Filing for divorce without an attorney requires a thorough understanding of the legal requirements and processes involved; this comprehensive blog will walk you through everything you need to know about DIY divorce in California, ensuring you’re well-prepared to handle your case. Divorce can be complicated, but many California residents choose to handle it independently to save time and money.
When a couple handles their divorce processes without the help of an attorney, it’s known as a do it yourself divorce. If both parties agree on essential matters like property division, child custody, and support arrangements, this method can significantly save legal costs and speed up the process.
Opting for a DIY divorce can offer several advantages:
Cost Savings: Avoiding attorney fees can save thousands of dollars.
Time Efficiency: Handle the process at your own pace, potentially speeding up the timeline.
Control and Privacy: Maintain more control over the proceedings and keep sensitive matters private.
Before you begin your DIY divorce, it’s crucial to understand the legal requirements specific to California. Ensuring you meet these prerequisites will help you avoid unnecessary delays and complications.
State Residency: One spouse must have lived in California for at least six months before filing.
County Residency: One spouse must have lived in the county where the divorce is filed for at least three months.
Grounds for Divorce
California is a no-fault divorce state, meaning you don’t have to prove wrongdoing by either party. The most common grounds for divorce are:
Irreconcilable Differences: Indicating that the marriage has broken down beyond repair.
Incurable Insanity: This ground requires medical proof that one spouse is incurably insane.
Both parties must exchange financial information through a process called “preliminary disclosure.” This includes:
Income and Expense Declaration: A detailed report of your monthly income and expenses.
Schedule of Assets and Debts: A comprehensive list of your assets and liabilities.
In California, there must be a six-month waiting period from the moment the responder receives divorce papers before the divorce may be finalized.
Now that you know the legal requirements, let’s break down the steps for filing your DIY divorce in California.
Complete the Necessary Forms
Petition (FL-100): The primary form to start the divorce process.
Summons (FL-110): Notifies your spouse that you have filed for divorce.
Declaration of Disclosure (FL-140): Details your financial situation.
Schedule of Assets and Debts (FL-142).
Income and Expense Declaration (FL-150).
Bring the filled-out paperwork to the county courthouse in the county where you or your spouse meet the residency criteria. There is a filing cost; however, certain individuals may be eligible for fee waivers.
Personal Service: A non-involved person over 18 personally hands the papers to your spouse.
Service by Mail: Your spouse must sign and return a Notice of Acknowledgment of Receipt.
Responding to the Petition
If your spouse agrees to the divorce terms, they can file a response (FL-120). You can request a default judgment if they don’t respond within 30 days.
Both parties must complete and exchange preliminary financial disclosures within 60 days of filing the petition.
If you and your spouse agree on all terms, draft a Marital Settlement Agreement outlining the division of property, child custody, and support arrangements.
Judgment (FL-180).
Notice of Entry of Judgment (FL-190).
Once the six-month waiting period has passed, the court will issue a final judgment, officially ending the marriage.
Common Pitfalls and How to Avoid Them
While a DIY divorce can be straightforward, there are common pitfalls to watch out for:
Incomplete Paperwork: Ensure all forms are correctly filled out and submitted.
Failure to Serve Properly: Follow the legal requirements for serving divorce papers to avoid delays.
Ignoring Financial Disclosures: Both parties must complete and exchange financial disclosures to finalize the divorce.
Interested in do it yourself divorce? Call us at – 1 844 604 2860 or visit our website for more details.