Filing For Divorce In Santa Clarita

Posted by Tim Blankenship on

Filing For Divorce In Santa Clarita

When people call me to ask about how to file for divorce in Santa Clarita, many are surprised to find out that Santa Clarita does not have a family law court room.

Even worse, the Santa Clarita Courthouse has even removed some services that they used to have and consolidated them with other courts.

The first thing to do when filing for divorce is to locate the divorce forms and learn how to fill them out.  We have prepared several how to divorce videos which you can watch on our website or on our divorce661 youtube channel.

You can also get access to the fillable divorce forms which makes it easy to complete your forms and make any necessary changes.  You can find those forms on our divorce legal resources page.

Once you have located the forms and undertand what forms you need to file for divorce, you just need to fill them out.  If you need assistance completing your divorce forms, you can do what most people, and give us a call to prepare them for you.

Once you have completed your divorce forms, you will need to find out what court to file your divorce forms in.  This depends upon where you live.  You can use our divorce court locator on our divorce resources page and insert your address or zip code and the divorce court locator will let you know which court it is appropriate to file in.

To file your divorce forms, you can either go to the appropriate divorce court, or you can mail in your divorce filing so you can be issued a case number.  Make sure to send 2 additional copies of all your paperwork so the court can mail back 2 copies to you.  One for you and one for you to serve on your spouse.

Please give us a call if you would like to find out more about our affordable divorce service.  We are Santa Clarita’s only licensed and bonded legal document assistant firm which specializes in the divorce process.

Who Pays Child Support During Santa Clarita Divorce

Posted by Tim Blankenship on

Who Pays Child Support During Santa Clarita Divorce

Who ends up paying child support depends a lot on with whom he children spend most of their time.  Generally, the parent with less custodial time will end up paying support to the parent who has more custodial time or who has been considered the custodial parent and be part of the parenting plan of the divorce.

The idea behind child support is that both parents are responsible for the well being of the children.  And if one parent has the children more often than the other, then there are more expenses that need to be met and the other spouse is required to help out.

There are several factors that go into determining who pays child support and how much.  Usually the two factors are time share and how much each of the spouses make.  It is even possible that the spouse with the majority of time share pay child support to the other if their income is significantly higher.

You can play with these two numbers to attempt to determine how much child support may have to be paid.  Changing the amount of time share from 50/50 to 80/20 can have a significant influence on the amount of child support that may need to be paid.  In addition, the income of the parties will help to determine child support.

In some cases the only variable to the amount of support is the time share.  In contested divorce cases, there is generally a disagreement to the amount of time share between the spouses.

One spouse may argue for more time with the children to influence the amount of child support they receive.  The other spouse may also argue the opposite, understanding that the more time they can get, the less in child support they will have to pay.

Issues over child support can get ugly and is one of the top issues of a contested divorce.

 

Should You Quit Claim Your Home During Divorce

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Should You Quit Claim Your Home During Divorce

Something that comes up a lot during the divorce process in Santa Clarita is what to do about the home.  Many times my clients will decide who is going to keep the home and who is going to move out.

The question then becomes, “how to you get the other spouse off of title?”  The answer is not as simple as it may seem.

Yes, it is true that you would use an instrument called a “Quitclaim”.  A quitcliam is a legal instrument by which the owner of a piece of real property, called the grantor, transfers his or her ineterest to a recipient, called the grantee.  The owner therefore effectivly “quits” his or her right and claim to the property.

One issue that exists is that when you quitclaim your interest in a property, this does nothing in respect to the loan.  You are still on the hook for the loan if the spouse you quitclaim to defaults, yet have no interest in the property.

I reached out to my good friend and Santa Clarita Real Estate Expert, Connor MacIvor with the Paris911 Remax Team, and asked him his opinion on the matter.

Connor put together the below video to answer the questions about whether quitclaiming during divorce is the right way to handle it.

So what Connor and I agree on is that you are taking a chance if you quitclaim your home to your spouse and remain on the loan.  However, there is little choice in some cases.

Usually, the only way to get the spouse of the loan is to refinance the property.  And unless you can qualify on your own and assuming it is not upside down in today’s real estate market, your only other choice is to sell the property.

Despite this, most move forward with the quitclaim so they can get divorced and move on with their lives.

Lake Hughes Divorce Legal Service

Posted by Tim Blankenship on

We are your local Lake Hughes Divorce Legal Service and are located right here in Santa Clarita.

We specialize in providing affordable divorce services in Lake Hughes and are the only licensed and bonded legal document preparation service that specializes in the divorce process in Los Angeles County.

Additionally, we provide a 100% online divorce process.  You can complete you Lake Hughes divorce from the comfort of your home.  No need to drag your kids to our office.

Want to meet with us?  No problem.  We use technology to bring our office to you by using services that allow us to share our computer screens with you so you can watch us prepare your divorce forms from you home, while speaking to us and answering our questions  so we can get your paperwork completed.

Because we only specalize in divorce in Lake Hughes , California, we lead the way in experience.  We process more divorces than other legal document preparation service, because that is all we do.

Our experience in Lake Hughes divorce comes from years working with family law attorneys right here in Santa Clarita as well as working with the self help centers at our local courts and completing internships with the Los Angeles County Superior Court system in their family law departments.

We have sat in the courtrooms and watched trials.  We have seen and understand courtroom procedure.  We have also worked in the Clerks office and understand the divorce process from the perspective of the courts.

If you are looking for an experiences divorce legal service that understands the divorce process front to back, give us a call.  We provide an affordable way to get through the divorce process in Los Angeles.

We serve all the courts in Los Angeles.  Please give us a call for more information about our legal document preparation service in Lake Hughes .

Saugus Divorce Legal Service

Posted by Tim Blankenship on

We are your local Saugus Divorce Legal Service located right here in Santa Clarita.

We specialize in providing affordable divorce services and are the only licensed and bonded legal document preparation service that specializes in the divorce process in Los Angeles County.

Additionally, we provide a 100% online divorce process.  You can complete you Saugus divorce from the comfort of your home.  No need to drag your kids to our office.

Want to meet with us?  No problem.  We use technology to bring our office to you by using services that allow us to share our computer screens with you so you can watch us prepare your divorce forms from you home, while speaking to us and answering our questions  so we can get your paperwork completed.

Because we only specalize in divorce in Saugus, California, we lead the way in experience.  We process more divorces than other legal document preparation services, because that is all we do.

Our experience in Saugus divorce comes from years working with family law attorneys right here in Santa Clarita as well as working with the self help centers at our local courts and completing internships with the Los Angeles County Superior Court system in their family law departments.

We have sat in the courtrooms and watched trials.  We have seen and understand courtroom procedure.  We have also worked in the Clerks office and understand the divorce process from the perspective of the courts.

If you are looking for an experiences divorce legal service that understands the divorce process front to back, give us a call.  We provide an affordable way to get through the divorce process in Los Angeles.

We serve all the courts in Los Angeles.  Please give us a call for more information about our legal document preparation service.

Uncontested Divorce vs Contested Divorce

Posted by Tim Blankenship on

Uncontested Divorce vs Contested Divorce

When it comes to divorce, I think there is some some confusion about the difference between what an uncontested divorce and a contested divorce is in California.

You see. legal document preparation firms like us specialize in uncontested divorce cases.  Uncontested divorce cases make up approximately 80% of all divorce cases that go through the California divorce courts.

We specialize in the divorce process and can help these 80% of divorcing spouses that have an uncontested divorce.

So what is the difference between an uncontested divorce and contested divorce?

Uncontested Divorce

An uncontested divorce simply means that you did not have to appear in front of a judge to get orders made as it pertains to your divorce.  This means, you did not have to go to trial.

You can still have disagreements about the terms of the divorce and still be uncontested.  You can even go to the mediators office and the facilitators office and still have an uncontested divorce.  In fact, even if you file a motion and have a judge make temporary orders for things such as spousal support, child support or any other kind of orders, you still have an uncontested divorce.  Learn more about the basics of an uncontested divorce.

Contested Divorce 

Just because you have an attorney, does not mean your divorce is a contested case.  Contested simply means “Contest”. A contested divorce means that you went to trial.  It means that you showed up, the attorneys made arguments and a judge had to make the final decision about the terms of your divorce.

Everything else is an uncontested divorce case and you would prepare an uncontested divorce judgement.

I hope this clears up the difference between an uncontested divorce case and a contested one.  Remember that we area licensed and bonded legal document preparation service that specializes only on divorce.  Please give us a call to help you with your divorce at a price you can afford.

We are located in Santa Clarita, California and serve all the Courts in Los Angeles County.

Great Articles About Divorce In Santa Clarita | 11/1/2012

Posted by Tim Blankenship on

Every once and a while we will recap the last several articles we wrote in a week to give new life to them and bring attention to the articles to people who may not have read them when we first published them.

That said, here is a recap of the last couple articles and links to their corresponding pages.

In this first article we talk about how to create a parenting plan and the types of things to consider when preparing a parenting plan.  You can read more about how to prepare a parenting plan here.

Do you have questions about the difference between physical custody and legal custody?  If you do you can read our article called “Physical Custody vs. Legal Custody” which will address the what types of thing are covered under each of those and the difference between joint custody and 50/50 custody.

Now if you are getting ready to hire an attorney, you will want to read and understand what a divorce retainer agreement is.  A retainer agreement is a paper you will sign if you hire an attorney.  Make sure you understand that the retainer is just a deposit, not the total cost of your divorce.

But before you sign the retainer agreement, make sure to ask these great questions during your divorce consultation.  We give you some pointers on how to choose a great attorney.  We also included tips on how to interview a divorce attorney to get the most out of it.

Following the tips of the above articles will help to ensure you hire the right divorce attorney to represent you during your divorce.

We hope you enjoyed this quick recap of the last few articles and find them helpful.

We are a licensed and bonded legal document preparation firm that specializes in the divorce process and can help you get through your divorce for one affordable flat rate.  Please give us a call for more information about our service.

How To Negotiate A Parenting Plan | Santa Clarita Divorce

Posted by Tim Blankenship on

How To Negotiate A Parenting Plan | Santa Clarita Divorce

Part of the divorce process that involves children involves coming up with a parenting plan.  This is a document that discusses the way in which your children live, who with, visitation and your agreements on how you will deal with them.

There are many ways to deal with coming up with a parenting plan.  This includes the same ways we discussed on how to work towards a divorce agreement.  This includes such ideas as meeting face to fact with your spouse to discuss a parenting plan or using a neutral third party such as a friend, family member or mediator to help you come up with a workable solution for a parenting plan for your children.

Parenting plans can have a lot of detail or they can be left fairly open if the spouses are in good communication and feel they can have an open parenting plan.  But a detailed parenting plan deals with a lot more than just the days of the week each of the spouses will have the children.

The more detailed your parenting plan is, the less potential issues you will have down the road when there are disagreements or misunderstandings about what the parenting plan says.  Here, we will give you some ideas on what you may want to include in your parenting plan.

Time Sharing

  • Who does pick up and drop off and where?
  • Where will the children stay?
  • Will there be anyone else who is allowed to pick up the kids?

Rules For Contact When Not On Visitation

  • Is contact by email allowed?  Text?
  • Phone schedule that allows for communication

Birthdays and Holidays 

  • Where and wit who will the kids spend their birthdays?  Will they with the parents?
  • Who will set up the birthday parties?
  • Will you alternate holidays each year, or each have specific holidays each year?
  • Who has the kids on holidays when school is closed?
  • Will Dad have them every Fathers Day and Mom every Mothers Day?
  • What about long school breaks during the summer and winter?

There is much more to include such as:

  • Religion issues
  • Where the kids will go to school
  • What activities the children will be involved in and who will pay for them?
  • Privileges and discipline
  • Medical care and insurance

As you can see there is quite a bit that has to go into a parenting schedule.  Leave something out and you risk trouble down the road.  You don’t want to be the family that has to call the police on a Christmas because you and your former spouse did not address who has them this year.

 

Physical Custody vs. Legal Custody | Santa Clarita Divorce

Posted by Tim Blankenship on

Physical Custody vs. Legal Custody | Santa Clarita Divorce

When it comes time to discuss the custody of the children, there are two term you will want to familiarize yourself with.

Physical Custody and Legal Custody.

Legal Custody deals with the rights to make decisions about their welfare.  This includes such things as choice of religion, where they attend school, what doctor to go to and so on.

Because the courts are interested in whats best for the children of the marriage and therefore prefer that after a divorce that both parents continue to participate to make these decisions as they did when they were married.  So they prefer to keep thing where both parents share joint legal custody.

Of course, this is in cases where it is appropriate.  There are some circumstances where  a judge may be inclined to give one of the parents sole legal custody.

Physical custody refers to where the children will live on a normal basis.  Again, the Courts seem to generally prefer that parents have joint physical custody so they have equal access to both parents.

Don’t confuse joint physical custody with 50/50 custody.   One parent can be given a greater percentage of custody in a joint custody situation with the other spouse having a visitation schedule or something such as reasonable visitation.

When you file your initial divorce paperwork, you can indicate your request for physical custody and legal custody.  The same goes for the response.  When the Respondent files their paperwork they too can indicate what they want as far as physical custody and legal custody is concerned.

Physical and legal custody of the children can sometimes be an issue because it can be tied to the amount of child support a spouse may receive if one parent has more time with the children, the other parent might be required to pay more in support depending on the circumstances.

We are a licensed and bonded legal document preparation service that specializes in the divorce process.  We provide affordable flat rates for your service.  Please give us a call for more information.

 

How Does A Santa Clarita Divorce Retainer Work

Posted by Tim Blankenship on

How Does A Santa Clarita Divorce Retainer Work

Okay, I am writing this article mostly because of the clients who have called me after spending thousands of dollars on their divorce with an attorney and are not even close to being divorced.  This is not a jab at attorney, but rather at the folks who did not take the time to read the retainer agreement when they signed up with their divorce attorney of choice.

How A Retainer Works

Just about any divorce lawyer you talk to is going to want an upfront retainer fee before they will do any work on your case.  The retainer fee is also called a deposit.  A good way to look at a deposit is as your first payment toward the fees that will be charged for any work done on your case.

A retainer amount depends on a couple of factors such as the attorneys hourly rate and the complexity of your case.  But in most cases, the retainer amount will be the going rate for you community and what they think they can get out of you before you walk down the street to the next building full of divorce attorneys.

I was reading an article in a self help book and it says that retaines are usually around $10,000 to $15,000.  I disagree. In my experience working in major law firms in Santa Clarita, the retainer amount is usually around $5,000.

But either way, that money goes fast when you attorney is charing you $40o per hour.  You do the math.  How many hours of work are you going to get on the $5,000?

The retainer you pay goes into the lawyers trust account and it is withdrawn from the trust account as the hours are worked and the fees are charged on your case.

Once the deposit is gone, the attorney will either send you a bill each month for the additional charges or ask you for a new deposit.

What A Retainer Is Not 

A retainer is not the total of your costs or the estimate of what it will cost to complete your divorce.

I have had too many people call me telling me their attorney blew through $5,000 and nothing has been done.  They thought that the $5,000 was the total cost of getting divorced.  It wasn’t.

You have to use common sense here.  There is no way an attorney can tell you the total cost of getting a divorce.  They may provide you with an estimate, but that is all it will be.

The only way to know your total costs of divorce are to work with a fixed fee service.  There are no attorneys to my knowledge that do this.

Our divorce service, however, operates on a fixed fee basis.  What we quote you for your divorce will be the total cost to get you through the divorce process.  No hidden fees or hourly rates here.  Give us a call to find out how affordable our rates are.