how to get a divorce in california and alimony without a lawyer

To get a divorce in California without lawyers, spouses must first file their initial divorce papers, then attend mediation. Once divorce terms are settled in mediation, draft a final divorce agreement. Submit it to the court to get a final divorce judgment.

Full Answer

What are the California divorce laws?

Another important piece to California divorce laws is that California is a no-fault state. What this means is that you do not have to show that your spouse has some sort of fault or shortcoming that makes the divorce necessary.

Is alimony determined before or after child support?

Now in some states, alimony must be determined first, before a child support amount may be agreed on. But in California, the opposite is true. In California, alimony can only be determined once a child support award has been agreed upon.

How long do you have to be married to get alimony?

And just like determining an amount, duration is not so easy to agree on. Despite what you’ve heard about alimony in California after 10 years, there is no set formula for determining how many years you need to be married to get alimony in California. Or for how long it will last.

What is alimony and how does it work?

Alimony is one of four topics that are discussed and must be agreed upon by the parties in mediation along with: It’s important to understand that alimony (California based or anywhere else for that matter) is strictly based on need and is gender neutral. Meaning that both women and men can be eligible to receive it.

How much does a divorce cost in California without a lawyer?

How much does a divorce cost in California without a lawyer? The basic cost of filing divorce forms in California is $435, but you may have to pay additional court filing fees for a more complicated case, or if your county charges additional fees. Getting divorced with It's Over Easy starts from as low as $9 per month.

Can I file for divorce in California without a lawyer?

Using a Registered Legal Document Assistant If you want to file a divorce in California, you are not required to hire a lawyer. Most divorce proceedings can easily get handled without lawyers and the high expense that comes with their services.

What qualifies you for alimony in California?

each spouse's needs, based on the marital standard of living. each spouse's debts and assets, including separate property. the length of the marriage. the supported spouse's ability to become employed without interfering with the care of the parties' minor children.

What is the average alimony payment in California?

The general guideline for calculating alimony takes 35% to 40% of the higher-earning spouse's income and subtracts 40% to 50% of the lower-earning spouse's income. Depending on what county you live in, it will vary.

How can I get a free divorce in California?

To apply for a fee waiver for a free divorce in California, you must first obtain all relevant forms and provide all requested information. You will then have to provide a notarized financial disclosure to prove your need. A court clerk will then review the paperwork and approve the waiver if you meet the requirements.

How long do you have to be separated before you can file for divorce in California?

California does not have a required separation period before filing for a divorce. You do, however, have to wait six months before the courts grant your divorce. This is because California has a mandatory six-month waiting period between when you file for divorce and when a court can finalize your divorce.

Can a working wife get alimony?

Yes, working wives can claim maintenance. According to the courts, even if the wife is employed, she is entitled to the same status and standard of living which she used to enjoy at her matrimonial home.

How long does alimony last in California?

In California, spousal support may be paid for up to half the length of a marriage that lasts 10 years or less. Unions that lasted longer than 10 years are considered 'long term,' and no specific duration will apply.

Is alimony mandatory in California?

In California, alimony is not mandatory. However, if one spouse earns significantly more than the other, the court may order them to pay alimony to the lower-earning spouse.

How is alimony determined?

If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.

Does it matter who files for divorce first in California?

There really is not distinct advantage during the pendency of a divorce case to be the Petitioner or the Respondent. Most legal experts believe that there is little legal advantage to who files first because California is a no-fault divorce state, so the court really doesn't care who files the petition first.

What is a wife entitled to in a divorce in California?

In California, a wife may be entitled to 50% of marital assets, 40% of her spouse's income in the form of spousal support, child support, and primary child custody. These entitlements are based on the marriage's length and each spouse's income, among other factors.

How to get divorce in California without a lawyer?

The answer to the question, "How to get a divorce in California without a lawyer," is to use divorce mediation and work with an experienced, professionally trained and highly skilled divorce mediator.

How long does it take to get divorced in California?

You don’t want to lose years of your life trapped in a never-ending court battle: You have friends or family whose California divorce process took 2-3 years to complete and they never got that time back or recovered emotionally. Your time is precious and you want to heal and move forward as quickly as possible.

What is the process of discovery in divorce?

After you've hired a mediator and started the divorce mediation process, you’ll commonly complete what’s referred to as “discovery,” which is comprised of gathering a series of financial documents and completing various forms and worksheets specifically to help both you and your mediator prepare for your negotiations.

What is mediation in divorce?

On the other hand, divorce mediation is focused on helping both parties (you and your spouse), work together and arrive at mutually agreeable solutions.

What does it mean when one spouse wants divorce?

2. Both spouses need to be active participants in the divorce process.

Why is it important to have a comprehensive divorce agreement?

In order to have a comprehensive divorce agreement, it is critical that both spouses put "all their financial cards on the table" so that an open and honest dialogue may be had and all community property and debts be properly discussed.

How many parties do you have to file for divorce?

While it takes two parties to get married, it only takes one party to file for a divorce.

Certified Paralegals in California Can Assist You With Filing for an Unchallenged Divorce

Some couples can navigate an unchallenged divorce without legal assistance, but this is not always the best option. Even if you have no young children, you must still document them in a settlement agreement for the court. It’s a good idea to engage a paralegal to assist you with filing court documents.

Benefits of an unchallenged Divorce

The most significant benefit of an unchallenged divorce is the cost savings. In addition, if a couple achieves an agreement while filing, there will be less time away from work and, perhaps, less stress.

Starting Your Divorce Without Lawyers

The first step to your California DIY divorce process is to complete, review, and file the initial divorce papers with your local court. These papers include a divorce petition and terms of the divorce.

Go to Mediation, Arbitration, or Court

Once all required divorce forms have been filled out, reviewed, filed, and served, spouses must settle divorce terms. Disputes, such as child custody, child support, property division, and spousal support can either be handled in mediation, arbitration, or court.

Draft and File the Final Divorce Agreement

Once all divorce terms have been agreed upon, you or your mediator should draft a divorce agreement. This important agreement should clearly state terms of child custody, child support, spousal support, and property division.

Reasons to Get a Divorce Without Lawyers

Getting a divorce without lawyers can save you and your spouse lots of time and money. It can also keep things more civil for your children and save you from countless headaches. However, it’s important that you properly go through mediation.

How much does a divorce cost without a lawyer in California?

The minimum cost to divorce without a lawyer in California is a $435 filing fee. If a spouse will respond to the divorce petition, they must pay a $435 filing fee as well.

Can you file for divorce without a lawyer in California?

Yes, couples in California can legally file for divorce without hiring lawyers. Divorce terms can be settled in mediation or arbitration if spouses prefer not to get attorneys and go to court.

Can you get an uncontested divorce in California without a lawyer?

In California, uncontested divorces can be processed and completed without a lawyer or court. Divorcing spouses can go through mediation or arbitration to reach a divorce agreement.

Step 1: The Petition

Every Divorce (or Domestic Partnership Dissolution) starts with the Petition. If you file first, you’re the Petitioner. Your spouse is the Respondent. There is generally no legal advantage to being the Petitioner vs. the Respondent.

The Response

Or, if your spouse has filed the Petition, you may want to file a Response.

Temporary Orders (Optional)

Divorces take at least 6 months and 1 day after the Petition is served (that’s just the way it is). If that feels like too long to go without help from the court, you don’t have to wait until your divorce is final.

Step 2: Financial Disclosures

You are required to exchange court forms that disclose complete information about your income (from all sources), expenses, property and debts with your spouse. Even if you already have a full agreement with your spouse (good for you!), you still must exchange these documents.

We get it, easier said than done

But assuming your divorce is amicable (or heading in that direction), you can do this without full representation by a lawyer. Just remember, this is a process that you can’t avoid – but that doesn’t mean you need to struggle with it alone or spend $26,200 (the average cost of divorce per person in California).

Requirements of a divorce in California

The first step of learning how to file for divorce is developing an understanding of California divorce laws. Consider the requirements below:

How long does a divorce take in California

One question people often wonder when determining how to get a divorce in California is how long the process will take. While it is difficult to determine the exact length of time the divorce process will take, what it is important to understand is that there is a six-month waiting period.

Steps to divorce in California

This requires you to complete a summons, which notifies your spouse they must appear in court for divorce proceedings. You must also fill out a petition, in which you give the court information about yourself and your spouse and state what it is you are asking for in the divorce.

Other considerations

While the above steps to divorce in California provide you with a list of general tasks you will need to complete, some cases may be more complex or involved than what is discussed above.

Divorce California FAQs

If you’re looking to learn how to get a divorce in California, you may have some of the following frequently asked questions:

Everything You Need To Know About California Divorce Laws

Getting to know California divorce laws is a must before going into the process. The table below presents the details:

Divorce Options in California

A contested divorce —This process is for spouses who haven’t reached middle ground for some or all aspects of their divorce. They’ll have to go through the whole ordeal of going to trial and calling witnesses—and unlike with uncontested divorce, they won’t be able to get an out-of-court settlement

Can You Get an Online Divorce in California?

Getting an online divorce in California doesn’t mean filing your divorce forms online. You can find and complete your divorce papers online. You still have to file the forms with your local clerk.

Fastest Way To Get a Divorce in California

To end your marriage as fast as possible in California, you should choose the uncontested divorce option. To get an uncontested divorce, you and your spouse need to agree on:

How To Get a Quick Divorce in California

Create one yourself—If you choose to do this, you need to be extra careful as to not make any mistakes

To Sue or Not To Sue?

Hiring a lawyer to help you sue a company can be helpful, but it can also cost you an arm and a leg. Luckily, you can avoid wasting hundreds of dollars and use our robot lawyer to sue any company in small claims court instead!

Shopping Without Dropping

Whoever said you should shop until you drop didn’t have access to DoNotPay’s various features. With our app, you can make your shopping experience smooth sailing and stress-free!

Step 2: Filing the Petition

The next step in the divorce process is filing the divorce petition (also known as a petition for dissolution) with your county’s court clerk. This first set of divorce paperwork initiates your divorce proceeding.

Step 3: Serving Your Spouse

Once you have filed the petition, you will need to serve your spouse. This just means giving your spouse formal notice that a divorce case has begun and providing them with a copy of all of the divorce papers that you have completed so far.

Step 4: Waiting for a Response

Once you have served your spouse, they will have 30 days to complete a parallel set of divorce papers called the response. They too will need to file their forms with the court clerk.

Step 5: Reaching a Deal

Assuming that the respondent has avoided default judgment, you will now both be involved in resolving the aforementioned issues of child custody, child and spousal support, and how community property should be distributed.

Step 6: Obtaining a Final Judgment

Now that you and your spouse have divided up your lives (by either negotiation or an order from a judge), you are ready to finalize your divorce.

How is alimony determined in California?

In California, alimony can only be determined once a child support award has been agreed upon. The child support award is deducted from the paying party’s net income, and that “new” net income is then used to determine spousal support.

What is temporary alimony in California?

Temporary Alimony. Temporary alimony in California is paid when you and your spouse are separated but your divorce has not yet been finalized. Temporary alimony is determined using a guideline which varies across 5 county-based formulas: Santa Clara, Alameda, Marin, Kings, and Yolo.

What is rehabilitative alimony?

Rehabilitative alimony is the most common type of spousal support in California and has an amount and duration. The payments are intended to allow the receiving spouse some period of time to bring their post-marital lifestyle closer to (or in line with) the marital lifestyle.

How long does alimony last?

Unlike rehabilitative alimony, permanent alimony has no duration , and is typically paid until you and / or your ex-spouse passes away, or if you’re the party receiving it, you get re-married.

What are the common fears of divorce?

All of these fears are typical in divorce and have one thing in common: Money. When it comes to money and divorce, there's one topic that's more stressful, more emotional and more difficult for parties to resolve than any other.

Can alimony be used for spousal support?

Reimbursement alimony may be used either alone, or in conjunction with, other types of spousal support. It is intended to address a specific goal. A common use of rehabilitative spousal support in California is for one party (spouse) to pay for the other party to go back to school and earn a degree.

Can you get alimony in California after divorce?

But in California, despite there being a guideline for temporary spousal support, the amount of alimony you pay or receive, and for how long it will last once your divorce is final, is wide open for negotiation.