How to Prepare Divorce Documents for San Bernardino County Court | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Prepare Divorce Documents for San Bernardino County Court

I’m Tim Blankenship of Divorce661. In this guide I’ll walk you through exactly how to prepare divorce paperwork for San Bernardino County so your case isn’t delayed or rejected. I explain the required forms, the mandatory disclosures, how service works, what goes into your judgment package, common mistakes to avoid, and what we do to help clients get their divorces approved quickly.

Overview: The process in a nutshell

Filing for divorce in San Bernardino County follows a predictable sequence. Get these steps right and you avoid the most common cause of delays: court rejections for missing or inconsistent paperwork.

  1. File the initial paperwork (Petition, Summons, and UCCJEA if you have children).
  2. Legally serve your spouse.
  3. Complete and exchange Preliminary Financial Disclosures (mandatory).
  4. Prepare and submit your Judgment package (includes Marital Settlement Agreement if applicable).

Step 1 — Initial filings: Petition, Summons, and UCCJEA

The very first documents are the Petition and Summons. If you and your spouse have children under 18, you must also complete the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) form. These establish the court’s jurisdiction and the basic requests in your case (dissolution, property division, custody, support, etc.).

Important tip: San Bernardino accepts eFile for family law documents, so you often don’t need to visit the courthouse in person. However, the forms must be filled out completely and accurately before you submit.

Step 2 — Service: Getting the papers to your spouse

After filing, your spouse must be legally served with the court papers. Service must follow California rules (personal service by a non-party over age 18, or a court-approved method such as substituted service or service by mail when appropriate). The court will not proceed until service is complete and proof of service is filed.

Step 3 — Preliminary Financial Disclosures (mandatory)

San Bernardino courts require both parties to exchange preliminary financial disclosures before the court will review or finalize resolutions. These are not optional.

The required disclosures include:

  • Schedule of Assets and Debts (FL-142): A full accounting of community and separate property, liabilities, retirement accounts, real estate, and other assets.
  • Income and Expense Declaration (FL-150): Monthly income, deductions, and expenses used to calculate temporary support or to inform negotiations.

Complete these forms carefully. Omissions, wrong numbers, or inconsistencies between forms are the most frequent reasons for court rejections later on.

Step 4 — The Judgment package: what the court expects

The last major step is preparing your judgment package for submission once the parties have reached agreement or completed required processes. This package typically includes:

  • Marital Settlement Agreement (if you have one)
  • Final Judgment forms
  • All required attachments and disclosures
  • Any custody agreements or child support worksheets

San Bernardino courts are strict about completeness and internal consistency. If numbers, names, or dates don’t match across forms, the court will reject the package and send it back for corrections.

San Bernardino courts are strict. If anything is missing or filled out incorrectly, your case will be rejected.

Common mistakes that lead to rejection (and how to avoid them)

  • Inconsistent financial numbers across the Income and Expense Declaration, Schedule of Assets and Debts, and settlement agreement — cross-check all figures.
  • Missing signatures or notary where required — always sign and date every form that requests it.
  • Using the wrong county-specific forms or outdated versions — always download the current forms and local mandatory attachments for San Bernardino County.
  • Leaving blanks instead of writing “N/A” or “None” — courts interpret blanks as incomplete.
  • Poorly executed proof of service — follow service rules exactly and file proof promptly.
  • Failing to exchange Preliminary Financial Disclosures before trying to submit the judgment package — disclosures are required prior to court review.

A real example: how careful review speeds approval

We recently helped a San Bernardino couple who prepared their own paperwork and submitted a judgment package that the court rejected due to inconsistencies. We reviewed every form, corrected the discrepancies, completed missing attachments, and refiled everything electronically. Because the revised package was complete and consistent, the court approved their divorce within a few weeks.

Practical checklist before you eFile

  1. Confirm you have the correct, current San Bernardino forms and attachments.
  2. Complete Petition, Summons, and UCCJEA (if kids).
  3. Arrange legal service and prepare proof of service.
  4. Prepare and exchange Schedule of Assets and Debts and Income and Expense Declaration.
  5. Draft Marital Settlement Agreement (if applicable) and assemble the full Judgment package.
  6. Cross-check names, dates, and numbers for consistency across all documents.
  7. Sign and notarize where required, then eFile through the court’s system.

How Divorce661 helps

At Divorce661 we specialize in preparing and filing complete, court-ready divorce paperwork for San Bernardino County. Our service includes:

  • Flat-fee pricing for predictable costs
  • 100% remote service with eFile submission
  • Filing, service coordination, disclosures, and judgment preparation handled start-to-finish
  • Attention to San Bernardino’s strict local requirements to prevent rejections

If you’d like help preparing your divorce documents in San Bernardino County, visit Divorce661.com to schedule a free consultation. We’ll review your situation, prepare the forms correctly the first time, and keep your case moving.

Final thoughts

Filing for divorce can be stressful, but most delays come from paperwork problems that are avoidable. Follow the sequence: file the Petition and Summons (and UCCJEA if needed), serve your spouse correctly, exchange Preliminary Financial Disclosures, and prepare a consistent, complete Judgment package. Cross-check everything before eFiling, and if you’re unsure, get help—fixing mistakes later costs time and money.

For a free consultation and help with San Bernardino County divorce filings, go to Divorce661.com.

 

What To Do When One Spouse Lives Out Of Country In California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

What To Do When One Spouse Lives Out Of Country In California Divorce

Divorce can be complicated under the best of circumstances, but when one spouse lives outside of the country, the process can become even more challenging. Navigating the legal requirements across international borders requires careful planning and understanding of how California’s divorce system works when one party is abroad. In this article, I’ll walk you through the essential steps and considerations to keep in mind if you find yourself facing this situation.

My name is Tim Blankenship from Divorce661, and I’ve helped many clients manage divorces involving spouses living overseas. The good news is, this scenario is more common than you might think, and there are ways to simplify the process — especially if both parties are amicable. Let’s explore what you should do when filing for divorce with one spouse living out of the country in California.

Understanding the Challenges of International Divorce Filing

When one spouse lives abroad, several logistical and legal hurdles come into play. One of the biggest issues is service of process — making sure the spouse living out of the country is properly notified about the divorce proceedings. California law requires that the respondent be served with divorce papers, and when they live overseas, this can involve international service protocols, consular involvement, or even notarization requirements.

Another challenge is how to handle the documentation, especially when it comes to signing and notarizing legal papers. Many courts require notarized signatures on certain documents, but finding an acceptable notary abroad can be difficult. Usually, only a U.S. consulate or embassy notary is accepted, and scheduling and completing these notarizations can be a real hassle.

Why It’s Best for the Out-of-Country Spouse to File

If you and your spouse are on good terms and the divorce is amicable, one of the smartest moves is to have the spouse living overseas be the filing party. Here’s why this strategy works well:

  • Eliminates the need for notarization of the filing documents: In a default with agreement divorce, the court typically requires notarized signatures from the responding party. If the out-of-country spouse is the respondent, their documents must be notarized, which usually means visiting a U.S. consulate or embassy abroad.
  • Reduces logistical complications: When the overseas spouse files first, they are the petitioner, and the other spouse becomes the respondent. The petitioner’s documents do not typically require notarization, so this arrangement avoids the complicated consulate notarization process.
  • Simplifies the court process: By having the filing spouse be the one living abroad, the court can process the divorce without waiting for time-consuming notarization or international service verification that could delay the case.

This approach can save significant time, frustration, and expense. The fewer hoops you have to jump through, the smoother the divorce process will be for everyone involved.

How to Proceed Step-by-Step

If you decide to have the spouse living overseas file for divorce, here’s a general outline of the steps to follow:

  1. Confirm Residency Requirements: California requires that at least one party has lived in the state for six months, and in the county where the filing is made for three months. The spouse living in California should meet these requirements to initiate or respond to the filing.
  2. Prepare the Divorce Petition: The out-of-country spouse, acting as the petitioner, will complete the necessary divorce paperwork. This includes the petition for dissolution of marriage and any related forms.
  3. File the Petition with the Court: The overseas spouse or their representative files the petition with the appropriate California court. This can sometimes be done by mail or through an attorney if they cannot appear in person.
  4. Serve the Respondent: The spouse living in California will be the respondent and must be served with the divorce papers. Since they are in the U.S., this step is straightforward through standard methods of service.
  5. Responding to the Petition: The respondent spouse then files a response, agreeing to the terms or contesting them if necessary.
  6. Default with Agreement Divorce: If both parties agree, the divorce can proceed as a default with agreement, simplifying the process. Since the overseas spouse is the petitioner, they are not required to get documents notarized in a foreign consulate.
  7. Finalize the Divorce: Once all paperwork is in order and any waiting periods have passed, the court will issue the final judgment of dissolution of marriage.

Important Considerations When One Spouse Lives Abroad

While the strategy of having the overseas spouse file first is effective, there are some additional points to keep in mind:

Communication and Cooperation Are Key

This approach works best when both spouses are amicable and willing to cooperate. If there is conflict or disagreement about custody, finances, or property division, the process can become more complicated and may require legal representation on both sides.

Legal Representation May Be Necessary

Spouses living abroad may want to retain a California divorce attorney to help navigate the filing process and ensure all paperwork is completed correctly. An attorney can also communicate with the court on the spouse’s behalf if they cannot appear in person.

Understanding Jurisdiction

The California court must have jurisdiction over the divorce case. This means that the spouse filing or responding must meet the state’s residency requirements. If the overseas spouse has not lived in California recently, filing may not be possible from their end. In such cases, the spouse residing in California usually initiates the divorce.

Service of Process Abroad

When serving divorce papers internationally, specific rules apply under the Hague Service Convention or other international agreements. While this is more relevant when the overseas spouse is the respondent, having them as the petitioner avoids this complexity.

Notarization Requirements

One of the most significant benefits of having the overseas spouse file first is avoiding the need for notarization at a U.S. consulate or embassy. Courts require notarized signatures from the respondent in default with agreement divorces, and arranging this abroad can be a logistical headache. By making the overseas spouse the petitioner, their paperwork is exempt from this requirement.

Common Questions About Divorce When One Spouse Lives Out of Country

Can I file for divorce in California if my spouse lives in another country?

Yes, as long as you meet California’s residency requirements, you can file for divorce even if your spouse lives abroad. The court can proceed with the case, but international service and notarization rules may apply.

What if my spouse refuses to participate in the divorce?

If the overseas spouse refuses to respond or participate, you can still proceed with a default divorce. However, you must ensure proper service of process according to international laws. The court will require proof that your spouse was served with divorce papers.

Is it possible to complete the entire divorce process remotely?

Yes, many parts of the divorce process can be completed remotely, especially if both parties agree. Filing can be done by mail or through an attorney, and hearings can sometimes occur via video conference, depending on the court.

Do I need a lawyer if my spouse lives overseas?

While not mandatory, having a lawyer is highly recommended. They can help manage the complexities of international divorce filings, ensure all legal requirements are met, and protect your interests.

Conclusion: Simplify Your California Divorce When One Spouse Lives Abroad

Divorcing when one spouse lives out of the country can be daunting, but with the right approach, it doesn’t have to be overly complicated. The key takeaway is to have the spouse living overseas be the filing party whenever possible, especially in amicable cases. This strategy avoids the need for difficult notarization at foreign consulates and streamlines the court process.

Remember to verify residency requirements, understand the service of process rules, and consider legal counsel to guide you through the process. With clear communication and the right preparation, you can navigate your California divorce smoothly, even across international borders.

If you want more detailed guidance or personalized assistance, feel free to reach out to professionals experienced in California family law and international divorce matters.

— Tim Blankenship, Divorce661

3 Ways You Can Serve Your Spouse During California Divorce | California Divorce

Posted by Tim Blankenship on

 

3 Ways You Can Serve Your Spouse During California Divorce

Going through a divorce can be tough, and the process can often feel overwhelming. One of the key steps in any divorce is serving your spouse with the divorce papers. It’s a common misconception that you must personally serve these documents. In this post, we’ll explore three effective methods to serve your spouse during a divorce in California, focusing on how to keep things as amicable as possible.

Understanding Service of Process

When you file for divorce in California, one of the first things you must do is serve your spouse with the divorce papers. This is a legal requirement and ensures that your spouse is informed of the divorce proceedings. Proper service of process is crucial; failure to do so can lead to complications down the road.

Method 1: Personal Service

Personal service involves having someone deliver the divorce papers directly to your spouse. While this method is widely recognized, it is not always necessary, especially in amicable situations. However, if you and your spouse are starting from a contentious place, personal service might be the way to go. This method requires that the documents be served by someone who is at least 18 years old and not involved in the divorce.

In most cases, personal service is not our first choice. We typically reserve this method for situations where the other party is uncooperative. If you find yourself in a high-conflict divorce, personal service can be a last resort, but it’s best to try to keep things civil whenever possible.

Method 2: Service by Mail

The second method, which is often more suitable for amicable cases, is service by mail. Here’s how it works: you can have a friend or a relative mail the divorce papers to your spouse. Along with the papers, you should include a form known as the Notice of Acknowledgment and Receipt. This form is essential because it serves as proof that your spouse has received the documents.

Once your spouse signs the form acknowledging receipt, they must return it to the sender. You can then file this signed form with the court as proof that you have served your spouse. This method is particularly effective and is how we handle approximately 90% of our amicable divorce cases in California.

Method 3: Certified Mail

If your spouse lives out of state, you can still use the Notice of Acknowledgment and Receipt method. Alternatively, you can send the divorce papers via certified mail with return receipt requested. This means that when the post office delivers the papers, your spouse will sign to acknowledge receipt.

Once you receive the signed receipt back from the post office, you can file this as proof of service with the court. Utilizing certified mail is a reliable way to ensure that your spouse receives the documents, even if they are not in the same state.

Why Personal Service Should Be a Last Resort

It’s vital to understand that serving divorce papers can set the tone for the entire divorce process. If you choose to have your spouse personally served, it can create unnecessary tension and hostility. No one enjoys being served papers, and even if your divorce is amicable, having a process server show up at their workplace or home can be jarring.

Whenever possible, aim for methods that promote cooperation and understanding. By choosing mail or certified mail, you can avoid the discomfort that often accompanies personal service. Remember, the goal is to keep the process as smooth and amicable as possible.

Conclusion

In conclusion, serving your spouse during a divorce in California doesn’t have to be a daunting task. By understanding the different methods available—personal service, service by mail, and certified mail—you can choose the best approach for your situation. Always consider the nature of your relationship with your spouse when deciding how to serve them, as the method you choose can significantly impact the divorce process.

Whether you are navigating an amicable divorce or a more contentious one, it’s crucial to follow the proper procedures to ensure everything is handled legally and respectfully. If you have questions or need assistance with your divorce, don’t hesitate to reach out to a professional who can guide you through the process.

 

How To Serve California Divorce Papers

Posted by Tim Blankenship on

In this article (and video) we are discussing how to serve divorce papers in California.  This would be the next step in the divorce process in California after you have completed and filed your summons and petition.  If you have not prepared your divorce papers yet, go back to this article and watch step one on how to complete your summons and petition.

In this series of videos we are discussing how to prepare your divorce forms or going through the divorce process in its entirety per California court website, we’re essentially just going form by form and discussing each of the forms.

If you are attempting to complete your own divorce Make Sure To Use Our Automated Divorce Software or call us for our full service divorce solution where we will take care of everything for you.

In the previous video we talked about the initial forms to file for divorce, the summons and petition; we’ve also prepared videos to discuss exactly how to fill them out step-by-step.

This video is going to be discussing in serving of the forms. So, let’s take a look at the court website and look at what they consider to be step two of the divorce process which is service of the forms.

Below is a transcript of the video.

So what they’re saying here is that someone 18 or older and not the petitioner, so not you or the person who’s filed in the initial paperwork serves the paper work on the other party which is now, from here on out going to be called the respondent.

You file, or you serve rather, those documents along with a blank FL-120 form, which is a response form. Whenever you file, or whenever you serve documents, generally you’ll have to serve it with a blank copy of what they’re supposed to file in response to what you’ve filed.

We’ll talk about that in other videos. So, let’s talk about the two different forms of service. Now, when I work with clients, generally these are clients that are representing themselves; they don’t have an attorney, and they are generally uncontested matters, which means both parties are mostly in agreement or they’re going to use the court system to help them get them get through the process, either through the facilitator’s office or the mediators office.

But they’re not going to use attorneys; they’re going to kinda work it out on their own, and I’ll prepare the divorce paperwork for both parties.

So that said, there are two different types of service. The process of service of getting the forms served is what will initiate the divorce process, because technically you can file for divorce, never serve it, and the courts will never know what’s going on; so once you’ve served the forms that’s what will start the divorce process essentially, and that’s when the six-month waiting period begins.

It’s when that form is served. So it’s important that this is done correctly. I’ve spoken with clients who have gone, what they thought, all the way through the divorce process, but they never filed some of these crucial documents, so let’s talk about them now.

We’re going to talk about the FL-115. The FL-115 is the proof of service of summons. This is a specific form that you will file with the court if you are gonna have a third party serve the paperwork on your spouse.

So let’s say you filed the paperwork, got that paperwork back from the courts, now you’re going to have your adult son, or a neighbor hand this paperwork to your spouse. And so what you’ll do is that person will fill out their name and address here, phone number, okay, all the same court information is going to go on here like it did on the summons and petition on the previous videos; street address of the court, mailing address of the court, city, branch, name, you’re the petitioner, the respondent’s name.

At this point you’ll have your case number so make sure you indicate that here. And what you’re gonna say that here that you filed the Family Law petition FL-100. Summons FL-110, and a blank response, and there’s FL-120. You can get these forms online or give me a call if you have to provide it for you.

And the party who serves them, so your neighbor, adult child or whoever you have to serve this paperwork, is going to fill this out. You’re gonna hand this to them and they’re going to have the forms to your spouse, and then they’re going to type in here or hand out in here, where they were served, that is was done by a personal service, on what date at what time.

And page 2, they are going to go down here and say that that the notice of the person served was done as an individual, and the name of the person you served will go here, their address, their phone number, you’re gonna say they’re not a registered process server, due to most cases they won’t be, then they’re gonna date it, then they’re gonna sign it.

Now, this is important that this form is filed, this is not given to the other party; you’re gonna hand the divorce paperwork to your spouse, this form needs to get filed with the court to notify them that in fact, the other party has been served.

Now, in uncontested divorce cases, where let’s say you and you’re spouse are mostly in an agreement, you’re going to go forward in cooperation to the divorce process, what I like to do is attempt to do an alternate method of service, which kinda keeps things from heating up; no one like being handed paper from someone they don’t know, saying you’ve been served, which is this process here.

So, what we’re gonna discuss is this alternate method of service, called notice and acknowledgement of receipt. This is an alternate proof of service where you and the other party, so your spouse, simply sign a form acknowledging the fact that they’ve been served.

So instead of them being handed paperwork and being told they are being served divorce paperwork, you can literally, this is technically supposed to be mailed from another party, so where I’m working with both husband and wife, I’ll get the papers back from the court, I’ll mail this to the other spouse with a letter indicating that if they sign this they don’t have a process server come out, it takes money.

So you fill this out for them,and I’ll indicate the form’s again, just very similar to the other form, there’s petition, summons, and a blank response is on here. So you can send this to them, I would date this, then I’d put my name, then send this; and then the spouse being served will simply indicate the date they’ve received it, print their name and sign it.

And this, just like the other form, will be filed with the court. And this is a substitute of service; it’s just as good as serving with a process server. And again this makes it, in trying to keep it uncontested, and keeping the parties talking and cordial as they can be; it is a divorce, so there are gonna be some … this is the form we’ll be likely used.

My name is Tim Blankenship, owner of SCV Legal Doc Assist, licensed and bonded legal document preparation firm, specializing in the divorce process, and we can work with you all throughout California.