What Happens to Jointly Owned Land or Investment Properties During Divorce? | Los Angeles Divorce

Posted by Tim Blankenship on

 

What Happens to Jointly Owned Land or Investment Properties During Divorce?

Dividing assets during a divorce can be a complex and emotional process, especially when it comes to jointly owned land or investment properties. Whether you’re dealing with rental homes, vacation properties, or raw land purchased as an investment, figuring out how to divide these assets fairly is a critical step in moving forward. In California, where community property laws play a significant role, understanding your rights and options is essential.

In this article, we’ll explore what happens to jointly owned land and investment properties during divorce, how California’s community property laws affect ownership, and the financial considerations that should guide your decisions. We’ll also share a real client story that illustrates how these situations can be handled amicably and efficiently. Whether you’re just beginning to navigate this process or looking for guidance on your next steps, this comprehensive guide will help you make informed decisions that protect your interests.

Understanding Joint Ownership and Community Property in California

One of the first and most important things to understand is how jointly owned properties are treated under California law. In California, any property acquired during the marriage is generally considered community property. This means that regardless of whose name is on the title, both spouses typically have an equal ownership interest in the property.

This principle applies to various types of real estate, including:

  • Rental homes
  • Vacation homes
  • Raw land held as an investment

Even if only one spouse’s name appears on the deed, the property is still likely to be considered community property if it was purchased during the marriage. This equal ownership status means that when a couple divorces, the property must be divided in a way that reflects both parties’ interests.

Understanding this legal framework is crucial because it shapes the options available for dividing the property and ensures that both spouses receive a fair share.

Options for Dividing Jointly Owned Property

When it comes to dividing jointly owned land or investment properties, there are generally two main options:

  1. Sell the property and split the proceeds: This approach involves putting the property on the market, selling it, and dividing the sale proceeds equally or as otherwise agreed upon in the settlement. This option provides a clean break and immediate liquidity for both parties.
  2. One spouse keeps the property and buys out the other’s share: In this case, one spouse retains ownership and compensates the other for their share of the property’s value. This can be done through refinancing a mortgage or other financial arrangements.

Deciding between these options requires careful consideration of several factors, including the current market value of the property, any outstanding mortgages or liens, and the financial implications of keeping versus selling.

Evaluating the Property’s Value and Financial Obligations

The first step in making an informed decision is to determine the property’s fair market value. This often involves hiring a professional appraiser who can provide an unbiased estimate based on comparable sales and the property’s condition.

Next, it’s important to account for any mortgages or liens against the property. Outstanding debt affects the net equity available to be divided between spouses. For example, a property with a high mortgage balance may have less equity to split, which could influence whether selling or buying out is more advantageous.

Other financial factors include:

  • Capital gains tax implications if the property is sold
  • Rental income generated by the property and how it factors into support calculations or settlement agreements
  • Future appreciation potential and how each spouse’s interests align with long-term investment goals

Taking these elements into account helps ensure that the division is both fair and financially sound.

Why Capital Gains and Rental Income Matter

When jointly owned investment properties are involved, two financial aspects often come into play: capital gains taxes and rental income.

Capital Gains Taxes

If the property is sold, there may be capital gains taxes owed on the profit from the sale. The amount depends on factors such as the purchase price, improvements made, and how long the property was held. Understanding these tax implications is important because they can significantly affect the net proceeds available for division.

For example, selling a property that has appreciated substantially could result in a sizable tax bill, reducing the amount either spouse receives. Conversely, if one spouse keeps the property, they will assume responsibility for future capital gains taxes when they eventually sell.

Rental Income and Expense Considerations

Many jointly owned investment properties generate rental income, which must be accounted for during divorce proceedings. Rental income can influence spousal support calculations and the overall financial settlement.

It’s important to track income and expenses related to the property, such as mortgage payments, maintenance costs, property management fees, and taxes. These figures provide a clear picture of the property’s cash flow and help determine its value as an asset to be divided.

A Real Client Story: Dividing Two Rental Homes Amicably

To illustrate how these principles come together in practice, consider the example of a couple we recently worked with at Divorce661. They jointly owned two rental homes and wanted to keep the process amicable and fair.

Here’s how we helped them navigate the division:

  • We started by running the numbers on rental income, mortgage payments, and projected future equity for both properties.
  • We discussed the pros and cons of selling versus one spouse keeping the rentals.
  • Ultimately, one spouse decided to keep both rental homes and refinanced the mortgages to buy out the other spouse’s share.
  • This approach allowed the couple to avoid selling the properties, maintain their investment, and ensure both parties received a fair settlement.

By carefully analyzing the financial details and working collaboratively, they were able to reach a smooth, balanced resolution that met their needs without unnecessary conflict.

How Professional Guidance Simplifies Property Division

Dividing complex assets like investment properties during divorce can feel overwhelming. That’s why working with professionals who specialize in this area is invaluable. At Divorce661, we provide flat-fee divorce services that include expert guidance on property division, especially when real estate investments are involved.

Our approach includes:

  • Helping you understand your legal rights under California community property laws
  • Evaluating your jointly owned properties and financial obligations
  • Discussing your options and helping you decide whether to sell or buy out your spouse’s interest
  • Handling all the necessary paperwork and court filings to ensure a smooth process
  • Providing remote services across California for your convenience

With professional support, you can protect your investments, avoid costly mistakes, and move forward with confidence.

Key Takeaways for Dividing Jointly Owned Land and Investment Properties

Here are some essential points to remember if you’re facing the division of jointly owned real estate during your divorce:

  • Understand community property laws: In California, properties purchased during the marriage are usually owned equally by both spouses, regardless of whose name is on the title.
  • Evaluate your options: Decide whether to sell the property and split the proceeds or have one spouse keep the property and buy out the other.
  • Consider financial implications: Account for mortgages, liens, capital gains taxes, rental income, and expenses before making decisions.
  • Use professional appraisals and advice: Accurate valuations and legal guidance are crucial for a fair division.
  • Communicate and collaborate: An amicable approach can lead to smoother negotiations and better outcomes.

Moving Forward with Confidence

Dividing jointly owned land or investment properties during a divorce doesn’t have to be a source of conflict or confusion. By understanding your rights, carefully weighing your options, and seeking expert guidance, you can navigate this process successfully.

If you’re unsure what to do with your shared investment property or need help managing the financial complexities involved, consider consulting with professionals who specialize in divorce and property division. With the right support, you can protect your investments and create a fair settlement that allows both parties to move forward.

Remember, every situation is unique, and what works best for one couple may not be ideal for another. Take the time to explore your options fully and make informed decisions that align with your financial goals and personal circumstances.

For those in California looking for trusted assistance with dividing real estate in divorce, professional services that combine legal expertise with financial insight can make all the difference. Protect your interests, avoid unnecessary stress, and approach your divorce with clarity and confidence.

How Does Divorce Affect the Sale of Your Home? | Los Angeles Divorce

Posted by Tim Blankenship on

 

How Does Divorce Affect the Sale of Your Home?

Divorce is an emotionally challenging and complex process, involving numerous decisions that impact your life both legally and financially. One of the most significant assets that couples often have to navigate during a divorce is their home. If you live in Santa Clarita and are considering divorce, you might be wondering how the sale of your home will affect the divorce proceedings. Will selling your home complicate the divorce? How does the home sale process interact with the marital settlement agreement? In this article, we’ll explore these questions and provide clear guidance on what to expect when selling your home during a divorce.

As someone deeply familiar with divorce and real estate matters, I want to break down the relationship between divorce and home sales so that you can approach this difficult time with confidence and clarity.

Understanding the Role of the Home in Divorce

The family home is often one of the largest shared assets between spouses, and deciding what to do with it can be a central issue in divorce negotiations. Whether the home is owned outright or mortgaged, its disposition can affect the division of marital property, financial settlements, and even future living arrangements.

Because of this, many people worry that selling the home might delay or complicate the divorce process. The good news is that the home sale and the divorce are related but separate processes. They can be handled in a way that works best for your unique situation.

What Does the Marital Settlement Agreement Say About the Home?

The marital settlement agreement (MSA) is the document that outlines how assets and debts will be divided between spouses. When it comes to the home, the MSA will specify one of several possibilities:

  • The home will be sold during or after the divorce: The agreement will state that the home is to be sold, and the proceeds divided according to the terms agreed upon by both parties.
  • One spouse will keep the home: Sometimes, one spouse wishes to keep the home, either by buying out the other spouse’s interest or through other arrangements.
  • The home has already been sold: If the home sale is completed before or during the divorce process, the MSA will reflect that the proceeds have been or will be distributed accordingly.

This clarity in the MSA helps ensure that the home sale does not derail or delay the divorce. The process can be structured to allow the divorce to move forward regardless of whether the home has been sold yet.

How the Home Sale Process Interacts with Your Divorce

One of the most common questions I receive is whether selling the home will affect the timing or outcome of the divorce. The simple answer is no—the home sale process itself will not affect the divorce process as long as it is properly addressed in the marital settlement agreement.

Here’s how this typically works:

  1. Agree on the disposition of the home: During divorce negotiations, spouses decide whether to keep or sell the home.
  2. Document the decision in the MSA: The MSA clearly states what will happen with the home.
  3. Proceed with the divorce: The divorce can continue regardless of whether the home has been sold yet.
  4. Complete the home sale as agreed upon: If the home is to be sold, it can happen during or after the divorce finalization.

This approach allows both parties to finalize their divorce without being held up by the complexities of the home sale. It also provides flexibility, especially when the real estate market or personal circumstances make an immediate sale impractical.

Keeping the Home During Divorce

In some cases, one spouse may want to keep the family home. This can happen for various reasons, such as wanting to provide stability for children or because one spouse plans to live in the home after the divorce.

If this is the case, the MSA will outline how the spouse keeping the home will compensate the other spouse for their interest. This could involve a buyout, refinancing the mortgage solely in one spouse’s name, or other financial arrangements.

It’s important to understand that keeping the home comes with responsibilities, including mortgage payments, property taxes, maintenance, and insurance. These details should be clearly addressed in the agreement to prevent future conflicts.

When the Home Is Sold Before or During the Divorce

Sometimes, spouses decide to sell the home before finalizing the divorce. This can be beneficial for several reasons:

  • It frees up equity that can be divided or used to start fresh.
  • It eliminates the burden of joint ownership and responsibilities.
  • It allows both parties to move on more quickly.

When the home is sold, the proceeds are typically divided according to what is outlined in the MSA or court orders. It’s crucial to communicate openly about how the proceeds will be split and to work with professionals who can facilitate a smooth transaction.

Additional Considerations When Selling Your Home During Divorce

While the home sale process and divorce are separate, there are important factors to consider that can impact both:

1. Market Timing and Sale Price

The real estate market fluctuates, and timing the sale of your home can influence the price you get. In a divorce, it’s tempting to rush the sale to finalize proceedings, but sometimes waiting for a better market can increase the financial benefit for both parties.

Discuss your timing options with your real estate agent and divorce attorney to find the best strategy.

2. Emotional Factors

Divorce is an emotional process, and selling the family home can be especially difficult. It’s important to acknowledge these feelings and seek support if needed.

Keeping communication respectful and focused on practical matters can help reduce tension during negotiations.

3. Legal and Financial Advice

Working with experienced professionals is critical. Your divorce attorney can help you draft a clear and enforceable marital settlement agreement, while a real estate agent familiar with divorce sales can guide you through the home sale process.

Additionally, consulting a financial advisor can help you understand the tax implications and how to best manage the proceeds from a home sale.

Conclusion: Selling Your Home and Divorce Can Coexist Smoothly

For homeowners in Santa Clarita facing divorce, the process of selling your home does not have to complicate or delay your divorce. The key is to clearly address the home in your marital settlement agreement, whether you plan to sell it immediately, keep it, or have already sold it.

By working with the right professionals and maintaining open communication, you can navigate both the divorce and home sale smoothly, allowing you to move forward with confidence.

Remember, the home is just one part of your divorce journey. Taking control of this aspect thoughtfully can reduce stress and help you focus on rebuilding your life after divorce.

If you’re currently going through a divorce and facing questions about your home, don’t hesitate to reach out to experts who understand both real estate and family law. With the right guidance, you can make informed decisions that protect your interests and set you up for a brighter future.

Get Full Control Over Your Divorce Proceedings | Los Angeles Divorce & Santa Clarita Divorce

Posted by Tim Blankenship on

 

Get Full Control Over Your Divorce Proceedings: Los Angeles Divorce & Santa Clarita Divorce Insights

When navigating the difficult journey of divorce, one of the most critical factors that can influence the outcome is timing. Understanding how to gain control over the timing of court hearings and negotiations can make a significant difference, especially when urgent matters like temporary support or custody orders are involved. In this article, we’ll explore how initiating the divorce proceedings can provide you with strategic advantages, even in contested cases, and why timing matters more than you might think.

Drawing from practical experience in Los Angeles and Santa Clarita divorce cases, this guide aims to empower you with knowledge to take control of your divorce process. Whether your divorce is amicable or contentious, knowing how to manage timing can help you protect your rights and interests during this challenging time.

Why Timing Matters in Divorce Proceedings

Divorce is rarely just about separating two individuals; it often involves complex issues such as child custody, spousal support, and division of assets. When emotions run high and stakes are significant, the timing of court hearings and negotiations can be crucial. Being able to initiate the process puts you in the driver’s seat, allowing you to set the pace and sequence of events.

For example, if you need temporary financial support or urgent custody arrangements, waiting passively for the other party to act can delay critical relief. By filing for divorce, you trigger the court’s involvement and create a timeline that can be leveraged to address these immediate concerns.

The Advantage of Initiating the Divorce

One of the most tangible benefits of being the filing spouse—the petitioner—is having control over when court hearings take place. This control can be especially valuable in situations where time-sensitive issues arise, such as:

  • Requesting temporary spousal support
  • Seeking temporary child support
  • Establishing custody orders during the pendency of the divorce

When you initiate the divorce, you can request a hearing for these temporary orders, often called a Request for Order (RFO). This hearing can be scheduled within approximately 45 days, allowing you to address urgent matters swiftly rather than waiting indefinitely for the other party to act.

For example, if you are not receiving any financial support after separation and the divorce is contentious, filing first allows you to move quickly to secure temporary support payments. This proactive approach can alleviate financial stress and provide stability during the divorce process.

How the Process Works for the Petitioner

Once the petitioner files the divorce petition, they have the opportunity to submit an initial motion outlining their requests, such as temporary spousal or child support. This includes writing a declaration that explains what is being sought and why. The court then sets a hearing date, and the respondent is served with the motion and all related documents.

The respondent reviews the petitioner’s requests and prepares a response. This exchange of declarations and responses means both parties get to present their arguments before the judge, with the petitioner having the advantage of submitting a final reply. This sequence effectively gives the petitioner two opportunities to “bat” at the hearing, while the respondent gets only one.

Respondent’s Options and Limitations

The respondent, or the spouse who did not initiate the divorce, cannot request a hearing for temporary orders until they have formally responded to the divorce petition and been served. While they retain the right to file motions and request hearings after responding, they don’t have the initial control over timing that the petitioner enjoys.

This means the petitioner’s ability to file first and request a hearing can be a strategic advantage, especially in cases where waiting could lead to financial hardship or custody concerns.

Amicable vs. Contested Divorces: Does Timing Control Matter?

In amicable divorces, where both spouses cooperate and agree on terms, the timing of filings and hearings is less critical because both parties coordinate their actions. The process tends to be smoother and quicker, with fewer disputes over temporary orders.

However, in contested divorces—where disagreements are common and communication may be limited—the ability to control timing becomes much more significant. If you’re in a situation where the other party is unresponsive or obstructive, initiating the divorce and requesting hearings for temporary orders can ensure your concerns are heard promptly.

Even if you’re not an attorney or familiar with litigation, understanding this procedural nuance can empower you to make informed decisions. Being the filing party means you get to frame the initial requests and set the pace for the court’s involvement, which can be critical in protecting your interests.

Common Misconceptions About Filing First

Some people hesitate to file for divorce first, fearing it may appear aggressive or that it could negatively impact negotiations. However, it’s important to recognize that filing first doesn’t necessarily mean the divorce will be acrimonious. Rather, it can be a strategic move to gain control over the process and ensure timely court intervention when needed.

Furthermore, initiating the divorce doesn’t prevent you from working amicably with your spouse. It simply creates a structured framework within which both parties can negotiate and resolve issues with the court’s oversight if necessary.

“Stay in Your Lane” – Understanding the Limits of Non-Attorneys

It’s common to hear advice like “stay in your lane” when non-attorneys discuss legal procedures. While it’s true that only licensed attorneys can provide legal representation, understanding the basics of how the divorce process works—especially how timing and filing impact your case—can be a powerful tool for self-advocacy.

Knowing that the petitioner has the advantage of filing motions first, submitting initial declarations, and setting hearing dates helps you navigate the process more confidently. It also allows you to seek professional advice more effectively, knowing exactly what questions to ask and what options are available based on your role in the divorce.

Practical Steps to Take When Considering Filing for Divorce

If you’re contemplating filing for divorce, here are some practical steps to help you gain control over the proceedings:

  1. Evaluate Your Immediate Needs: Determine if there are urgent financial or custody issues that require temporary orders.
  2. Consult a Divorce Professional: Seek advice from a divorce attorney or a full-service divorce consultant to understand your options.
  3. Prepare Your Petition Thoughtfully: When filing, clearly articulate your requests for temporary support or custody in your initial motion and declaration.
  4. File and Serve Promptly: After filing your petition, ensure the other party is properly served to start the timeline for their response.
  5. Request Hearings When Needed: Don’t hesitate to request a hearing for temporary orders if your situation requires immediate court intervention.
  6. Stay Organized: Keep copies of all filings, correspondence, and court documents to track deadlines and responses.

Conclusion: Taking Charge of Your Divorce Process

Divorce can be an emotionally and financially taxing process, but understanding the power of timing can give you a strategic edge. By initiating the divorce, you gain control over when court hearings and negotiations happen, which can be particularly important if you need temporary support or custody orders in place quickly.

Whether your divorce is amicable or contested, knowing how to leverage your role as the filing spouse can protect your rights and accelerate resolutions to pressing issues. Remember, filing first doesn’t mean you are being adversarial—it means you are taking proactive steps to manage your future.

If you are in Los Angeles, Santa Clarita, or anywhere in California and want to learn more about how to take control of your divorce proceedings, consider consulting with experienced professionals who can guide you through the process efficiently and compassionately.

For more insights and support on navigating divorce, visit Divorce661.com and schedule a free consultation to discuss your unique situation.

Additional Resources

Taking control of your divorce proceedings starts with knowledge and timely action. Don’t wait—empower yourself today.

The Biggest Legal Mistake: Default Without Agreement in Los Angeles & Santa Clarita Divorce Cases | Los Angeles & Santa Clarita Divorce

Posted by Tim Blankenship on

 

 The Biggest Legal Mistake: Default Without Agreement in Los Angeles & Santa Clarita Divorce Cases

When navigating the complex world of divorce law, one of the most common—and costly—mistakes I see is clients attempting to pursue a default divorce without an agreement. As a divorce attorney serving Los Angeles and Santa Clarita, I have worked with countless clients who initially believed this route would simplify their process. However, the reality is quite the opposite.

In this comprehensive article, I’ll explain the critical differences between a default divorce with an agreement and one without, why the latter is often the most difficult path, and how you can avoid unnecessary legal pitfalls by understanding these distinctions.

Understanding Default Divorce: What Does It Mean?

In a divorce proceeding, a “default” occurs when one spouse does not respond or participate in the process. Essentially, the court moves forward without their input. There are two main types of default divorces:

  • Default with Agreement: Both spouses agree on the terms of the divorce, and the non-responding spouse signs off on the paperwork.
  • Default without Agreement: One spouse proceeds without involving or obtaining any agreement from the other.

While it might seem easier to pursue a default divorce without involving the other party, this approach can create a myriad of legal challenges, delays, and complications that often frustrate clients.

Why Do People Choose Default Without Agreement?

Over half of the clients who hire me have already started their own divorce process before reaching out for help. Many of these individuals believe that avoiding their spouse’s involvement will make things simpler and faster. Common reasons clients give include:

  • They think there is no need for the other spouse to be involved if they are “in agreement.”
  • They want to avoid confrontation or communication with their spouse.
  • They believe the paperwork can be completed and finalized more quickly without the other party’s participation.

Unfortunately, these assumptions are often incorrect and lead to unexpected complications in court.

The Reality: Default Without Agreement Is the Most Difficult Process

When you proceed with a default divorce without an agreement, the court becomes highly cautious. Because the other spouse is not involved and has not agreed to any terms, the court prioritizes protecting their rights. This means:

  • The court will impose strict rules and procedures to ensure fairness.
  • There will be increased scrutiny on the filings and requests made by the spouse pursuing the default.
  • The process will often be lengthier and more complex due to the lack of mutual consent.

In many cases, clients who try this route find themselves stuck in a frustrating loop of paperwork, court hearings, and delays. The hope of a quick and easy divorce quickly evaporates.

What Happens When There Is No Written Agreement?

Without a written agreement signed by both parties, the court cannot simply accept the terms proposed by one spouse. Instead, the court may:

  • Request additional evidence or documentation to support claims.
  • Require hearings to determine fair division of assets, child custody, and support.
  • Impose temporary orders that may not align with either party’s wishes.

This added complexity ensures the non-participating spouse is protected, but it significantly complicates the process for the spouse trying to move forward.

Default With Agreement: The Smarter Choice

One of the first questions I ask clients who come to me stuck in a default divorce is whether their spouse will cooperate and sign the paperwork. If the answer is “yes,” then a default divorce with agreement is the way to go.

When both spouses agree and sign off on the divorce terms, the court process becomes much smoother. Here’s why:

  • The court can quickly approve the agreed-upon terms without extensive hearings.
  • There is less likelihood of delays or additional requirements.
  • The divorce can be finalized faster, reducing stress and legal fees.

Default with agreement cases “sail through” the court system because the risk of unfairness or disputes is minimized.

How to Ensure Your Divorce Proceeds Smoothly

If you are considering a default divorce, here are some practical steps to help make the process more manageable:

  1. Communicate Honestly: Even if communication is difficult, try to reach an understanding with your spouse about the terms of the divorce.
  2. Get Agreements in Writing: Having a clear, written agreement signed by both parties is essential to avoid complications.
  3. Consult a Divorce Attorney: An experienced attorney can guide you through the process and help draft agreements that the court will accept.
  4. Be Patient: Understand that divorces, especially those involving children or assets, take time to finalize properly.

Common Misconceptions About Default Divorce

Many clients come to me with misconceptions that fuel their frustrations and delays. Here are some of the most frequent myths I encounter:

“If My Spouse Doesn’t Respond, the Divorce Will Be Quick and Easy”

Not true. While a non-responding spouse may seem like it simplifies the process, default divorces without agreements often trigger more court involvement to protect that spouse’s rights.

“We’re in Agreement, So I Don’t Need Their Signature”

Even if you verbally agree, the court requires documented proof. Without signed paperwork, the court cannot finalize the divorce easily.

“I Can Just Handle This on My Own”

Divorce law is complex, and default without agreement cases are among the trickiest. Legal advice is crucial to avoid mistakes that can prolong the process or lead to unfavorable outcomes.

Conclusion: Avoid the Biggest Legal Mistake in Divorce—Default Without Agreement

Divorce is rarely easy, but choosing the right path can make a significant difference in how smoothly and quickly your case resolves. The biggest legal mistake I see is clients trying to do a default divorce without an agreement. This approach often backfires, causing delays, increased costs, and unnecessary stress.

If you and your spouse are truly in agreement on the terms of your divorce, pursue a default divorce with agreement. It will save you time, money, and headaches. But if you are unsure or your spouse is uncooperative, don’t hesitate to seek legal guidance to protect your interests.

Remember, divorce law is designed to ensure fairness and protect both parties. Respecting the process and working towards mutual agreements whenever possible will help your case move through the court system efficiently.

For those in Los Angeles, Santa Clarita, or surrounding areas, understanding these distinctions can empower you to make informed decisions during a challenging time. If you need help navigating your divorce or want to avoid the pitfalls of default without agreement, professional legal support is invaluable.

Take control of your divorce journey by choosing the smarter, more effective path—and avoid the biggest legal mistake of all.

How Do I Prepare For An Amicable Divorce | Santa Clarita Divorce | Divorce661.com

Posted by Tim Blankenship on

How Do I Prepare For An Amicable Divorce | Santa Clarita Divorce | Divorce661.com

Preparing for an amicable divorce is more of a mindset than anything else. The idea is that you want to make decisions in the overall best interest of both parties and not try to win or take advantage of the other party by dealing in good faith.

Tim Blankenship here with Divorce661.com and what we’re talking about in this video is how to prepare for an amicable divorce and this really is going to boil down to you and your spouse deciding that you will be amicable and how can you best achieve that some of the tips I would recommend would be like.

Number one, focus on the big picture. Look at the overall nature of the agreement, not each little individual items separately while you can look at it separately, consider them with the overall global Information that you have to utilize.

I would also say negotiate the terms of your divorce agreement in good faith. If you’re trying to win or get a better deal than your spouse and take advantage, that’s definitely not going to be beneficial to the amicable process.

And more importantly is if you have children create a good parenting plan that works for both of you and then which is done in the best interest of the minor children and that will significantly help you get through the amicable divorce process.

Uncontested Divorce Benefits | Santa Clarita Divorce | Divorce661.com

Posted by Tim Blankenship on

Uncontested Divorce Benefits | Santa Clarita Divorce | Divorce661.com

There are many benefits to going through an amicable, uncontested divorce in Santa Clarita.

VIDEO TRANSCRIPT

Tim Blankenship here with Divorce661.com And in this video I want to talk about the benefits of an uncontested divorce in California.

So there are several the first one would be cost it’s going to be much more cost-effective to go through a divorce through a service like ours in an uncontested fashion where we charge flat fees you don’t have to go to court.

There’s no attorney. Retainers there’s no trials and so forth that’s definitely benefit. Number one is going to be cost. Number two is the speed at which your uncontested divorce can get processed because There’s no court, we bypass all of that processing and go straight to the clerk’s office for approval.

So you’re divorce will be completed within just a couple of weeks to a month or so, obviously, it’s still six months before It’s official in the state of California with the cooling off period. But internally, we can get it done, much quicker.

And thirdly, you guys get to call the shots. You make all the decisions, all the terms of the agreement, there’s no court appearance, we process the entire case for you and it’s all done for one low flat fee.

Santa Clarita Divorce | Can You Get A Divorce Without Going To Court | Divorce661.com

Posted by Tim Blankenship on

Santa Clarita Divorce | Can You Get A Divorce Without Going To Court | Divorce661.com

Tim Blankenship here with Divorce661.com. And what we’re answering in this video is can you get a divorce without going to court? And the answer is absolutely. Yes,

100% of our clients, never have to go to court and here’s why the only people that go to court, are those people who are asking the judge to make a decision for them, in the form of a trial, or a hearing.

With our clients, you are in charge, you get to call the shots. You decide what the terms of your agreement are from custody, visitation child, support spousal support, property division. You guys call the shots.

We put you through the process and because we are submitting a full agreement to the court. It’s not even going to land on the judges desk. It’s going to land with the judicial assistant, who is going to just make sure the I’s are dotted, T’s were crossed, paperwork was done correctly.

Everything was covered and they see you guys have agreed notarized your judgment and it just gets literally rubber-stamped if everything’s good to go.

So, give us a call. If you have an amicable divorce anywhere in California.

Santa Clarita Divorce | What Is First Step In Getting A Divorce In California? | Divorce661.com

Posted by Tim Blankenship on

Santa Clarita Divorce | What Is First Step In Getting A Divorce In California? | Divorce661.com

When people ask what is the first step in getting a divorce in California, I think most people would explain what you need to file with the court in order to get a divorce.  But before you go out and file your divorce, we think you should first talk to your spouse if your goal is to have an amicable divorce in Santa Clarita.

Watch the below video where we explain why.

VIDEO TRANSCRIPT

Tim Blankenship here with Divorce661.com  and in this video were answering the question, What is the first step in getting a divorce in California?

Now, I think most people would say the first answer is well you file a petition with court and serve your spouse. But what we say here at Divorce661.com, because we handle only amicable clients is the first thing you should do. The first step in getting a divorce, is talk to your spouse.

If If you’re looking to have an amicable divorce in California, you do not want to file and have your spouse served without them knowing you’re planning on filing for divorce in no way shape or form.

Is that going to set you up for an amicable divorce? So talk to your spouse. Hopefully you guys can reach an agreement. At least agree that you guys don’t want to fight in the divorce process in California and then you can call us and then we can file your case and get the process of divorce going for you.

Santa Clarita Legal Separation Divorce

Santa Clarita Divorce | How To Speed Up Your Legal Separation Case | Divorce661.com

Posted by Tim Blankenship on

Legal separation and divorce are nearly identical when it comes to going through the process.  All the same decisions are made but there is one big difference.  There is not a 6 month cooling off period with Legal Separation like there is with divorce.

There is a way to speed up the legal separation process as far as getting the court to approve your judgment sooner which we discuss in the below video. You can also read the video transcript below.

Tim Blankenship here with Divorce661.com and I want to talk a little bit about legal separation cases. Keep in mind, there’s no six month waiting period like there is with divorce when you file your paperwork. So if you’re trying to streamline your legal separation case you can file your judgment much quicker.

You can file your case for legal separation. Have it served wait 30 days and immediately submit your legal separation judgment for review by the court. You don’t have to wait the six months, you can turn it in at any time after the time is passed from the 30 days of the of the respondent being served.

Or if you want to do it even quicker file and this is what we do, we filed the petition for legal separation, immediately behind that file a response for legal separation. The very next day and immediately following that you can submit your judgment for legal separation because you’ve already established the jurisdiction by the respondent filing the response.

Just a quick tip from Tim at Divorce661.com

Santa Clarita Divorce File Response Fee

Santa Clarita Divorce | Should You File A Divorce Response? | Divorce661.com

Posted by Tim Blankenship on

If you are going through an amicable divorce in Santa Clarita there are a few ways to get through the divorce process.  We are talking about procedural ways regarding the type of divorce you file.

You probably heard the word, “uncontested divorce”.  Did you know the word “Uncontested” has two meanings?  To you it probably means that you and your spouse are amicable and in agreement. And that is a true meaning of the word.

But, to the Courts, uncontested means that a Response form FL-120 was filed with the court.  That is what we mean about it being a procedural meaning. If a response is filed in your Santa Clarita divorce case, all that means to the court is that a response form was filed in the case.

What this article is about, however, is if you should file a response at all…

Our amicable Santa Clarita divorce service focuses on saving our clients money and helping them through the divorce process and keeping them out of court.

To help save them money, we purposely don’t have them file the response (some courts require it  regardless) but Los Angeles County does not require a response be filed for your divorce case.

The reason we bring this up is because when you file a Response, it triggers a 2nd Court filing fee.  You see, when the divorce is filed, when the Petition is filed, the petitioner pays a filing fee.

A lot of people don’t know that when you go to file the response to the divorce, the court will collect another filing fee to file the response.

People are surprised when we tell them that. But then are glad we are explaining that by using our services you will save that second court filing fee which helps offset the cost of our professional services.