Last Updated on July 11, 2022 by Fair Punishment Team

You’re here because you’re a resident of California and you’re ready to file a divorce but don’t know how to get started. Divorce is a method for dissolving marriage of a traditional or same-sex marriage.

Divorces, in many different flavors shapes and varieties. They can be simple meaning no children property or assets to divide. Or they can be complex with lots of assets to divide debts to divide in complicated child issues. Not included in the scope of this article are explanations about custody and parenting time or alimony and child support.

The first thing you need to decide is if you will use a lawyer or go the do-it-yourself route with an online divorce service. If your divorce is simple meaning no children no assets and minimal debts involved you might be able to effectively use an online divorce service. But if any of those issues are even slightly complex it might be a good idea to use a lawyer.

This article will provide you with the basics on how to file a divorce in California but there is no substitute for competent legal counsel in your area if you’re considering a divorce. 

Do you need an attorney for divorce in California?

It’s always good to consult with an attorney at the beginning of the divorce process. Whether or not you need an attorney for the actual divorce depends on whether or not you and the other party are in agreement or disagreement about how the divorce should proceed.

While it’s always best to have competent legal counsel assist you with any legal documents many people are able to complete the divorce process on their own and without the help of an attorney. The more that you fight with the other party and disagree with how things should be divided or what should happen with custody the more likely you are to need an attorney to help you with the divorce process.

Tell me the cost of divorce in California?

Cost breakdown in different ways for a divorce. The first cost that you will incur many times is the filing fee. The filing fee in California is $435. Next you will have service of process fees where you will have the sheriff or a private process server serve the other party with the divorce paperwork.

None of the fees discussed so far include attorney fees as you’ve probably noticed. Attorney fees can come in at any stage for instance before you ever file the original petition you might consult with an attorney and retain them and have attorney fees before you filed your case. You might also hire an attorney after you’ve already filed your divorce case pay the retainer and incur attorney fees throughout the remainder of the case.

The cost of the divorce will largely depend on how much and how often the parties are in disagreement about what should happen with the divorce. The more that the parties fight the more that the attorneys are going to charge weeding through the various issues.

Is there a faster way to get a divorce in California?

The short answer is no. The fastest way to get a divorce in California is through a summary dissolution. A summary dissolution has certain requirements to qualify such as having no minor children and the parties a green that there are irreconcilable differences.

There are other requirements regarding dad‘s assets and being married for less than five years among other things. Even in the summary dissolution it still takes six months in a day to complete the divorce. This means that they absolute soonest and fastest way to get a divorce in California will take at least six months in a day to complete and most divorces in California take longer than that.

How long does it take to get separated before filing for divorce in California?

In California there is no minimum required amount of time to be separated before filing for divorce. However as mentioned above there’s a minimum timeframe for actually completing the divorce process.

It can take anywhere from a few weeks to a few months to get all of the paperwork together and file for divorce. After the divorce is filed it’s going to take at least six months in a day for the divorce to become final.

This is why even if you and the other party are in complete agreement about everything it’s still going to take at least six months to get the divorce completed. If there are any disagreements along the way it could take even longer than that.

It’s always best to consult with an attorney about your specific situation so that you have a better idea of how long it will take to get through the process and what you can expect.

California is a no fault divorce state

California is a no fault divorce state meaning that the only issue needing to be listed is a irreconcilable differences. This is different from needing to prove that one spouse cheated on the other or has abandoned the other.

In a no fault divorce the parties simply need to state that there are irreconcilable differences and a judge will grant the divorce. This has made getting a divorce in California much easier than it used to be.

Requirements for Divorce in California

In a California divorce the parties must have resided in California for at least six months prior to filing. The divorce process in California is not simple and requires 14 forms be filled out by each party during the case.

Not each form is discussed in this article however in summary they include: financial disclosures, separate property forms, community property forms, child support, child custody, and spousal support. The forms are complicated and can be overwhelming and often times a party seeking a divorce who has received the forms will talk to an attorney for help on filling them out.

DIY Divorce Filing in California

Generally speaking a do it yourself divorce can be accomplished in two ways. One is to go to the court or online to obtain the packets and forms necessary to file out the paperwork yourself. The other is to use an online divorce service.

Online divorce services are available on the web and discuss the different price options and availability of forms that are needed to be filed based on your state or county. When it comes to filing a divorce yourself the biggest question mark is whether or not the divorce issues are going to be contested. A contested divorce means that the parties are in disagreement about how the property or debts should be divided or are in disagreement about the parenting time plan or custody determination.

To the extent that the parties are in agreement on the major issues a do it yourself divorce is possible keeping in mind that the forms and process itself will be complicated. It’s always recommended that you consult with an attorney prior to filing any divorce proceedings so that you fully understand the process and steps that are required to successfully complete your divorce.

FAQs

What is the first step in filing for divorce in California?

The first step in filing for divorce in California is to get a copy of all the forms that are needed to be filed with the court. Some of these forms were discussed earlier in this article. In all cases in California there are at least four major categories that are going to be included in these forms.

They are; division of assets, child custody, child support, and spousal support. Each one of these categories then breaks down the issues even further. For instance within the division of assets you’ll not only discuss homes cars and bank accounts but you’ll also include any division of debt. Within the child custody court category you’ll have to consider physical custody or equal coparenting.

Courts favor 50-50 custody when possible. Once all of the forms are filled out you would file the case as the petitioner and serve the respondent with the paperwork.

How much does it cost to file divorce in CA?

A portion of the cost to file a divorce in California were discussed earlier within this article.

There are two major categories of costs and any divorce case. The first are filing fees that go to the court or state associated with the filing of the case.

The second are ancillary costs such as attorney fees, custody evaluator fees, appraisal fees and similar cost related to the divorce is litigation. Generally speaking the more that the parties are in disagreement and are contesting issues the higher the price of the divorce will be especially when it comes to attorney fees.

Some of these other cost can be negotiated by the attorneys or ordered by the court to be paid by one party or the other.

An average cost of a divorce in California is $13,500.

What is a wife entitled to in a divorce in California?

What a wife is entitled to in terms of spousal support and child support depends primarily on the marriage length and each spouses’ income. The wife is often entitled to 50% of the marital assets and 40% of the spouses income in the form of spousal support and child support.

These numbers are not set in stone, however, and the court will consider a variety of factors when making these determinations.

In terms of property division, the wife is often entitled to 50% of the marital assets. These assets can include homes, cars, bank accounts, and retirement accounts. The division of assets is not always equal, however, and the court will consider a variety of factors when making this determination.

Some of these other cost can be negotiated by the attorneys or ordered by the court to be paid by one party or the other.

How long after getting divorced can I remarry in California?

There is a waiting period in California of six months after the date of divorce before you can remarry. This is true even if you and the other party are in complete agreement about everything and there are no contested issues.

This six-month waiting period is required by California law and there is no way to waive it or get around it. Even if you get an annulment instead of a divorce you will still have to wait six months before you can remarry.

The only way to avoid the six-month waiting period is to go through a legal process called a summary dissolution.

How does child custody work in California during a divorce?

Child custody is one of the more difficult aspects of a divorce because there are so many different ways that it can be decided. The best way to make a child custody determination is for the parents to come to an agreement on their own about what is in the best interest of the child. If the parents are unable to agree then the court will make a decision based on what is in the best interest of the child.

There are a few different factors that the court will consider when making a child custody determination.

• The first is the age of the child.
• The second is the health of the child.
• The third is the relationship of the child with each parent.
• The fourth is which parent is more likely to allow the child to have a relationship with the other parent.
• The fifth is the child’s preference if the child is old enough to make a reasonable decision.
• The sixth is any history of domestic violence by either parent.

What are the grounds for divorce in California?

There are two different types of divorce in California, fault and no-fault. A no-fault divorce can be granted if the parties have been separated for six months or more and there is no chance of reconciliation. A fault divorce can be granted on the grounds of adultery, abandonment, cruel and inhuman treatment, or felony conviction.

What is the residency requirement for filing for divorce in CA?

The residency requirement to file for divorce in California is that at least one of the parties must have been a resident of the state for at least six months and a resident of the county where the divorce is being filed for at least three months.

Can I file for divorce in California without an attorney?

You are not required to have an attorney to file for divorce in California, but it is highly recommended. The divorce process can be very complicated and an attorney will be able to guide you through the process and help you make the best decisions for your situation.