Guide to divorce in California without lawyers

The Essential Guide to Divorce in California (Without Lawyers)

So you are trying to avoid ‘lawyering up’ but you don’t know where to start? You’ve come to the right place.

 

Divorce in California has 3 main steps (assuming you and your spouse both want to stay out of court). DIY’ing your divorce does take some work but we make it as easy on you as possible. And regardless of which service you choose, we are always here to help you guide you. Ready for Divorce 101? Here we go…

Step 1: The Petition

Every Divorce (or Domestic Partnership Dissolution) starts with the Petition. If you file first, you’re the Petitioner. Your spouse is the Respondent. There is generally no legal advantage to being the Petitioner vs. the Respondent.

The Forms:

Quick Tip: Every time you file a document in person or by mail, you need an original and two copies. Some courts also require a local form. If we are filing and serving (ie. delivering to your spouse) your divorce petition for you, you can skip this tip – we’ve got you covered.

Quick Tip: Service of Process can get complicated. Learn more here. 

Let’s Do This

Premium members have unlimited access to our Divorce Navigator form generating software, instructional videos, and DIY templates. Already a member? Login here.

Schedule a FREE 15 minute strategy session, sign up for a free Starter membership, or learn more about our membership options.


Have questions? We’re here for you

We will prepare, review, and file your documents for you with DIY Pro, Divorce Plus, Divorce with Benefits or Cooperative Divorce memberships.

The Response

Or, if your spouse has filed the Petition, you may want to file a Response.

Related: I’ve Been Served With a Divorce Petition, Now What?

You do not have to file a Response, however, it’s often a good idea to (especially if you think your divorce will be contested). If you’re a Hello Divorce premium member, click here to start your Response.

Should I file a response?

The Forms:

Quick Tip: Every time you file a document in person or by mail, you need an original and two copies. Some courts also require a local form. If we are filing and serving (ie. delivering to your spouse) your divorce petition for you, you can skip this tip – we’ve got you covered.

Note

A Summons is filed with the Petition that has some basic restraining orders that apply to both parties. Among other things, both parties are ordered by the court not to:

  • Remove kids from the state
  • Cash, borrow against cancel or change beneficiaries of any insurance policy
  • Create a will or trust that affects the disposition of joint or separate property
  • Transfer, borrow against, conceal or dispose of any property (without the written consent of the other party or court order).

Temporary Orders (Optional)

Divorces take at least 6 months and 1 day after the Petition is served (that’s just the way it is). If that feels like too long to go without help from the court, you don’t have to wait until your divorce is final.

At any time during your divorce, you can request orders from the court to assist with:

  • Child custody and visitation
  • Child support
  • Spousal support
  • Lawyer fees
  • Exclusive use of home or financial accounts, payments of debts, other temporary property orders

The (Usual) Forms:

Quick Tip: Usually it takes 4-8 weeks to obtain a court date. If you have “exigent circumstances” (such as your spouse won’t allow you to see your kids or you don’t have enough money to pay for basic necessities such as food or rent), you should consider filing an additional document with your RFO. This process is called an “Ex Parte” and/or a Request for an “Order Shortening Time.”

Quick Tip: If you and your spouse can come to an agreement before the actual hearing, you can prepare, sign and file a Stipulation and Order (and avoid steps 4-6 above). Use our template or hire us to prepare and file the docs for you.


Court Hearings

Depending on how complex or contested your case is, there are other court hearings that might take place in this step. Learn more about these types of court hearings.

Have questions? We’re here for you!

Need help strategizing your request for orders? Schedule a legal coaching session with an experienced divorce lawyer.

Related: Preparing for Online Court, Tips for Writing a Persuasive Argument

Step 2: Financial Disclosures

You are required to exchange court forms that disclose complete information about your income (from all sources), expenses, property and debts with your spouse. Even if you already have a full agreement with your spouse (good for you!), you still must exchange these documents.

We’ve got loads of resources to help you with this. We recommend that you start with these to get a sense for what they are and what documents you’ll need to gather to complete them:

All the info you need for your financial disclosures

Disclosures (in a nut shell)

The Forms:

 

Quick Tip: The fancy (legal) word for disclosures is “Preliminary (or Final) Declaration of Disclosure” or PDDs. Disclosures and discovery responses become both negotiation and (if necessary) trial tools.

Quick Tip: If you or your spouse did not file a Response back in Step 1, the person who did not respond does not have to prepare disclosures.

 

DIY The Strategic Way

Premium members have unlimited access to our form generating software. Already a member? Login here.

Schedule a FREE 15-minute strategy session, sign up for a free Starter membership, or learn more about our membership options.


We’re Here for You

We will prepare, review, and/or file your documents for you with DIY Pro, Divorce Plus, Cooperative Divorce, or Divorce with Benefits.

Or, if you prefer, we’ve got a la carte services:

Step 3: Written Agreement + Judgment Forms

There are different ways the two of you can come to an agreement.

  1. Start with our Settlement Agreement Worksheet to ensure you know all the issues that need to be resolved before you finalize your divorce. Consider speaking with a lawyer to flesh out your various positions or calculate support prior to negotiating with your spouse.
  2. Get more information: Something missing? Ask your spouse to disclose informally. If that doesn’t work, consider a more formal process to obtain the information you need (we can help!)
  3. Negotiate, mediate, or litigate: Negotiation can be by email, in person, or with a consulting attorney. Mediation is usually with an experienced, neutral family law mediator who can guide you through the process and help you and your spouse come to an agreement on all the substantive issues (think: kids, support, property, and debt). Litigation is your last resort – if the two of you just can’t come to an agreement that feels fair and reasonable.

Basic Forms:

Your Divorce Judgment is a Big Deal

If there is one part of your divorce to focus on, this is it. No part of your divorce will matter more. Having the best of intentions without educating yourself on your rights is doing yourself a huge disservice. The terms in your divorce judgment can have a profound impact on your future, and if you are anything like us — you want to move past this point in your life with a fresh, strong start — transition to a new, healthier, mindful space.

Resources to Support You

Consult our resource library to help you strategize your position and negotiate with your spouse.

DIY The Strategic Way

Premium members have unlimited access to our Divorce Navigator, form generating software, instructional videos, and DIY templates. Already a member? Login here.

Schedule a FREE 15-minute strategy session, sign up for a free Starter membership, or learn more about our membership options.


We’re Here for You

We will prepare, review, and/or file your documents for you with DIY Pro, Divorce Plus, or Divorce with Benefits.

Submitting Your Judgment

Have we mentioned that it’s a REALLY good idea to have us review your Judgment before you submit?

A Few Final Notes…

Your divorce will be complete after your Judgment is filed –  but there are still a few steps you should take to ensure that you and your family are financially protected.

    1. If you would like to legally change your last name to your maiden name, look no further! This resource gives you all the details for getting that accomplished.
    2. Make sure that the Qualified Domestic Relations Order (QDRO) is entered and implemented (if there is a provision in your Judgment that provides retirement account(s) will be divided by QDRO). Look to our resources, What is a QDRO, and Understanding QDROs for more.
    3. Change your beneficiaries (life, health, pay on death accounts, etc.) assuming it doesn’t conflict with your Divorce Judgment.
    4. Change title and mortgage information (may need to refinance) to your residence to reflect the name of the spouse to who the asset was assigned to. If you are “deferring sale” (holding off on selling or transferring the home until a date certain), you should consider severing joint tenancy or changing the title to reflect tenants-in-common so that you each hold a 50% interest in the home.
    5. Update your will or other estate planning documents including the power of attorney and/or advanced health care directive.
    6. Notify your auto insurer of any changes in automobile drivers, ownership, and addresses.
    7. Remove your name from any debts or loans that are no longer your responsibility (to the extent possible).
    8. If you change jobs, notify your new employer of any court-ordered support you currently pay through automatic withholding (wage garnishment).
    9. Celebrate how far you have come! Divorce is a marathon – not a sprint. You’ve worked hard to get here and we wish you the best in your next chapter.

We get it, easier said than done.

But assuming your divorce is amicable (or heading in that direction), you can do this without full representation by a lawyer. Just remember, this is a process that you can’t avoid – but that doesn’t mean you need to struggle with it alone or spend $26,200 (the average cost of divorce per person in California).

Take this one step at a time – we’ve guided & coached 1000s of people through the process before you – we like helping (and we’re good at it).

We Also Recommend

Schedule Free Strategy CallCLICK HERE
+