouse
  5. Inability to engage in sexual intercourse that was not disclosed before the marriage

So what took the place of the at fault divorce?  The word is Irreconcilable Differences.  What do you have to prove with Irreconcilable differences?  Essentially that there is an irremediable breakdown of the relationship.

What is interesting is that other than checking the “irreconcilable differences” box on the divorce paperwork, there is nothing you have to prove to substantiate that.  So really, you don’t even have to show any proof of a irremediable breakdown.  Simply checking the box is enough to file for divorce in California.

We are a licensed and bonded legal document preparation service that specializes in the divorce process.  For more information about our affordable divorce service, please give us a call.

Divorce Attorneys On Youtube | Santa Clarita

Posted by Tim Blankenship on

Divorce Attorneys On Youtube | Santa Clarita

I promote my business completely online.  In fact, I do all my own marketing.  Whether it be my blog, Youtube videos or divorce webinars, I am the one at the helm doing all the writing and lead generation.

On occasion, I will go various attorney blogs or YouTube videos and comment on their articles or videos.  Nothing more than encouraging them to do more videos or write more legal blog posts.

You see, the legal field is very slow to adapt to technology.  This includes marketing and using video and blogs to market their companies.  This has made it possible for me to step right in and dominate the legal blogosphere with my blogs and YouTube advertising.

What happens is that divorce attorneys tend to take offense at my marketing.  And I am not sure if they are mad because I am out-performing them in marketing or if they think I am stealing business from them.

It is kind of sad that an attorney would think that I am stealing business from them.  I am not even an attorney.  We just provide affordable divorce options for folks who do not need attorneys.  We also advocate to folks to advise that most people don’t even need an attorney to get through the divorce process.

Well today, I made a comment on an attorney’s YouTube video and simply said, “hey, good job, not a lot of attorney’s doing video or blogging.”  That was it!  Almost instantly I received a response to my comment that was essentially stating how their services were superior to mine.

I laughed at first knowing that we don’t even provide the same service.  They are an attorney and give legal advice and represent people in court.  We are a licensed and bonded legal document preparation service that provides affordable self help divorce services.

Hopefully divorce attorneys will learn that I compliment the legal field and am not a threat to them.  In fact, I am a good referral source for attorneys.

There is plenty of business for everyone.

He who markets most wins.  And I know how to market….

We are a licensed and bonded legal document assistant specializing in the divorce process.  Give us a call for more information about our services.

 

Los Angeles PACT Class Now Online | Santa Clarita Divorce

Posted by Tim Blankenship on

Los Angeles PACT Class Now Online | Santa Clarita Divorce

 

On July 31, 2012 the Los Angeles County Family Law Courts announced that the mediation program is now available online.  Called the”Our children First” program is the Court’s new orientation mediation class.

Taking the class online satisfies the Court’s requirement for parents to complete a mediation orientation.  If you have already attended the in-class PACT class, you do not have to take the online class.

Parents are required by law to attend the mediation orientation also known as parent education program and a mediation session prior to appearing at an Order to Show Cause or a Trial regarding the custody or visitation of their children.

Parents only have to complete this online program once.

The online PACT class must be completed in one sitting to ensure that you receive the required information in the clearest possible manner.  It is the expectation that after you have completed this program you will have all the answers and information necessary to attend your mediation session.

The online Our Children First Program will take approximately 60 minutes and will include a variety of activities.

This class is required prior to attending your mediation and prior to attending any hearing.  So this PACT class should be the first class you take prior to both.

We are a licensed and bonded legal document preparation service that specializes in the divorce process.  For more information about our divorce services please give us a call.  We provide a 100% online divorce process, the first to do this in Los Angeles County.

 

How To Start A Divorce In Santa Clarita

Posted by Tim Blankenship on

 How To Start A Divorce In Santa Clarita

There are two parties to a divorce.  The person who initially files for divorce to get the case started is called the Petitioner.  The other party who is served the divorce papers is called the Respondent.  Watch our video on how to prepare the divorce petition.

Note that the party names are different in a family law matter than a typical lawsuit.  In traditional lawsuits, the parties are referred to as Plaintiff and Defendant.

The Courts do not give any preference to one party or the other.  The Respondent has just as many rights and legal standing and either party can avail themselves of any legal steps.

When you want to file for divorce, the Petitioner will need to prepare the appropriate divorce documents and file them with the court.  Then you need to serve the petition on your spouse.  Filing of the initial paperwork notifies the court and other party of your desire to get divorced.

When you serve the Petition to divorce, a couple of important things happen.

First, the service of the divorce petition starts the clock on the 6 month waiting period in California.  Second, the petition helps to determine a date of separation.  Third is that automatic retraining orders take effect upon service of the Petition, (known as ATRO’s).

Of course, there is always the downsides of serving the divorce papers.  There is always going to be some upset upon being served with divorce papers.  It is important that you try to soften the blow by advising your spouse that there are some divorce papers they can expect.  There are also some alternative methods of serving your spouse that are less stressful which can be used instead of hiring a process server.

We are a licensed and bonded legal document preparation firms that specializes in the divorce process.  Please give us a call for more information about our services.

Are There Any Good Divorce Attorneys In Santa Clarita

Posted by Tim Blankenship on

Are There Any Good Divorce Attorneys In Santa Clarita

I get asked this question from time to time.  People calling me, knowing that I am a neutral third party and don’t have anything vested in giving an answer to this question.

My answer is, “of course”.  Of course there are good lawyers in Santa Clarita.  In fact, we probably have some of the best attorneys in Los Angeles County.

I think the questions people should be asking is whether there are any attorneys that will represent them without stirring the post, so to speak.

You see, there are plenty of bulldog lawyers out there that will fight to the death for you.  And you will pay for it.  We don’t advocate that here.  We advocate for a compromised, uncontested and cooperative divorce process.

So when someone asks me if there are any good lawyers in Santa Clarita, my first question is, “why do you need a good lawyer in the first place”?

See, if you are asking for a good lawyer, that most likely means that your are already heading down a path of conflict, issues and plenty of attorney fees.

Here is an interesting thing about those that hire attorneys and want to crush their opponent. Once they start getting billed by their attorneys and really see how high the cost of having that “good attorney”, they quickly realize it may be better to settle than a drag out fight.  Because in the end of a drag out fight, nobody wins.

I have seen it a million times when I worked for a law firm.  A client comes in and wants slam their spouse.  Usually, because there is so much emotion and anger at first.  Then they start getting billed and realize that might not have been the best course of action.  Sometimes the bill they got from the law firm was the only thing to knock some sense into them so they will begin to work on the real issues of the divorce instead of the plan to insult and injure their spouse.

The only winners in these cases are the attorney involved.  Think about what your going to do to your family before you retain a divorce attorney.

What It Means To Retain An Attorney | Santa Clarita

Posted by Tim Blankenship on

What It Means To Retain An Attorney | Santa Clarita

We do not want to advise anyone not to get legal advice when they need it.  However, most people never need to retain a divorce lawyer during their divorce unless there is a good reason that you need to.

First, what is a “retainer agreement?”  A retainer agreement is where the attorney takes on your case and now has a professional responsibility to act on your behalf.  They have now been hired to represent you in your divorce.

The retainer agreement spells out the agreement between the party to be represented and the attorney of law firm.  The retainer will advise you what the law firm will do to represent you and what you can expect during the divorce process.

The retainer agreement is also about the fees do to the law firm for the work they do on your case.  It will detail the amount of money you are to leave as a deposit and spells out how the fees will be charged against your deposit.

What a lot of people learn to late is that the amount an attorney asks you to leave as a deposit to retain their firm, is not the total amount for your divorce.  They call it a retainer fee or deposit.  It is simply the amount of money you are giving them to retain them.  You will be responsible for any work done on your case that exceeds the deposit or retainer amount.

So many of my clients started off with a divorce lawyer, plopped down $5,ooo thinking that the deposit amount was the full amount to be represented during their divorce.  Later they get a bill for the charges incurred and don’t know why.  Even though it was expressly stated in the fee agreement, they are shocked to find out that their bill has doubled and they are not even close to being divorce yet.

Read my article on the costs of divorce for more information.

We are a licensed and bonded legal document preparation service that specializes in the divorce process.  Please give us a call for more information about our divorce legal services.

What Do Your Own Divorce Means | Santa Clarita

Posted by Tim Blankenship on

What Do Your Own Divorce Means | Santa Clarita

So what does it really mean to do your own divorce?  There are actually two answers to this questions.

First, there is the paperwork part of the divorce.  The paperwork of a divorce can be confusing and difficult to figure out. What with all the different forms that need to be completed.  And don’t forget about the fact that certain forms need to be served and filed and it all has to be done correctly and in a certain order.

Then there is the part of the divorce where you need to make decisions about certain aspects of the divorce.  This means making informed decisions, exploring options, compromising with your spouse and taking responsibility for your divorce case, all the decisions and what happens in your life.

This means having frequent and detailed discussion with your spouse about the terms of the divorce.  So while the paperwork issue of the divorce has its own challenges, the decision making process comes with its own host of challenges

Doing your own divorce means that you do so without hiring or retaining an attorney.  When you file for divorce, your filing fee pays for the use of the courts facilitators and mediators to help you come to agreements when you need help deciding what to do.

We continue to say that there are only a handful of reasons you truly need a lawyer during a divorce.  First, is to obtain legal advice and the other if to represent you in court.  Other than that, you should be the one making the decision on the terms of your divorce.  This is why we say you should consult with a divorce attorney but not retain them.

When it comes to the paperwork part of the divorce process, that is where a legal document preparation firm such as us can step in.  Don’t let all your hard work of negotiating and compromising with your spouse go to waste by not preparing the divorce paperwork correctly.

We specialize in the divorce process.  Let seasoned divorce specialists step in and prepare your divorce paperwork for you.