Can My Spouse Stop The Divorce? Valencia Divorce

Posted by Tim Blankenship on

We get asked by clients what happens when one spouse does not the divorce. What they are asking is, “Can my spouse stop the divorce?” In California divorce there is no requirement that the parties agree to actually get a divorce. Meaning, when one party files for divorce, there is no way to file a Response saying you don’t want the divorce as the other party.

(By the way, we provide a full service divorce solution throughout California. If you are looking to get a divorce and would like assistance, please give us a call for a free phone consultation at 661-281-0266. We have a full service and self-help service.)

Click Here to learn more about our full service divorce
Click here to learn more about our do-it-yourself divorce

So what if your spouse does not want to get divorced? You would still file for divorce and have them served. Then you would have to wait 30 days to see if they Respond. The reason for doing this is because in California, there is a process called a “default”. A default is what happens when the other party has not responded to the divorce and 30 days has gone by.

The default process allows you to finalize the divorce process without the cooperation of the other party.

Now, I will tell you this. It is much easier to complete the divorce process by agreement. Even if you are the party that does not want the divorce, everything will go smoother if you both agree. If the two of you agree, you will not only be able to make decisions in both of your best interests, but you will also, in most cases, avoid having to go to court.

Franchised Divorce Paralegal Service In Valencia

Posted by Tim Blankenship on

You probably don’t know what I am talking about when I say franchised Divorce Paralegal Services, but what I am referring is the “We The People” type paralegal services and talk about the differences.

First of all, if you live in Valencia, CA, there is not a We The People document preparation service. This was a franchise location which essentially means the people that worked there were not actual skilled divorce paralegals. The franchised document preparation service works much different than what our service provides.

(By the way, we provide a full service divorce solution throughout California. If you are looking to get a divorce and would like assistance, please give us a call for a free phone consultation at 661-281-0266. We have a full service and self-help service.)

Click Here to learn more about our full service divorce
Click here to learn more about our do-it-yourself divorce

The reason I bring this up is because we are often asked how we are different from other types of services. And we are able to distinguish ourselves from these franchised services in the following ways.

We are the ones that hold the legal document registration and have the experience specializing in divorce. Not only do we only handle divorce and family law related issues, but we have worked for the courts, worked in the court’s divorce self help centers and worked for some of Los Angeles Counties largest divorce law firms.

This is not the case with franchised types legal services or even the folks that provide numerous different legal document preparation services.

The folks that purchase franchise legal service business don’t have the experience to handle your divorce case. In fact, they don’t even handle the divorce paperwork at their location. They are usually just a conduit between you and the people actually preparing the divorce paperwork. This means that you are completing a questionnaire that is sent (out of state in some cases) and prepared by people employed for the master franchise owner.

Here is why you should be concerned with this. Who do you ask when you have questions? If you are not working with someone who has experience working with the courts and understands procedures, how do you expect to successfully negotiate the divorce process.

I felt I needed to bring this to light because we get way to many calls where people have gone to other services before finding us and who were not able to get their divorce case completed because they either lacked the skills to complete their divorce or the people they paid to help them with their divorce or they never got a return call once they gave their money to them.

The point it to use a service that is licenses, who has experience and who will get the job done.

Here is a pointer. It won’t be the cheapest guy on the block!

Valencia Divorce : No Fault Divorce Means It Does Not Matter The Reason

Posted by Tim Blankenship on

It is a well known fact that in California, it does not matter who the wrong-doer is, if there is one, and the court’s do not care who did what or what the cause of the divorce is. I know that it is insensitive to say that, but nobody cares why you are getting divorce.

It is not that nobody cares, in that sense, but that it makes no difference with the outcome of your divorce who did what and does not matter who files for divorce.

(By the way, we provide a full service divorce solution throughout California. If you are looking to get a divorce and would like assistance, please give us a call for a free phone consultation at 661-281-0266. We have a full service and self-help service.)

Click Here to learn more about our full service divorce
Click here to learn more about our do-it-yourself divorce

There are some clients of ours that despite the fact that it does not matter who did what to cause the divorce, that people still feel principled in who files for divorce.

First, let me say that it does not matter who files for divorce first. It does not matter. I don’t care what a divorce attorney told you. If a divorce attorney is telling you that you should be the first to file for divorce, you can bet that they are trying to find a way to make you retain them by putting pressure on you to file. (okay, got that out of my system)

So it does not matter who files for divorce. But (getting back to my point) some people feel that if the other spouse did something wrong, that they want to be the one to file the divorce case. As if they are filing against them because they were in the right and the other person did them wrong.

I hope I am explaining that right. Let me try to be clear here. Even if you feel that you are the one that your spouse wronged, you may feel that you need to be the one to file for divorce first because you were wronged, but it does not matter. Despite this being the case, there are those that want the feeling of “I was the one that filed for divorce” and not my spouse.

While this is fine, and again, does not make any difference, hopefully you will be able to put this emotion behind shortly thereafter so that you and your spouse can get through the divorce process amicable and without having to hire attorneys for your divorce just because you are emotional and mad at your spouse.

Valencia Non-Attorney Divorces Exceed Those With Attorneys

Posted by Tim Blankenship on

Did you know that more that 60% of all divorce cases are completed without either party having an attorney for their divorce? It seems with all the stories we hear from our friends and our co-workers who all got screwed over by their attorney or spouse, we forget about all the people who decide not to go the route of hiring attorneys and find a more amicable way of doing things.

(By the way, we provide a full service divorce solution throughout California. If you are looking to get a divorce and would like assistance, please give us a call for a free phone consultation at 661-281-0266. We have a full service and self-help service.)

Click Here to learn more about our full service divorce
Click here to learn more about our do-it-yourself divorce

The legal system is called the adversarial system for a reason. Attorneys being involved with your divorce immediately puts you at odds with your spouse. This is because of the very nature of an attorney by their oath having to do everything in your best interest and fight for your rights, while your spouse’s attorney is doing the exact same thing.

This is the exact opposite of compromising during your divorce which i discussed in the last article.

Look, there is a time for an attorney when going through a divorce. This is when one spouse is not honest, is hiding assets, closing accounts and doing things to the other party that are unethical or meant to hurt the other party. Unfortunately, you will need an attorney to fight for your rights in these circumstances.

But we are not talking about these types of divorce cases. We are talking about the more than 60% of divorce cases where people do not use an attorney and I will bet that many of the people that used and attorney actually did not need one in the first place, which would put the percentage of people who actually needed a divorce attorney even lower.

There are much better options than using an attorney for your divorce. Our clients go through our office and don’t need attorneys and don’t need to go to court. Please call us for a free consultation to see if we would be a good choice for helping you and your family through the divorce process in California.

Why You Should Compromise During Your Valencia Divorce

Posted by Tim Blankenship on

The best thing you can do while going through a divorce in Valencia is to take the high road whenever you can. When you are going through an amicable divorce you are going to want to give more than you take to ensure the divorce process goes smooth.

(By the way, we provide a full service divorce solution throughout California. If you are looking to get a divorce and would like assistance, please give us a call for a free phone consultation at 661-281-0266. We have a full service and self-help service.)

Click Here to learn more about our full service divorce
Click here to learn more about our do-it-yourself divorce

This goes for both parties. Both of you need to give more than you take. By doing so this will create an environment where it seems you are both willing to bend a bit on what you want out of the divorce.

I am always telling my clients that the alternative to not being flexible or not wanting to compromise is to hire attorneys and spend a ton of money on that.

Here is an example of spending money you shouldn’t. Let’s say that you guys are stuck over some piece of property or asset worth $5,000. Let’s say that each of you want to keep it and neither one of you are willing to compromise at all. The alternative is to hire an attorney so you can fight over the issue of who it belongs to.

So you hire a an attorney and lets say they charge you the going rate of $5,000 retainer. And then your spouse hires and attorney at a $5,000 retainer. How much sense does it make to spend the same amount of money you are going to give to an attorney to fight over this asset. I have seen it done and it make no sense.

It is probably going to feel like you are compromising way more than you want to when going through a divorce. Just know that it feels exactly the same way to your spouse. Each of you are going to feel like you are compromising more than you want if you expect to go through a friendly type diovrce.

Request For Order Time Frames For Serving : Valencia Divorce

Posted by Tim Blankenship on

Filing and serving Request For Orders or RFO’s can be confusing.  I have discussed in the past, but since I have just finished up another Request For Order for a client, I thought it was a good time to go over the timeframes for serving them again.

We provide 2 options for preparing your Request For Order:

1. Full Service – We will draft, file and serve your Request For Order

2. Do-it-yourself – We have a online video tutorial with all form and example declarations

The most important thing you have to remember about serving timeframes of Request For Orders is that everything is hinged off of the court date you were given by the court.

I explain the timeframes in this video

 

There are 2 sets of timeframes you can use, whether you are serving it by mail or serving it by personal service. Please note that we are not discussing when you have to serve by personal service or by mail in this article, but to be safe, serve by personal service when in doubt.

Or click here to learn how to serve your Request For Order

Here is the way you figure out the date you have to serve your Request For Order.

Let’s say the court date is on June 30th. Everything will be working backwards of that date, so it will look like this.

17 Court days to serve the Request For Order by personal service
Plus 5 Calendar days if you are serving by mail. Again, there are restrictions on serving by mail so make sure you can serve by mail in your case.

So you will take June 30th and count backwards 17 court days. This means you need to skip over the weekends and any court holidays and make sure you don’t count them. The day you land on, will be the last day to personally serve your Request For Order. If we are using a 2016 calendar, the last day to serve the Request For Order would be June 7th. Again, make sure to check for holidays and to skip the weekends.

Keep in mind that you don’t have to wait until the last minute to serve your Request For Order, you can serve the Request For Order as soon as you have it filed and have a court date. Some people wait until the last minute to serve the Request For Order to be mean and give a shorter period of time for the other party to Respond, but that is up to you.

Make sure that once you serve the Request For Order that you file the proof of service with the court.

At Divorce661, we provide a full service Request For Order solution. We will handle the preparation of the motion, write the declaration, file and get your court date and mediation date as well as have it served on the other party and file the proof of service.

And don’t forget, we  have a do-it-yourself product where we have a video tutorial of how to properly prepare a Request For Order to obtain the best results possible.

Also, if you are looking for help with your divorce, we can help you with your full service approach or you can use our online do-it-yourself divorce service as well.

Santa Clarita Divorce FL-150 Completion – California Divorce Tutor

Posted by Tim Blankenship on

The FL-150 income and expense declaration is one of the forms that comprises the declaration of disclosure and specifically the preliminary declaration of disclosure.

This is a video where we introduce our online tutorial with California Divorce Tutor where we show you behind the scenes of our online self help divorce service. We show you exactly what you receive when you become a member of California Divorce Tutor which is the best online divorce service out there.

 

Santa Clarita Divorce Preliminary Declaration of Disclosure

Posted by Tim Blankenship on

Here you will find an intro to the video tutorials we have for the California divorce forms that you need to complete for your California divorce preliminary declaration of disclosure on California Divorce Tutor.

Santa Clarita Divorce Preliminary Declaration Of Disclosure.
Form FL-140 Declaration of disclosure

 

Santa Clarita Divorce Preliminary Declaration Of Disclosure.
Form FL-142 Schedule of Assets and Debts

 

Santa Clarita Divorce Preliminary Declaration Of Disclosure.
Form FL-150 Income & Expense Declaration

 

Santa Clarita Divorce FL-110 Form Completion – California Divorce Tutor

Posted by Tim Blankenship on

This is an introduction to California Divorce Tutor to show you how the online California divorce service works. This is s tutorial to show you a behind the scenes on how to complete California Divorce form FL-110 which is the summons.

The California divorce form FL-110 is a fairly simple form to complete and there is not a whole lot of information to complete, but there is some important information regarding the ATRO’s also known as Automatic Temporary Restraining Orders.

 

We Can Get Your Santa Clarita Divorce Case Completed FAST!

Posted by Tim Blankenship on

How long does the divorce process take?  When it comes to answering that question with regards to our office, we can get your divorce case completed in a single sitting and as fast as you can get the information to us.

But keep in mind that we are still constrained by the courts rules and timeframes. So even if we complete your entire divorce case in a single day or single meeting, we still need to process your paperwork with the divorce court per their timetables.

I explain more in this video and podcast.