A do-it-yourself divorce in California is an excellent alternative to a complex, litigated divorce.
Taking charge of your divorce and handling it yourself is less expensive and more straightforward. But if you have difficulty or need assistance, there are ways to get assistance and help without breaking the bank.
What Is a Do-It-Yourself Divorce?
A do-it-yourself divorce is the process of obtaining a divorce without legal representation, where individuals handle their own paperwork and negotiations using court-provided guidelines and forms. This approach is usually quicker and less costly, suitable for uncontested divorces.
A DIY divorce involves researching all the laws, getting all the forms, filling them out, and filing them with the state without a lawyer.
Most DIY divorces are when you and your spouse agree on all the divorce terms (called an uncontested divorce) and don’t need help negotiating. You just want to fill out the papers, file them, and be done.
You can still have a DIY divorce if you and your spouse do not entirely agree about everything that must be decided. In this situation, you could work with a mediator to help you resolve the items in dispute and then file the uncontested divorce once you’ve reached an agreement.
Is It Possible to Get a DIY Divorce in California?
Yes, getting a DIY divorce in California is possible, and California makes it relatively easy to file for one. When deciding on a DIY divorce, take the following steps.
Meet the State Residency Requirement
To file for a divorce in California, either you or your spouse must have lived in the state for six months and in your current county for three months. This is called the residency requirement.
Agree on No-Fault Divorce
The grounds for divorce are the reason for the divorce. In California, to file for a DIY divorce, you must choose irreconcilable differences as the reason for your divorce. This does not place blame on either spouse.
Consider Summary Dissolution
A summary dissolution is the fastest path to a DIY divorce in California. This is only available if:
- You have no minor children of the marriage
- Neither of you own real property
- Your total community debts are not more than $7,000, not including car loans
- Your total community assets are not worth more than $53,000, not including cars
- Your total separate assets are not worth more than $53,000, not including cars
A summary dissolution can be faster than a regular DIY divorce, and the paperwork is much simpler.
Agree on Terms
To file for an uncontested DIY divorce, you and your spouse must agree on the following:
- How your assets and debts are divided
- How you will share time with any minor children
- If child support will be paid, and how much
- If spousal support will be paid, and how much
Steps to File for Divorce in California by Yourself
Filing for divorce yourself means following the procedure required by the courts. The steps are as follows.
Obtain Initial Forms
If you are filing a summary dissolution, you need:
- Joint Petition for Summary Dissolution
- Judgment of Dissolution and Notice of Entry of Judgment
- Property agreement
If you are filing a regular DIY divorce, you need:
- Petition: Marriage/Domestic Partnership
- Summons (Family Law)
- Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), only if you have minor children of the marriage
In both situations, there may also be forms specific to your court that must be completed.
Complete and FIle the Forms
Next, you must complete the forms. If you are the person filing, you are the petitioner, and your spouse is the respondent.
You can file the forms in person, by mail, or online (if your local court permits).
You must pay the filing fee, which ranges between $435 and $450 depending on your location. If you are filing a summary dissolution, this is your final step. Because you agree on everything, have no children, and have few assets or debts, the court will finalize your divorce, and you are done.
If you are filing a regular DIY divorce, follow the steps below.
Serve Forms
The petitioner must have the forms served on the respondent by another adult. The server then fills out a Proof of Service stating that they served the papers. This is filed with the court to prove that service happened.
In addition to the forms you completed, the server must also include a response form for your spouse.
Response by Respondent
The respondent has 30 days to respond to the filing. If they don’t, the case becomes uncontested and proceeds without their input.
Complete Financial Disclosures
You and your spouse (if they responded) are required to complete financial information forms that are shared with each other and with the court. These are:
- Declaration of Disclosure
- Income and Expense Declaration
- Schedule of Assets and Debts
These are filed with the court and another adult must mail them to your spouse. You then file a Declaration Regarding Service of Declaration of Disclosure showing that your spouse was sent your forms.
Reach an Agreement
If you haven’t already, you and your spouse should try to work out all the issues in the divorce. Once you have an agreement, put it in writing. The court has several forms available that you can fill out to detail the different parts of your agreement. Both of you must sign all of them and file them with the court.
Court Appearances
If you reach this point and you and your spouse cannot agree on everything, the court will schedule a settlement conference to try to help you reach an agreement. Your case will be scheduled for a trial if you still cannot.
You and your spouse will both present evidence and witnesses and explain your point of view to the judge. The judge will decide everything and issue a decision.
File Final Forms
You are responsible for filing the Judgment and Notice of Entry forms and various forms regarding child support, custody, spousal support, and property division. Your local court may also require additional forms.
The judge signs these forms and mailed to you and your spouse.
How Long Does a Do-It-Yourself Divorce Take in California?
Nationally, an uncontested divorce takes about eight months. However, this can be shorter or longer depending on how well you and your spouse work together and how challenging you find the paperwork.
What is The Cost of a Do-It-Yourself Divorce in California?
If you file for divorce on your own, your only cost will be filing fees. The cost varies by county but runs between $435 and $450.
If you need assistance completing the papers, the average cost of hiring an attorney for an uncontested divorce is $4,100.
A DIY Divorce in California: Pros and Cons
There are advantages and disadvantages to handling your own divorce in California.
Pros:
- You’ll only pay court fees and have no other expenses
- You are in complete control over when you file
- You can complete your divorce quickly
Cons:
- You may feel overwhelmed by the paperwork, not sure how to complete it, or make mistakes when you fill it out
- If you and your spouse can’t reach an agreement, you will be faced with the complexities of a trial
- You have no access to help or professional advice as you work through the process
- You may not completely understand your rights and what you are actually entitled to
Alternatives to a DIY Divorce in California
There are alternatives to a DIY divorce that are less expensive and time-consuming than hiring an attorney and having a trial. These include:
- Online divorce: An online divorce service in California will complete and file the paperwork for you for a reasonable fee, ensuring it is done correctly.
- Mediation: If you and your spouse can’t agree, a mediator can help you resolve the issues. Some online divorce services offer mediators, or you can find one locally.
- Collaborative divorce: You and your spouse each hire attorneys who agree to only work towards a settlement and not to take your case to trial.
These are great options to consider if you don’t want to handle a divorce yourself, are stuck, or feel overwhelmed by the process.
FAQ
Can I Get a DIY Divorce in California If I Have Kids?
Yes, you can handle your own divorce in California if you have minor children, but you cannot file for a summary dissolution. You must use the long-form DIY divorce process.Do I Need a Lawyer for a DIY Divorce in California?
You do not need a lawyer to file for divorce in California. You can complete and file all the forms yourself and complete the process without an attorney.Do I Need to Go to Court?
Every divorce must be either approved or decided by the court in California. If you file for a summary dissolution, you simply complete the paperwork, and if the judge approves it, your divorce is granted. If you file for a regular DIY divorce and reach a settlement, you can submit your documents and have the divorce finalized without a hearing. You must have a trial if you and your spouse cannot agree.Is a DIY Divorce the Cheapest Way to Get a Divorce in California?
A DIY divorce is the least expensive way to get a divorce in California because you will only pay filing fees and have no other costs, such as for attorneys or mediators.Final Thoughts
A do-it-yourself divorce in California is a relatively easy and inexpensive way to complete your divorce. However, it works best if you and your spouse agree on everything. If you cannot resolve all of the issues in your divorce or feel the amount of forms you need to file is overwhelming, it makes sense to get assistance with your divorce.