Getting a divorce is an intimidating prospect. It can be an expensive one as well. For those who cannot afford attorney fees, there are ways to get the divorce without hiring lawyers to litigate in court. One of those ways is do-it-yourself divorce. But how do you know what to do?
For those who want to try doing it on their own in California, the court system has a very helpful website with plenty of self-help resources for divorce, as well as printable legal forms and links to other resources. You can find information on such topics as –
- How to file for divorce or separation
- How to respond to a “petition and summons for dissolution (divorce) or legal separation”
- How a contested case is handled differently from an uncontested case
- Property and debt division
- Spousal/partner support
- Child support
- Child custody and visitation
- How to complete the divorce
- How to collect a family law money judgment
In California, it is not necessary for both spouses to agree to end the marriage. Either spouse can decide to end the marriage and the other spouse cannot stop the process by refusing to participate. California is a “no fault” divorce state, which means the person initiating the divorce does not have to prove the spouse did something wrong. The initiator simply has to state that the couple has “irreconcilable differences”.
There is a lot of work to be done in between filing for divorce, and the final divorce agreement. Some circumstances may require the advice of an attorney, such as complex property and debt division. You can hire a lawyer to help you with parts of your case, such as reviewing paperwork or offering legal advice on certain issues. This is called “limited scope representation”. There are links on the website to help you find an attorney.
In some cases, the couple is in agreement on all matters. But more often, even if there are some points of agreement, there will be some issues that they cannot seem to agree on. This is when mediation could be used to sort out those issues and negotiate terms that both spouses will be able to accept. A mediator is an impartial, trained professional who helps people talk through the issues so they can settle the disagreements themselves. Mediators do not make decisions, and cannot force either spouse to agree to anything. The website has information about how to find a mediator.
Other resources discussed on the website are –
- Family law facilitators (FLFs), who can help with child support and paternity/parentage problems.
- Small claims legal advisors (SCLAs), who can help with small claims cases.
- Self-help centers (SHCs), which can help with many kinds of problems associated with divorce.
Each of these resources may also be able to refer you to others who can help you.
If you are a little anxious about doing the divorce on your own, even with the online self-help resources for divorce, you might feel more comfortable with an ally who can help you negotiate a mutually satisfying divorce agreement, assist you in filling out the necessary divorce forms correctly, and even take them to the court for filing. If this is true for you, Divorce With Dignity can help you through the divorce process with the least amount of stress in a very cost-effective way. We invite you to visit our website to learn how we can guide you through this difficult time, and provide referrals to other professionals and resources who can help you as you rebuild your new life. Click here to find a Divorce With Dignity specialist near you. You don’t have to do it all on your own!
The author of this blog is not an attorney and the information contained in these blogs should not be considered legal advice. The information provided here is based on the experience of the author and some of her clients whose actual names are not mentioned. Do not hesitate to seek the advice of an attorney if you have any legal questions.
