how to reach a divorce settlement without a lawyer 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.
• Go to Mediation, Arbitration, or Court. Once all required divorce forms have been filled out, reviewed, filed, and served, spouses must settle divorce terms.
• Draft and File the Final Divorce Agreement. Once all divorce terms have been agreed upon, you or your mediator should draft a divorce agreement.
• Reasons to Get a Divorce Without Lawyers. Getting a divorce without lawyers can save you and your spouse lots of time and money. ...

Full Answer

Can I get a divorce without a lawyer in California?

Ideally, if you have been through a short marriage, you have no minor children, and you have little in the way of assets to split, you can most likely get a divorce without a lawyer. In California and some other states the uncontested dissolution process is simplified.

Is it better to settle a divorce out of court?

So it often makes sense to work out as many issues as you can out of court. In most cases, resolving your disputes outside of court saves time and money. More importantly, it can help you avoid or minimize a lot of the negative emotional impact that contested divorce cases can have.

Do I need a lawyer to get a divorce?

Ideally, if you have been through a short marriage, you have no minor children, and you have little in the way of assets to split, you can most likely get a divorce without a lawyer. In California and some other states the uncontested dissolution process is simplified. You can do most of the work yourself to complete the divorce process.

How can I settle my child custody case without a judge?

Sometimes you and your spouse or domestic partner can bring in other people, like child custody specialists or accountants, to help you settle your case without having to go in front of a judge in a contested case.

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 you get divorced 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 is a wife entitled to in a divorce settlement 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.

What happens if spouse does not respond to divorce papers California?

If you don't file a Response within 30 days of getting these papers, your spouse can ask the court to decide the case without your input. This is called a default. The court could end your relationship or make orders about your property or the custody of your children without your input.

How can I speed up my divorce in California?

Solution: speed up your divorce by using a sanctions motion and California Family Code 271. Family Code 271 is a powerful statute. It gives you the ability to seek attorney fees and costs against your spouse even when you don't have a need for it.

How long does a divorce take in CA if one party doesn't agree?

If there are no issues, a default divorce is usually finalized within the 6 month & 1 day time frame (from the date of service) and most often without a court appearance.

How long do you have to be married to get half of everything in California?

In California, there is no 50/50 split of marital property. According to California divorce laws, when a married couple gets divorced, their community property and debts will be divided equitably. This means they will be divided fairly and equally.

What should I ask for in a divorce settlement?

5 Things To Make Sure Are Included In Your Divorce SettlementA detailed parenting-time schedule—including holidays! ... Specifics about support. ... Life insurance. ... Retirement accounts and how they will be divided. ... A plan for the sale of the house.

What should you not do during separation?

5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.

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.

How long do you have to respond to divorce papers in CA?

30 daysThe spouse who is served with divorce papers has the opportunity to respond. In California, the respondent will have 30 days from the date of service to file a response with the court.

Divorce Without a Lawyer in California

To terminate your marriage without hiring a lawyer in California, you will have to file for an uncontested divorce on no-fault grounds. Getting an uncontested divorce means that you and your spouse have reached an agreement on major issues and don’t need to go to court. Filing for this type of divorce requires you to state that there are:

Requirements for a Cheap Divorce in California

If you want to get a cheap, uncontested divorce in California, you will have to meet the following requirements:

How To File for Divorce in California Without a Lawyer

To file for a divorce without a lawyer, you will need to complete the following steps:

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How Long Does It Take To Get a Divorce in California Without a Lawyer?

With or without a lawyer, finalizing your divorce in California will take at least six months due to the state’s laws.

Can You Get a Cheap Divorce in California Online?

Numerous online agencies in California offer divorce services. While you can complete the majority of the process online, filing the paperwork must be done in person.

DoNotPay Answers Your California Divorce Questions

Are some divorce intricacies still causing you a headache? Check out DoNotPay’s invaluable guides and learn all about terminating matrimony:

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.

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.

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;

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).

How much does an uncontested divorce cost?

An uncontested divorce can be just a few hundred dollars if the couple reaches an agreement themselves. In addition, you can save time off work and eliminate the stress ...

Why do couples work with mediators?

This can save you a lot of time and stress in the end. Some couples work with mediators to reach an agreement regarding property and any custody matters. In addition, if either spouse has retirement benefits, it is a good idea to hire an actuary.

What is a paralegal?

A paralegal or a legal document preparer will help you with divorce filings for the court. They provide you with the proper documents and file court papers and pleadings, but they cannot advise you legally, in any way.

What happens if one spouse has more earning power than the other?

Specifically, if one spouse has more earning power than the other does, it can be a source of contention. Additionally, a spouse that is in fear of domestic violence should seek legal representation through an attorney.

Do paralegals in California have to file documents?

When you hire a paralegal in California (though they cannot provide legal advice), they know exactly which required documents to file with the court, when to file them, and help ensure it is done properly. The paralegal fees are low in comparison with the cost of hiring an attorney.

Can a paralegal review a settlement agreement?

You can review our services and fees here. In addition, a paralegal can review the settlement agreement, which is particularly important if the couple has minor children, substantial assets, and/or outstanding debts. If you do have children under 18 years old, but few debts or assets, getting the help of a paralegal is wise ...

Can a paralegal file for divorce in California?

You Don’t Have To Do It Alone: Certified Paralegals Can Help You File for an Uncontested Divorce in California. Some couples can handle the uncontested divorce without help, however, that is not always the wisest way to do it. Even if you have few debts or assets, and no minor children, decisions still have to be made and put in writing for ...

What happens if you don't settle a divorce?

If the parties cannot reach a settlement and end up having to go to court, the lawyers agree to withdraw from the case.

Why is it important to work out your divorce issues?

More importantly, it can help you avoid or minimize a lot of the negative emotional impact that contested divorce cases can have. Divorce or separation is a difficult emotional process.

How to find a mediator for domestic violence?

To find a mediator in your area, you can: Contact the local court to see if they have a mediation panel. If you are a victim of domestic violence, make sure you are safe and feel comfortable with the mediation process. Learn how to protect yourself and find out more about resources for victims of domestic violence.

What is collaborative divorce?

Collaborative divorce (also called “collaborative law”) is another approach to handling your divorce or legal separation. In a collaborative divorce process, you and your spouse or domestic partner negotiate an agreement with professional help.

How many versions of the divorce agreement are there?

It has 3 versions – one for parents, one for children, and one for teens and pre-teens. There are a number of ways that you can approach your divorce or legal separation case to focus on resolving the issues in the case by agreement.

Can you meet with your own lawyer?

You meet separately with your own lawyer. The lawyers and both clients also meet together regularly. Sometimes you and your spouse or domestic partner can bring in other people, like child custody specialists or accountants, to help you settle your case without having to go in front of a judge in a contested case.

Do you have to go in front of a judge to file for divorce?

But just because you may have these disagreements, it does not mean you have to go in front of a judge to resolve them.

What is an uncontested divorce?

If you and your spouse or domestic partner can agree about the money and parenting issues in your divorce, legal separation, or annulment, then you have an “uncontested” case. For some, this means that your spouse or domestic partner won’t even have to file a Response to your court forms. Most uncontested cases can be handled by mail or brief contacts with the clerk or judge. You may not have to go into court to handle your case.

What is Option A in a divorce?

your Petition for Dissolution or any other papers with the court and has not signed a written and notarized settlement agreement (in Step 5 this is called an “option A” case).

How to get a default judgment?

First, you need to decide whether you want your judgment forms reviewed by the judge at a court hearing (which you must attend) or whether your case is one that can be finished by mailing in your completed forms. If your case is uncontested, the court hearing to get your default judgment is generally short and your spouse or domestic partner can choose whether or not to attend. Usually, you only have to answer any questions that the judge may have or correct anything that is not clear from your forms. If there is a problem, the judge can tell you then what has to be corrected, and you can ask for a new hearing date that gives you enough time to make the changes.

How to file a self-represented petition?

If you do not have an attorney to represent you, you must add the words “self-represented” where the form says “Attorney for.” Next, fill in the court name and address (and if necessary the district courthouse where you will file your Petition). If you are the person who starts the court case, you are the Petitioner, and your spouse or domestic partner is the Respondent. The court clerk will assign a case number when you file the first set of forms. Use this case number on all your forms.

What are the different types of family law cases?

The first type of family law case is a divorce (which is called “dissolution of marriage” or “dissolution of domestic partnership”). The second type of case is an annulment (which is called “nullity of marriage” or “nullity of domestic partnership”). This is a rarely used proceeding which establishes that the marriage or domestic partnership was never legally valid because of unsound mind, incest, bigamy, being under the age of consent, fraud, force or physical incapacity. The third type of case is a legal separation. A couple might choose to get a Judgment of Legal Separation if they want to live apart but do not want to get divorced. This might be for religious reasons or because an ill spouse or domestic partner is still covered by the other spouse or domestic partner’s health insurance policy. A Judgment of Legal Separation will describe how you will handle the money and (if you have children) parenting issues. You cannot marry someone else or register a new domestic partnership if you are legally separated but not divorced.

How to fill out court forms?

Most people find it easier to fill out court forms by approaching each one, one section at a time. If you have questions, leave that section blank until you can get your questions answered. You can ask a private attorney, the self-help center or Family Law Facilitator in your county’s court, or legal aid clinic for help in understanding and completing your court forms. You can also go to the law library and ask for books on how to fill out the paperwork.

What is an annulment?

ANNULMENT (“NULLITY OF MARRIAGE OR DOMESTIC PARTNERSHIP”): A legal action that says your marriage or domestic partnership was never legally valid because of unsound mind, incest, bigamy, being under the age of consent, fraud, force, or physical incapacity.