how to get a divorce in california without an attorney

by Toney Powlowski 3 min read

  • 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. ...

You don't need to hire a lawyer to get an uncontested divorce in California, and you can represent yourself during the process. Spouses can try to handle everything themselves or use an online service that eases the process.

Full Answer

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

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: Step. Explanation. Complete the required paperwork. Go to your county’s official court website or your local courthouse to find the necessary forms. Fill them out and then file them with the county clerk. Keep in mind that you will have to pay a filing …

Do I need a lawyer to get a divorce?

Here’s a high level overview of how you can divorce in California without a lawyer: First, California divorce mediation will only be a viable divorce option if both you and your husband or wife is willing to mediate. In other words, you and your spouse must both agree to use divorce mediation.

Can a paralegal help you with a divorce?

Simply compiling and filing the necessary paperwork can resolve divorce disputes without the assistance of a lawyer. If you choose to do it yourself or with the help of a family law expert, document preparation services are pretty simple. Certified Paralegals in California Can Assist You With Filing for an Unchallenged Divorce:

How much does an uncontested divorce cost?

Dec 18, 2020 · File California Divorce Without A Lawyer 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. Using a …

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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.Apr 29, 2021

Can you get a divorce without a lawyer in CA?

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.Jan 20, 2022

How do I get a divorce in California with no money?

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.Jun 28, 2021

How can I get a quick divorce in California?

How To Expedite A Divorce In California. One way to get divorced faster is to opt for a summary dissolution. To qualify, your divorce must be uncontested, you must be married for under five years, have no children together, have limited shared debts and assets, and both agree to waive spousal support.Apr 29, 2021

Can I get a divorce without my spouse knowing?

Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.

How much does it cost to get a divorce if both parties agree?

If both parties agree on all major issues, known as an uncontested divorce, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost.

How much is filing fee for divorce in California?

$435The filing fee for a divorce in California is $435. If your spouse decides to respond to your complaint, then they must also pay $435. You should also note that there may be additional costs as the case progresses. If you can't afford to pay these costs, you have the option to ask for a fee waiver.May 21, 2020

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.Aug 10, 2020

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

No matter how quickly you move or how prepared you are to file your divorce case, California has a required 6-month waiting period before they will grant your divorce decree and finalize your divorce case. Many couples move apart and begin living separately on the day they file their divorce petition.Jun 3, 2019

How long does a no fault divorce take in California?

six monthsThe reality is that six months is the earliest a court will grant a final divorce (thus allowing you to re-marry), but most divorces take far more than six months to complete. In order to complete your divorce, you will either need to settle your divorce case or you will need to take your case to trial.

How do I prove my separation date?

Proof of the separation date requires corroboration from a third party witness, other than either of the spouses. When separating, it is advisable that you not only tell someone – a friend or family member – about the separation, but also show that person that you have separated.

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

California Community Property Law: "The 10 Years Rule" In California, a marriage that lasts under 10 years will have a set duration of alimony, which is typically half the length of the marriage.Apr 15, 2020

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:

DoNotPay Helps You Get a Perfect Divorce Settlement Agreement

Don’t waste time writing a divorce settlement agreement on your own or spend unnecessary amounts of money hiring expensive lawyers to do it for you—use DoNotPay instead! We’ll generate this crucial document for you quickly and make sure you get divorced on your and your spouses’ terms instead of letting a judge decide in your stead.

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:

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;

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.

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.

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 ...

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.

California Divorce in 2021 - Ultimate California Divorce Guide

Getting a divorce in California is not easy for everyone involved, it's a tedious process, and sometimes it can also be expensive. Under the right circumstances, you can get a divorce for FREE in California (without getting a lawyer involved).

Uncontested Divorce in California

A divorce in California is “uncontested” when both parties work to settle their differences by way of a written agreement.

Step 1: Select The Right Divorce Court

You must make sure that the State of California has “jurisdiction” over both individuals and all issues involved in your case, the case should be filed in the right county, and that you follow all local venue rules.

Step 3: Serve The Documents On The Opposing Party

After all the documents have been successfully filed with the county clerk, they must be properly served. There are two ways to meet this requirement. Either your spouse can choose to accept the divorce documents by signing an Acknowledgement Of Service or he/she must be formally served with the documents by a third party.

Step 4: If No Response Is Filed ( Entry Of Default )

After the opposing party has been served with the divorce documents and has failed to respond within 30 days, he/she is “in default” it must be recorded by the court clerk.

Step 5: Prepare The Financial Disclosure

Under the State of California rules pertaining to divorce, a proper division of community property must be filed making sure that child and spousal support awards will be fair for both parties. To this end, California Family Code Section § 2100 et seq.

Step 6: Draft And Notarize A Marital Settlement Agreement

If your spouse fails to respond to the summons and petition and it becomes apparent that your case is NOT going to settle amicably due to differences in opinion, this is where you'd need to consider hiring a Los Angeles Divorce Lawyer to take over your case.

How to get divorce without an attorney?

To achieve a successful divorce without an attorney, you must: 1 Have a mutual agreement with your spouse on property and debt division 2 Have a mutual agreement with your spouse on child custody, child support, and alimony 3 Have an amicable relationship with your domestic partner or spouse

How much does a divorce attorney cost in California?

A divorce attorney usually charges fees ranging from anywhere between $150 to $600 per hour. The average cost of a divorce in California can be estimated at $25,000. Of course, the spouses, their domestic situation, and what they want out of the divorce all factor into this number.

How much does a lawyer referral service cost?

They charge very little for this, usually between $20 – $45.

Is divorce overwhelming in California?

Going through a divorce in California can be quite overwhelming in particular because of all the different types of paperwork you’ll need to take to court. Those who are intimidated by the whole process often throw in the towel and hire a divorce attorney.

Is a divorce attorney free?

The services of a divorce attorney are not generally free. Free divorce lawyer services are difficult to come by and are in high demand, as you’d expect. This means you might have to wait a long time for legal help if you have financial restrictions. That is why you may want to think of some other options.

Can you defer a waiver of divorce?

After a hearing, the court may approve or defer your waiver based on the information you’ve furnished them with. If you require legal assistance for your divorce, then you can make use of your local city or state legal aid society, as mentioned in a previous section.

Is a People's Choice divorce pleasant?

Highly recommended.”. Christy C. “Divorce is usually never pleasant but A People’s Choice made it much easier than it would have been if we tried to do the divorce paperwork on our own. They were very quick to respond to us and always took the time to answer all of our questions thoroughly, in addition to quickly.

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