How to get divorce by your own in California
Divorce is a difficult and emotionally fraught process regardless of where you reside. You’ve come to the perfect site if you’re considering a divorce in California and want to save money by managing it yourself. We’ll lead you through the steps of a DIY divorce in California in this detailed guide.
1: Understanding Divorce in California
Before beginning the DIY process, it’s critical to grasp California divorce laws:
1. California is a no-fault divorce state, which means you don’t have to prove anything to receive a divorce.
2. Residency requirements: You or your spouse must have lived in California for at least six months and three months in the county where you intend to petition for divorce.
3. Property division: Because California adheres to community property laws, assets and debts earned during the marriage are usually shared equally.
2: Gathering Essential Documents
Gather the following documents before beginning the DIY divorce process:
1. Certificate of Marriage
2. Financial statements (income, expenses, assets, and debts)
3. Data on your children (if appropriate)
4. Existing court orders (for example, restraining orders)
3: Filing the Divorce Papers
To file for divorce in California, follow these steps:
1. Complete the following forms: These forms are available on the California Courts website, or you can get assistance from an attorney.
2. Pay the filing fee or, if eligible, request a fee waiver: California courts impose a fee to file divorce papers, but if you meet the income requirements, you can obtain a waiver.
3. File the following documents with the court: Submit your divorce paperwork to the county courthouse in the county where you or your spouse resides.
4: Serving Divorce Papers
You must properly serve your spouse with the divorce papers. This can be accomplished through the following methods:
1. personal service by a friend or professional process server.
2. Return receipt sought for certified mail.
3. Publication (if you are unable to locate your spouse)
5: Responding to a Divorce Petition
You have 30 days to react if you are served with divorce papers. Inaction can result in a default judgment.
6: Parenting Plans and Child Custody
Create a parenting plan outlining custody arrangements, visiting schedules, and child support if you have children.
7: Property Division and Spousal Support
Negotiate asset and debt distribution with your spouse. Include spousal support clauses in your agreement if necessary.
To complete your DIY divorce in California, follow these steps:
1. Attend court proceedings: Attend all necessary hearings to address any lingering issues.
2. Obtain a decision: Once all matters have been resolved, the court will issue a judgment, which will finalize your divorce.
3. Maintain your records: Change your name and, if necessary, update your financial accounts and legal papers.
Navigating a DIY divorce in California is possible, but it’s essential to be well-informed and organized throughout the process. By following the steps outlined in this guide you can both successfully manage your divorce and share valuable information with others in similar situations, with online divorce forms and attorney support available at thecompletedivorce.com.
