File for Divorce in California Without a Lawyer
To save time, money, and energy, some couples ending their marriage get a divorce without lawyers. Here’s how to DIY divorce in California.
To get a divorce in California without lawyers, spouses must first file their initial divorce papers, then attend mediation. Once divorce terms are settled in mediation, draft a final divorce agreement. Submit it to the court to get a final divorce judgment.
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. It’s important to make sure these forms are properly filled out, so you might what to hire a paralegal or do your own research to make sure you’ve completed them correctly. Then, someone over the age of 18 (not the petitioning spouse) must serve these forms, along with more paperwork, to the respondent (the other spouse).
After receiving these initial divorce papers, your spouse will take one of the following actions:
True default
If the responding spouse does not respond to the divorce petition within 30 days of receipt, they give up their right to be involved in the case. In true default, a judge will likely grant the petitioning spouse’s request for divorce and settle divorce terms without involving the respondent.
Default with agreement
The responding spouse can not respond because a written, notarized agreement between both spouses exists. This agreement can document that you and your spouse consent to end your marriage. Divorce terms such as child custody, child support, property division, and spousal support should be listed in this divorce settlement agreement.
File an uncontested response
In an uncontested divorce, the responding spouse agrees to the divorce terms requested by the petitioning spouse.
File a contested response
If a spouse files a contested response, meaning that they do not agree to what the other partner is asking for, divorce terms must be settled in court.
For more details on how to start a divorce in California without a lawyer, click here.
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.
Getting a divorce in court without a lawyer can be very tricky. Although one can legally represent themselves in court without the assistance of an attorney, divorcing spouses often lack the legal expertise necessary to properly protect their rights in front of a judge. Divorce courts can pit spouses against each other without allowing them to fully understand the details and ramifications of their divorce. The outcome of a divorce can shape one’s life, so it’s imperative that spouses settling divorce terms in court have a thorough understanding of California’s divorce laws, or hire someone that does. Couples that divorce without lawyers typically seek mediation or arbitration to settle divorce terms.
On the other hand, an arbitrator acts as an out-of-court judge and determines legally-binding divorce terms. Arbitrators are guided by California’s divorce laws and act as they believe a judge would. For those not wanting to settle divorce terms in court, decide whether arbitration or mediation is right for you.
In mediation, a neutral third-party helps the divorcing spouses reach a fair, mutually satisfactory agreement. An experienced mediator can facilitate productive discussions and ensure negotiations happen in a civil manner. Divorce mediators don’t make legally binding decisions on the couple’s behalf; they simply help spouses agree to divorce terms. If you and your spouse are willing to work together to get through this divorce, mediation is likely your best option. Contact Her Lawyer to get in touch with the most qualified divorce mediator for your unique legal situation.
Divide Your Assets
In divorce mediation, spouses can split community property without lawyers. California’s community property laws state that all marital assets, or assets that have been acquired during the marriage, must be split equally between the spouses. With the help of a mediator, divorcing spouses can work together to divide assets and debts in a fair, collaborative manner.
Establish Custody and Visitation Terms
Child custody is arguably the most difficult aspect of divorce to resolve. Spouses can work together in divorce mediation to determine child custody and visitation terms. With the help of a divorce mediator, spouses can negotiate custody and visitation terms in a civil, productive manner.
Determine Spousal and Child Support
You and your spouse can agree to spousal support and child support terms in mediation. Considering both spouse’s income, property, and your children are crucial to properly resolving support terms in divorce mediation.
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.
Ask your mediator if they can properly draft the final divorce agreement. If not, it may be in you and your spouse’s best interests to hire a paralegal or limited scope representation attorney to draft the final divorce agreement. This agreement will become legally enforceable, so It’s imperative that it properly states the terms of your divorce and follows California laws.
Once drafted and reviewed, you or your mediator will submit the final divorce agreement to the court for approval. Divorce agreements reached in mediation are not legally enforceable until signed by a judge.
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. Filing for divorce without attorneys can be faster, easier, cheaper, and less stressful IF you and your spouse are willing to resolve disputes in mediation. More hostile or tense marriages should be ended in court with attorneys. If you and your spouse aren’t willing to settle your divorce outside of court, refusing to hire attorneys can end up costing you more time, money, and effort than if you were to hire an attorney.
Spouses going through a DIY divorce can hire divorce attorneys with limited scope representation. This means that the lawyer will only handle certain, more complex, aspects of your divorce. Limited scope representation allows a divorcing spouse to more properly protect their rights and effectively navigate through California’s divorce laws on a budget. Contact Her Lawyer to get in touch with one of our limited scope representation attorneys for divorce.
FAQs About DIY Divorce in California
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.
Can you get a contested divorce in California without a lawyer?
If the responding spouse contents the divorce petition, both spouses must appear in court. Although one can represent themselves in court, a spouse’s rights can be jeopardized if they appear in court for a contested divorce without a lawyer.
Can I contest a divorce without a lawyer in California?
If you contest a divorce in California, you must appear in court to settle divorce terms in front of a judge. While spouses are not required to have an attorney present in divorce court, your rights may be jeopardized if you’re not represented by a divorce attorney in front of a judge.
Contact Us
If you’re looking to get a divorce without lawyers in California, contact us. We’ll get you in touch with the most qualified mediator or limited scope representation attorney for your DIY divorce. We’re here for you 24/7. Your first consultation is free.