Should You Sign Divorce Papers You Have Been Mailed – Santa Clarita Divorce

Posted by Tim Blankenship on

So there is a lot of confusing about divorce, that much we can agree on. That is why i write all these articles on divorce and record videos. It is all about getting information out there to lessen the confusion.

Today we are talking about what you should do if you are mailed divorce papers and asked to sign for them. The reason we are explaining this is because people think that if they sign papers they received, that it means that they agree. This is not true.

What we are talking about here is the very first papers filed in a divorce. These first document have to be personally served on your spouse. But there is a way that you can simply mail the forms to your spouse if they are willing to sign a document which says they received them.

But here is the problem. Spouses receive the divorce documents and think by signing anything that they are agreeing to what is contained in the divorce papers. This could not be further from the truth.

The form we are talking about here is the notice of acknowledgment of receipt. It is a form one signs to acknowledge having received the paperwork. It says nothing to the effect that by signing you agree to anything. In fact, it says right on the form that this is not a response form and if you disagree with anything in the divorce papers you were served, that you need to file a response.

Let me help drive this point home. I previously stated that these initial divorce documents normally have to be served. So if your spouse hires a process server and has someone hand deliver them to you, does that mean you agree to what is contained in the divorce papers? Of course not.

Signing the notice of acknowledgment of receipt is not different. The only reason not to sign that you received the divorce papers is to be difficult. At least that is what i tell my clients when they say their spouse won't sign indicating they received the papers.

If people would just take a few seconds to actually read the forms they will realize that what i am saying it true.

 

Divorce Forms You Have To Complete After Hearing – Santa Clarita

Posted by Tim Blankenship on

Lately, I have had a lot of clients go to court for hearings to get some temporary orders. There are certain forms one has to complete after a hearing and wanted to discuss that with you.

When you go to court and ask the judge to make orders, say on a request for order, if order are made, you will have to fill out what is called an order after hearing.

An order after hearing is exactly what it sounds like… An order after the hearing. This is where you will fill out the form and indicate what orders the court made so the judge can sign it and make is official.

So here is how it works You go to court. The judge makes orders. Then these orders have to be placed on the order after hearing forms. Sounds easy, but there are some rules on how to do this which I will explain now.

Once the hearing is over, you will need to obtain a copy of the minute order. The minute order contains the information you will need and is a summary of what was ordered at your hearing. Usually, this will take about 3 days for the clerk to enter so you will have to go back to court to get it.

Once you have the minute order, you can complete the order after hearing. The order after hearing form has several attachments depending on what was ordered so make sure to check the appropriate boxes and attach the correct forms.

Then what you have to do is mail the order after hearing to the other party who needs to review it and sign it. They have 10 days to sign it or otherwise tell you there is something wrong with the language. Once it is agreed and the other party signs the order after hearing, it can be submitted to the judge for signature. Once the judge signs it, it will become an official order.

 

Divorce Motions, Response And Reply Tips | Santa Clarita Divorce

Posted by Tim Blankenship on

We talk a lot about how to file motions, request for orders and order to show cause filings quite a bit.  We also, of course, provide this as one of our divorce services here in Santa Clarita.

In this article, and videos below, we are going to talk about the three components of filing these types of motions along with the due dates you have to follow and how to file and serve them.  We will go into great detail about how to file the motion and how to respond to one if a motion has been filed on you.

In this video below we will talk about the due dates and how to file and serve a motion such as a request for order or order to show cause.  The first thing you will do is prepare your motion and then file it with the court.  You have to file it and get a court date before you can serve it.  Here is the rule.  You have to personally serve your motion 16 COURT days before the hearing date.  If you are going to mail it you need to add 5 calendar days.

Watch this quick video where I discuss the procedure of filing and serving a motion as well as the due dates in which to serve them.

Now that you understand the process of filing a motion and the respective due dates for serving it, let’s talk about what you do if you have received a motion and you need to reply to one.

When someone files a motion and serves you, you have an opportunity to file a response.  Your response will be to tell your side of the story and whether your agree, disagree or would like different orders made than requested by the moving party or person who filed the motion.

The responsive declaration also has to be done within a certain period of time just like the original motion.  So for the responsive declaration to a motion you have to file and personally serve 9 COURT days before the hearing.  Why do I keep emphasizing court days?  Because you have to be careful and check for court holidays and skip the weekends.  It could be as much as 15 days before the hearing with court holidays and weekends involved so make sure you check.  I get a lot of people who call me to file a response and it is already too late.

Watch this quick video about filing the responsive declaration.

Now, there is just one last thing to discuss and that is the Reply Declaration.  The Reply is what the person who filed the motion will do.  It is their last chance to get the final say of what their position is in regards to why the judge should make the order that they requested.  The Reply Declaration needs to be filed and served 5 COURT days before the hearing.

Here is a quick video discussing the reply declaration.

So just to recap, you first have the original Motion followed by the Responsive Declaration and then the Reply Declaration.

We can help you prepare and file your motion, responsive declaration and reply declaration in Los Angeles County.  We specialize in divorce and can help you prepare an attorney quality declaration for your divorce case.

California Uncontested Divorce Form Judgment Checklist – Santa Clarita Divorce

Posted by Tim Blankenship on

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.

 

Looking For A Divorce Document Assistant In Santa Clarita

Posted by Tim Blankenship on

If you are looking for a divorce document assistant / preparer in Santa Clarita, you have found the right company. In fact, you have found the only company in Los Angeles County that is licensed and bonded to provide legal services and who specializes only on divorce.

It just so happens that we are the only game in town if you are looking to save money on your divorce and have your divorce case and forms expertly prepared by our legal document assistants.

Folks have been flocking to our service in record numbers and not just from Santa Clarita. When people realize they can have their entire divorce case handled by company for an affordable price, they are driving in from Los Angeles, Palmdale/Lancaster, Pomona, San Fernando Valley and Ventura.

Even folks who live outside of driving range are still using our divorce service. We have a system in place that allows us to completely handle your divorce case over the phone, email and fax.

What people like is that they never have to go to court or worry about how to complete the divorce forms. We take care of all of that. We even file all your forms with the court, keep a running file and keep your case moving through the court system.

When people call us, they are amazed at how much information we provide over the phone. Some say they have called other paralegal companies and they just did not get a good feeling about them. But after talking to us, felt very comfortable saying we provided so much information that they fully understood the divorce process.

There is reason for this. We did not just decide one day to provide a divorce document preparation firm. We worked for the Los Angeles Superior Courts for several years (and still volunteer to this day). We also worked at some o LA County's largest family law firms. In addition, we only specialize in divorce cases.

If you are looking for Los Angeles County's number one divorce document assistant company, look no further.

Give us a call and we would be happy to explain our service. One call with us and you will know why people come to us to assist them with their divorce in Los Angeles.

California Divorce Tip # 1 – A Cheaper Way To Divorce In California

Posted by Tim Blankenship on

Sometimes I feel like I am the only one that talks about divorce on our blogs. I think because i am. At least about how to save money on divorce and how the divorce process works in California.

I decided to do a daily or weekly tip on divorce that will talk about just about anything from home to complete forms to have to save money, etc.

Today's tip is about something we talk about fairly often, but could always use more exposure. This is about the benefits of filing a hybrid divorce. We know we are starting to get some traction and getting the word out about hybrid divorces in California because we are starting to get calls from new clients saying they watched our video and want to file a hybrid divorce.

A hybrid divorce is simply a cross between a default divorce and a divorce where your spouse filed a response. Most people (attorneys that is) will tell you that you have to file a response if you want to be involved in the case. This is not true.

Here is the definition of a hybrid divorce. “The Petitioner filed for divorce, and no response was filed. The parties will complete their financial disclosures and enter into a written agreement”.

So what the courts are telling us is that it is possible to enter into a written agreement in your divorce without having to file a response.

In all of my divorce cases, I prepare a hybrid divorce for my clients. Doing so, allows the parties to save over $400 in filing fees.

People have come to us because they don't want to spend money on attorneys fees. So obviously cost is a concern. That is why we have made a point of discussing these money savings tips about divorce and a cheaper way of getting divorced in California.

We are are a licensed and bonded legal document assistant firm headquartered in Santa Clarita, CA. We serve all the courts in Los Angeles County and California.

Please give us a call if you would like to learn more about the hybrid divorce process as a cheaper way to get divorced in California.

 

Do You Have A Short Term Marriage – Santa Clarita Divorce

Posted by Tim Blankenship on

Over the years, I have helped people that have been married for only a few weeks to folks who have been married almost 50 years. Is divorce any different for short term marriages? The answer is a resounding yes and no.

For the most part, there is no difference in the actual divorce process. Regardless of how long or how short your marriage was, the process and forms that are necessary to complete to get divorced are the same.

For instance, you still have to file for divorce. You have to complete a summons and petition no matter what the length of marriage is.

The main difference in a short term marriage is mostly about how much community property is involved. Just as a brief recap, community property is that which you accumulated during the marriage and separate property is that which you had before marriage.

So lets say you were only married for 6 months. The assets and debts you accumulated during those six months would be subject to being divided. The assets and debts you accumulated during those 6 months are going to be much less than say someone married for 20 years.

But what about that home you owned before marriage? Does your spouse have any right to your home? This is where we separate what is law and what makes sense. Should your spouse have any right to your home you owned before you were married if you were only married for 6 months? I don't think so.

Short term marriages, defined by the courts as anything less than 10 years, have some different rules surrounding things such as spousal support as well.

So there are some differences between a short term marriage and long term marriage as far as certain financial aspects, but the process, forms and procedure of getting divorced never change.

A short term marriage, you could say, may be slightly easier as there is less assets and debts to divide and list on the final judgment.

There is no shame in ending a short term marriage. Sometimes you just grow apart or were never meant to be. If you gave it your best shot and it makes sense to get divorced, then it is what it is.

What I tell people is that they are not setting any records by only being married a short time. We have seen it all.

Don’t File A Summary Divorce – Los Angeles Divorce

Posted by Tim Blankenship on

I keep reading articles and watching videos from companies who say that summary divorce is the way to go. The fact of the matter is that you don't want to file for a summary divorce. I am going to tell you why.

But first, let's talk about why others in the industry say it is the way to go. Others will tell you that it is an easier way of getting divorced. That there is less paperwork, and it is a faster process. I totally disagree with this assessment.

The paperwork you need to complete in a summary divorce is no less than a regular divorce. The paperwork is just different. The paperwork is not any easier either. If you have never completed any of the divorce paperwork before, either way is going to be just as confusing and difficult.

And here is the kicker….

SUMMARY DIVORCE IS TWICE AS EXPENSIVE

That's right. Summary divorce is going to cost you twice as much money to file as it will if you just do a standard divorce.

Why? Because a summary divorce is what is considered a “Joint Petition”. This means that both of you are the Petitioner. You have Petitioner #1 and Petitioner #2. This is instead of there being a Petitioner and Respondent.

On the summary divorce, because it is a joint petition, YOU BOTH HAVE TO PAY THE FILING FEE!

This means that instead of paying the $435 filing fee, you now have to pay $870!

This is not the case on a standard divorce. In a regular divorce, only one party has to pay the filing fee. The other party will simply not file a response and not have to pay the filing fee.

If you were going to file a summary divorce, you know you have to be in total agreement from the beginning. If you are in agreement to get divorced and to the terms of the divorce, you can decide who is going to file and who will not respond and default.

It is called a hybrid divorce which simply means that one party filed, the other party did not respond, but you are proceeding by agreement and both parties will sign the judgment.

For more information about hybrid divorce cases, you can search our site or check out our youtube channel where we cover it in great detail.

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

 

Conduct Due Dilligence Before Hiring Divorce Paralegal In Santa Clarita

Posted by Tim Blankenship on

Conduct Due Dilligence Before Hiring Divorce Paralegal In Santa Clarita

Today I want to talk about the importance of conducting due diligence research before hiring a divorce paralegal firm in Santa Clarita or anywhere in Los Angeles County for that matter.

Yesterday I received a call from a new client who was doing just that. Actually, the client who called me the day before called and we discussed how we can help them. The next day, I received a call from her relative who was interested in vetting me and my company.

I wish everyone would do this before hiring someone to help them with their divorce. It would save people so many problem and it would help me as well.

There are a lot of scam artists and folks calling themselves paralegals that have no business offering divorce services. These folks will take your money, do a bad job and leave you hanging. Be wary of the low cost option when it comes to divorce services.

So how can you make sure you are working with a legitimate company? Here are a few ways you can check out a company before you ever pick up the phone.

  1. Conduct a search for reviews or complaints online. For instance you could Google “Reviews for SCV Legal Doc Assist Santa Clarita”. When I did, Yelp was the first to come up and show our 5 Star reviews.
  2. Read the client testimonials on thier website. Our testimonials are actual client testimonials, but beware of companies making them up. Usually you can tell if the owner made them up on their own.
  3. Make sure they are licensed and bonded. In order to provide legal services, one must be a “Legal Document Assistant” Anyone who calls themselves a “Paralegal” is not allowed by law to work for you without attorney supervision nor can they create a client relationship directly with you.
  4. Read the content on their website or blog to learn about the company (if they even have one). Read the “about” page. I write all our articles on www.divorce661.com and other blogs. They are written from personal experience with current clients and are very informative. Also check to see if they publish their pricing. We do!
  5. Watch a few YouTube videos, if they have any. We have almost 100 videos about divorce and the divorce process.
  6. Listen to any Podcasts they may have done. We routinely broadcast a Podcast “audio” feed and upload it to our blog. Here we offer tips and tricks about divorce.

Now that you have done this, which would probably take you all of 15 minutes, you can pick up the phone and call the company.

The people that do some or all of these things makes for a much more productive conversation  They already know about me, what I look like, sound like, etc. Now we can get down to business and talk about how we can help you get through this thing they call divorce.

 

Divorce Paralegal Services Plus Limited Scope Attorney Representation

Posted by Tim Blankenship on

Divorce Paralegal Services Plus Limited Scope Attorney Representation

We are very excited to announce that you can now use our divorce paralegal service in Santa Clarita and also receive limited scope attorney representation.

This is how it works. When you decide to use our divorce legal document preparation service, we will take care of all the paperwork related to your divorce. We will prepare, file and serve all documents and complete your divorce for you.

If, for some reason, you case has issues that end you up in court, we can refer you to a flat fee attorney service who represent you in your hearing.

Limited scope representation simply means that the attorney is representing you for a specific function and when that has ended, so does the representation.

Let me give you an example of how this would work. I have a client whose spouse filed a motion and there is an upcoming hearing. Husband came to me to assist in drafting his response and declaration.

He was feeling a little uneasy about representing himself in court because his wife had an attorney. But at the same time, he did not want to spend the $3,500 to be represented in court.

So he came to me and used our affordable document preparation service to draft his response and declaration saving him thousands of dollars. Then we referred him to a divorce attorney who was willing to represent him just at the hearing.

Essentially, he will only be paying the attorney for the hours he spends in court. This is a tremendous savings for him. Not only does he get expert divorce document preparation, but also receives attorney representation at his hearing.

Limited scope representation is not something new. However, attorneys don’t like to offer this service because there is more money to be made in full representation.

Please give us a call to learn more about how using our divorce paralegal service and a limited scope attorney service can help save you thousands of dollars on your divorce.

We are headquartered in Santa Clarita and specialize only on divorce and serve all of Los Angeles area courts.