In California, it is possible to file for divorce without an attorney, which is known as a "pro se" or "self-represented" divorce. However, please note that divorce can be a complex legal process, and having an attorney can provide valuable guidance and ensure your rights are protected. If you choose to proceed without an attorney, here are the basic steps to file for divorce in California:
Meet the Residency Requirements: Either you or your spouse must have lived in California for at least six months, and you must have lived in the county where you plan to file for divorce for at least three months before filing.
Obtain the Necessary Forms: Visit the California Courts website (www.courts.ca.gov) to access the required divorce forms. The specific forms you'll need depend on your circumstances (e.g., with children or without children).
Complete the Forms: Fill out the forms accurately and thoroughly. If you have any doubts or questions, it might be a good idea to consult a legal aid organization or a family law facilitator in your county.
File the Forms: Take the completed forms to your local courthouse (Superior Court) in the county where you or your spouse reside. There will be filing fees, but if you are unable to afford them, you may qualify for a fee waiver.
Serve Divorce Papers: You must serve a copy of the filed divorce papers on your spouse. California law has specific rules about how this should be done, so make sure to follow them carefully.
Respond to the Petition (if applicable): If your spouse files for divorce and serves you with divorce papers, you have the opportunity to respond to the petition within a specific timeframe.
Financial Disclosure: Both parties are required to complete and exchange financial disclosures, which include information about income, expenses, assets, and debts.
Negotiate and Reach an Agreement: You and your spouse can work together to negotiate the terms of your divorce, such as property division, child custody, and support. If you can reach an agreement, you can submit it to the court for approval.
Finalize the Divorce: If you and your spouse have reached an agreement, you can submit a judgment packet to the court for review. Once approved, the court will issue a divorce decree, and your divorce will be finalized.
Please be aware that divorce laws can be complex and vary depending on individual circumstances. While filing for divorce without an attorney is an option, it's highly recommended to at least consult with a family law attorney or a legal aid organization to understand your rights and the potential implications of your decisions.