The divorce process is considered a traumatic event; it is a very stressful experience that involves completing never-ending paperwork packed with legal terms. Moreover, the whole divorce process is a huge strain on your bank account. If you are looking to minimize the price of the divorce process, our “Do-It-Yourself” divorce guide will help you get divorced in California with minimal costs.
Represent Yourself or Pay for Legal Representation?
When filing for divorce, a couple has two options to complete the legal framework. They can pay for the legal representation of a divorce attorney or represent themselves.
For a simple uncontested divorce, it is recommended to represent yourself without an attorney for legal procedures. On the other hand, if you are facing a complex or contested case, it is wise to consult a divorce attorney before taking critical legal action.
If you have decided to represent yourself, do the following things for a successful DIY procedure.
- Pick up the divorce forms.
- Complete the necessary paperwork, making sure all divorce papers are filled out according to the California divorce codes.
- Deliver a copy of all the forms to your spouse.
- File proof of service with the court.
- If you have come to a mutual agreement with your spouse on any of the terms of your divorce, put it into writing and include it with your divorce packet.
- Provide all the relevant evidence as requested by the court.
- Collect the judgment from the court in order to finalize your divorce.
Residency Requirements
Before even initiating the divorce proceeding in California, you must meet the residency requirements for the state. In California, at least one spouse has to have been a resident of the state for the last six months.
Prepare Grounds for Uncontested Divorce
An essential part of completing the initial legal framework is selecting the appropriate grounds for the divorce. California is a no-fault state, so neither spouse has to prove any fault for the breakup of the marriage. There are two grounds for divorce in California – irreconcilable differences, which have caused the irremediable breakdown of the marriage, and permanent incapacity to make decisions (also known as incurable insanity).
File for DIY Divorce
The next step is filing for divorce. All divorces start with a Summons and a Petition.
The Summons is a notice to your spouse that you have filed for a divorce.
The Petition is the actual request for a divorce. It lists information that is required before a judge can grant a divorce, including residency information, the date of the marriage and separation, and your general position on the divorce issues.
When you file the Petition, you will have to pay a filing fee, which in California ranges from $400-$500.
Once the Summons and Petition have been filed, you will have 30 calendar days to serve your spouse with a copy of all the documents. Proper service is necessary to move forward with the divorce process. The papers cannot be delivered by you, so you will have to use the Sheriff’s office, a professional process server, or any adult over the age of 18.
Your spouse will have to sign a document acknowledging receipt of the papers. This proof of service will have to be filed with the court, officially kicking off the divorce proceeding.
In California, there is a mandatory 6-month waiting period that doesn’t begin until proof of service has been received by the court.
In case your spouse disagrees with any of the components listed in the petition, that court of law will ask you to arrange a hearing in the presence of the honorable judge. If an agreement or mutual bonding between both of the spouses exists, it will make the whole preceding easy and may help in avoiding the court hearing.
During the DIY Divorce Process
While the divorce is in process, the spouse will not be allowed to leave California with your children unless you get permission from the relevant authorities. Other restrictions during this time include not making changes to insurance policies, not transferring or disposing of any property, and not transferring large amounts of money without approval from the relevant authorities.
Division of the Property
Property in California falls under two categories: community property and separate property. Normally, assets earned or liabilities gained after marriage fall under the category of community property. Therefore, this property will be divided between both spouses. Having an agreement with your spouse about the property division will help simplify the divorce process.
Arrange Custody of the Children
Another crucial stage of the divorce process is deciding on the custody and maintenance of any children from the marriage. You and your spouse will need to discuss who will have custody of the children, the amount of child support provided by the non-custodial parent, and a visitation schedule for the non-custodial parent. Spouses can agree on shared custody or opt for one parent to have sole custody of the children.
It is important to note that the agreement can be changed in the future if both spouses agree on a new one. If the parents cannot agree on the terms of child support and child maintenance, the court may order the parents to use mediation. If that doesn’t work, the judge will decide based on the best interests of the child, taking several factors into consideration.
Online Divorce
When doing a DIY Divorce, you need to gather and prepare all divorce forms yourself. The divorce forms can be found for free on your local court website or by visiting the local Clerk of Court’s office.
If you are not sure which forms to use or exactly how to fill out the forms, California has a self-help center for free advice or you can hire an attorney or use the more affordable option of an online divorce service.
Divorcing over the internet is the most effective way to reduce the high cost of divorce in California. The average divorce involving attorneys in California costs roughly $25,000-$30,000 for each spouse. Why spend so much money when you can get a divorce for a fraction of the cost by doing it online?
For a reasonable price, the online service takes on all the paperwork issues of a particular divorce case. The user just has to complete an online questionnaire, providing the necessary information concerning the case. Then, in around two days or less, they will receive the completed, ready-to-print divorce forms by email.
Requirements of Online Divorce in California
As long as you meet the residence requirements for the state of California, the only requirement to get an online divorce is that your divorce is uncontested.
Many websites can help you deal with the whole divorce procedure. The best online divorce sites provide you with step-by-step instructions throughout the entire process and offer 24-hour customer support if you have any questions
Each site has its own specific set of requirements in order to proceed with your request, but the main steps for an online divorce include the following:
- It is important to make sure your divorce application is uncontested and both spouses agreed on the common terms of the divorce, including custody and maintenance of children (if applicable).
- Choose an online divorce service. It is recommended that you select a service that has been around for a while and has a proven track record.
- Complete a questionnaire on the chosen platform to make sure that you qualify and to provide the online divorce service with all the information they need to complete the necessary forms for your case.
- Pay the flat fee for the online divorce service.
- In around two days or less, you will receive your completed, ready-to-print divorce forms in your email.
- Print out the forms.
- Sign the forms.
- Visit California’s state court to file the divorce paperwork. Pay the fees specified by the relevant authorities. For an extra fee, some online divorce companies will even file your forms for you.
That’s all you need to file an online divorce in California.
Online divorce is a cheap and easy solution available for all uncontested cases, regardless of whether the spouses have children or property. Trusted online divorce companies have all the necessary legal forms that need to be filed for a divorce in California. So, by using an online service to obtain a divorce in California, you can save time, effort, and nerves.
