Can I get a divorce in CA without a lawyer? Yes. But however cost-effective and simple a California divorce without a lawyer might seem, handling your divorce without attorney advice can come with many unnecessary costs. So, let’s go over how divorce works in California and why you might want to hire an experienced attorney to save time, money, and stress in the long run. For more information and attorney assistance, you can call the Law Offices of Ali Yousefi P.C. Our advocacy is top-rated and effective.
How Can I Get a Divorce in CA Without a Lawyer?
Getting a California divorce without a lawyer often involves multiple steps. If you don’t get the steps of a divorce right, you might have to start over, or you might lose rights and money that you could have retained with the help of an attorney. Below is a basic breakdown of California divorces, but each couple’s case can differ due to their unique circumstances.
Establish That You Have the Grounds for a Divorce
The first thing to address is what grounds you have for a divorce. California is a no-fault divorce state, so the only ground that you have to prove is that irreconcilable differences caused the irremediable breakdown of your marriage.
Make Sure California Is the Right State for Your Divorce
An important initial step to getting a no lawyer divorce in California is to make sure that you fulfill the residency requirements. In general, a married couple can get a divorce in California if at least one of the spouses has been a resident of the state for six months or longer. If you meet this requirement, you must file your divorce case in a county where you or your spouse has lived for at least three months.
File Your Divorce Petition with the Court
Once you know which court is the right forum for your divorce, you need to open your case by filing a divorce petition. To get a petition form, you can contact the county court where you plan to file, or you can visit the court’s website.
On your petition, you must provide information about:
- When you got married,
- Any minor children you share with your spouse,
- How you would like the court to handle child custody and parenting time,
- Whether you want spousal support,
- The property you and your spouse own separately,
- Debts you and your spouse incurred separately,
- Community debts and property that you and your spouse share,
- Whether you seek a name change upon divorcing, and
- Whether you want your spouse to pay your legal fees.
A divorce petitioner who shares a minor child with their spouse must also file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act. This form provides additional information about your children, their care, and any court cases that involve them.
Depending on your needs, you might need to file other paperwork to establish your property and custody rights. Our knowledgeable legal team at the Law Offices of Ali Yousefi, P.C. can identify and file all of the necessary paperwork for your case.
Serve Your Spouse with Your Divorce Documents
You cannot officially open your case until you give your spouse official notice of the proceedings. This means that you must serve your spouse with your divorce petition and a summons after you file your case. Personal service involves having someone who is at least 18 deliver your divorce paperwork to your spouse.
Proving Your Property Rights
In every divorce, the court must decide what happens to the couple’s property. Unless you and your spouse agree otherwise, the court divides your community property and community debts equally, and the court allows each spouse to keep all their separate property and debts.
Proving what is subject to equal division and what you can keep entirely for yourself can be a challenging process.
California law defines community property as whatever you or your spouse acquired while you were married and anything you purchased with community funds. Separate property is what you obtained before marriage and anything you got during your marriage through a third-party gift or inheritance. You might have to review countless financial records and analyze contracts to determine the nature of each asset you own. An attorney’s help can be crucial to correctly identify property and debts.
Proving Your Child Support and Custody Rights
California courts make custody decisions based on the best interests of each child. Judges look at the following to make their determinations:
- The health, welfare, and safety of each child;
- Whether either parent has committed abuse;
- Whether either parent has a history of substance abuse; and
- The amount and nature of contact the child has had with each parent.
Along with witness testimony, you might have to provide medical, school, and police records to prove your right to custody. If you have had an issue with substance use or abuse in your past, you may need an attorney’s help to convince the court that granting you custody is still in your child’s best interest.
Your or your spouse’s child support obligation depends on the amount of custody each of you receives and how much you earn. An unfair support determination can cause significant financial strain. An attorney can ensure that any support you receive or pay is appropriate in light of your circumstances.
Reach Out to the Law Offices of Ali Yousefi, P.C. Today
Can I get a divorce in CA without a lawyer? This is a common question. However, the better question is, should I get a divorce without a lawyer? The answer is no in many cases. Divorce cases are complex, and a lot is at stake, so attorney assistance to protect your interests can be vital. Award-winning divorce attorney Ali Yousefi and his skilled legal team can obtain the best outcome for you. If you are unsure about hiring an attorney, attending a consultation with us can help you understand what you might need in your case and how well you will be able to handle it on your own. Call us today or contact us online to schedule an appointment.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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