how to file for divorce in california by yourself

how to file for divorce in california by yourself

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Filing for divorce in California by yourself (a "do-it-yourself" divorce) involves several key steps that you must handle without a lawyer. These include meeting residency requirements, collecting and filling out the necessary court forms, filing the paperwork with the court, serving the divorce papers to your spouse, complying with financial disclosures, and waiting out the mandatory six-month waiting period before the divorce can be finalized.

Key Steps to File for Divorce Yourself in California

Meet Residency Requirements

At least one spouse must have lived in California for six months and in the county where filing for at least three months before starting the divorce process.

Gather and Fill Out Required Forms

You need to complete core forms including:

  • Petition for Dissolution of Marriage (form FL-100)
  • Summons (form FL-110)
  • If you have children, additional forms such as the Declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105) are required.

File Your Forms with the Court

Submit the completed forms to the court clerk at your local courthouse or electronically if your county permits. There is a filing fee (approximately $435), but fee waivers are available for those who qualify. Make at least two copies of all forms.

Serve the Divorce Papers

You must have someone else (not you) serve the divorce papers to your spouse. Your spouse then has 30 days to respond.

Complete Financial Disclosures and Reach Agreements

Both spouses must exchange financial information and, if applicable, negotiate agreements on property division, child custody, support, and visitation. If there is mutual agreement, you can avoid court hearings.

Submit Final Paperwork and Wait for the Divorce to be Finalized

After the six-month waiting period from when your spouse was served, submit Judgment and Notice of Entry of Judgment forms. The court will review and finalize the divorce. In summary, filing a divorce yourself in California requires preparation, attention to legal procedures, and patience through the mandatory waiting period. The process can be done without an attorney if your divorce is uncontested or straightforward.

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