how to get a divorce without a lawyer california

File for Divorce in California Without a Lawyer

• Starting Your Divorce Without Lawyers. The first step to your California DIY divorce process is to complete, review, and...
• Go to Mediation, Arbitration, or Court. Once all required divorce forms have been filled out, reviewed, filed, and...
• Draft and File the Final Divorce Agreement. Once all divorce terms have been agreed...

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.

How long do I have to live in California to file divorce?

Filing for divorce in California requires you or your spouse to have been a resident of the state for at least 6 months. You must be a resident of the county where you file for at least three months before filing.

What documents are needed to file for divorce in California?

The process of completing California divorce forms requires you to provide the court with a significant amount of information. You will need to gather information such as pay stubs, mortgage statements, bank statements, and documentation of debts and assets.

Is there a separation period for divorce in California?

This means there is no minimum required separation period. 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.

Can you file for divorce without a lawyer in California?

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.

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.

How do I file for divorce in CA myself?

How to File for Divorce in California1) Fill Out the Forms.2) Have Your Forms Reviewed.3) File the Forms With the Court Clerk.4) Serve Your Spouse.5) Your Spouse Has Options.6) Serve Your Financial Disclosure Forms.7) Finalize Your Divorce.

Can you divorce in California without going to court?

Fortunately, California state law does not require you to appear in court for a divorce. You can get divorced without ever setting foot in a courtroom. But even if a court appearance may not be necessary, you should have an attorney to protect your interests.

How much is a divorce in California if both parties agree?

Unfortunately, data shows that the average divorce in California costs more than in any other state. The average divorce without kids is $17,500 in California, and the average divorce with kids is $26,300. Divorce filing fees in California are relatively low.

What is the cheapest way to get divorce in California?

An uncontested one, on the other hand, requires you and your ex to be in full agreement as to how you want to end things. This is the cheapest way to get a divorce in California as you do not need to hire a lawyer, and can either deal with the paperwork yourself or get it from an online service.

Can you get a divorce without your spouse's signature in California?

In California, the only reason a person needs to get a divorce is that the person wants out of the marriage. You do not need your spouse to agree to end the marriage or sign the divorce documents. As long as you meet the legal requirements for a divorce, you can get divorced without your spouse signing any documents.

How long does California divorce take?

six monthsFrom start to finish, the divorce process in the Golden State can take at least six months – even if both parties agree to the dissolution immediately. This length of time is due to California's divorce requirements and mandatory six-month waiting period. Contact a San Jose divorce attorney for more information.

How long do you have to be separated before divorce is automatic?

Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.

How long can you be legally separated in California?

The legal separation can be completed prior to what is known as a “six month minimum time frame,” within which a divorce would take. The reason for this is that there is no marriage termination date in a legal separation.

Can I divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

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.

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).

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.

What happens when a divorce petition is received?

When the court receives the divorce petition, it will assign a case number to your divorce. Response to divorce petition – If your spouse files for divorce, he or she must formally notify you, and you have a chance to submit a response to the divorce petition. Like the Petition, you don’t need a lawyer to prepare this document.

What happens to the parties in a legal separation?

However, in the end, the parties remain legally married, allowing them to retain certain legal rights only available to married persons.

What is annulment in divorce?

While a divorce or legal separation may be completed without a court hearing if the parties can agree on the issues at hand, an annulment always requires a court hearing.

What is the process of terminating a marriage?

Divorce, or the process of terminating a legal marriage between two parties, results in the cancellation of all legal duties and responsibilities between a married couple. Additionally, legal divorce includes a formal and final division of all community property or property acquired by the couple during their marriage.

Can a legal document assistant prepare divorce papers?

In California, a registered legal document assistant can professionally prepare your divorce forms for a much lower price than what law firms would make you pay. Most people can finalize their divorce without going to trial, and some do not even need to attend a hearing.

Do you have to be married to get divorced in California?

It also confirms the ownership of all separate property or property acquired by either party before or after the marriage. A couple does not need to have been married in California, nor even in the United States, to file for divorce in California.

Can a couple annul a marriage in California?

California Annulment. A couple can ask the court to declare their marriage void or voidable via an annulment. However, California only allows an annulment under certain legal premises. For example, a marriage can be declared void if: The marriage was incestuous or bigamous; A party was under age;

How long do you have to be a resident of California to file for divorce?

In order for a court to have jurisdiction, you or your spouse must first be a resident of the State of California for at least six months prior to filing for divorce in California. Additionally, you or your spouse need to be a resident of the county where you file for a minimum of 3 months.

Do I need to serve copies of my divorce papers on my spouse?

One of the copies will be for you records and the other will need to be served on your spouse. Since this is the initial filing for the case, you will need to have the documents personally served on your spouse. You can use a friend or family member, but it has to be someone else, not you.

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: