What You Need to Know About Divorce Costs in California
Getting a divorce can be expensive, but making intentional choices throughout the process can help you save money. Here’s what you need to know about the cost of a divorce in California.
The basic cost of filing divorce papers in California is $435, but this number may change depending on the circumstances of the divorce – including the county the filing is made in and attorney costs. There are a number of ways to save money in the divorce process, including by filing uncontested, getting a summary dissolution or applying for fee waivers.
Filing an Uncontested Divorce
A divorce case is considered “uncontested” when one spouse (the petitioner) files for divorce and serves a summons and petition to the other spouse (the resopndent), and the respondent files a response with the court, but reaches an agreement with the petitioner on all issues.
Contrarily, a divorce case is considered “contested” when the petitioner files for divorce and serves a summons and petition to the respondent, and the respondent files a response with the court and disagrees with the petitioner.
An uncontested case is cheaper than a contested case because the couple is able to come to an agreement on their own. Sometimes, an uncontested case also doesn’t require hiring a lawyer (although the California courts advise that consulting a lawyer is in the parties’ best interest).
Related: How to Get an Uncontested Divorce in California
Getting a Summary Dissolution
Another way to get a divorce quickly and cheaply is through a summary dissolution. Summary dissolutions require less paperwork and are more cost-effective than traditional divorce filings.
To qualify for a summary dissolution, couples must meet all of the following requirements:
- The couple has been married for less than five years (from the date of marriage to the date of separation).
- The couple has no children together.
- The couple does not own any part of land or buildings.
- The couple does not rent any land or buildings (besides where they currently live, as long as they don’t have a one-year lease or option to buy).
- The couple does not owe more than $6,000 in debt accrued during their marriage, not including car loans.
- The couple has less than $45,000 worth of property accrued during their marriage, not including cars.
- The couple has less than $45,000 worth of separate property (property belonging to each individual spouse), not including cars.
- The couple agrees that neither spouse will receive spousal support.
- The couple has signed an agreement that divides their property and debts.
- At least one spouse must have lived in California for the last six months, and in the county where the summary dissolution is filed for the last three months.
Related: Summary Dissolution of Marriage in California
Filing for Fee Waivers
The California courts also offer fee waivers for low-income individuals who cannot afford the costs of court fees. One can qualify for a fee waiver if:
- They are receiving public benefits (such as Medi-Cal, food stamps, Cal-Works, etc.),
- Their household income before taxes is less than the amount listed in item 5b on Form FW-001,
- The court finds that the individual does not have enough income to pay for their household’s basic needs and the court fees.
To request a fee waiver, fill out Form FW-001, sign it under penalty of perjury and turn it in to the clerk. If the fee waiver is granted, a number of fees are waived, including fees for having the sheriff give notice, court reporter fees, and fees for making and certifying copies. In a divorce case, for example, the party would no longer be required to pay the $435 filing fee.
Contact Us
If you have any more questions about the cost of a divorce in California, contact us. We are here to help, and your first consultation with an experienced Divorce Attorney is free!