Get California Online Divorce Forms for $49.99/month– Limited Time Offer!
Get California Online Divorce Forms for $49.99/month– Limited Time Offer!
I’m Dina Haddad, a family law attorney-mediator in California. I’m so tired of couples not having a process that’s easy to complete their divorce. They are getting lost, wasting time and money, and beyond frustrated with their results.That’s why I created The Complete Divorce. I took my successful mediation practice and condensed it into an affordable and winning program.
DIY divorce is when you do all or most of the work in getting a California divorce by yourself without an attorney. This allows many people to save money and have some say in how things go.
The answer to whether you should use DIY will depend on the specifics of your situation, how much you agree with your spouse on the issues, and how complex your case is.
Divorce Expert, Dina’s Note: In 2006, I saw the need for affordable legal services before the AI-boom. The Complete Divorce was crafted with care so that you can easily divorce from the comfort of your home.
We are constantly improving the program and keeping it up to date with California’s changes, including the new joint petition, FL-700. Subscribe and join at the next live webinar.
A DIY divorce is often possible if the couple has already agreed on how they will divide their marital property, who will pay support to whom, and all other terms related to the children, including custody and visitation rights.
Since there are few disputes, there will be fewer procedural problems that could increase costs or delays.
Neither spouse owns business interests, such as stocks or real estate holdings, nor does either party have an interest in any pension plans.
When couples have uncomplicated financial situations, they typically face fewer financial and legal issues. Therefore, it would likely be easier to settle your marital assets through a self-represented action.
The California court system has very specific rules regarding paperwork requirements, filing timelines, and disclosure statements for divorcing parties.
Organizing documents prior to submission to the court will help avoid re-filing due to errors or omissions.
If spouses can reach an agreement and execute a full and complete settlement agreement, the divorce will generally take less time.
It will also be more predictable, and cost significantly less than if the couple were litigating issues before a judge.
When you have experienced domestic violence, harassment, intimidation, or other safety concerns, it is advisable to seek the services of a professional.
There may be times when you will need to obtain protective orders, deal with child custody issues, or find ways to safely communicate.
When divorcing spouses cannot agree on issues such as child custody, support, property division, or financial responsibilities, a DIY divorce can quickly become lengthy and stressful.
If negotiations repeatedly fail, professional guidance can help protect your legal rights and reduce the risk of costly mistakes.
Business ownership often requires valuation, income analysis, tax planning, and determining whether the business is separate or community property.
These issues are significantly more complex than dividing ordinary assets and usually require professional assistance.
An unresponsive spouse can create service, filing deadlines, and default judgment issues that may delay your divorce process.
Professional assistance helps ensure every required step is completed accurately and on time.
If you want help with your divorce without hiring a lawyer, The Complete Divorce can guide you from start to finish. We review your paperwork and provide you with access to educational materials regarding the divorce process.
Additionally, we assist you in preparing accurate divorce papers at a cost that is much less expensive than what you would pay if represented by a lawyer. Learn more about our pricing here. The program offers the following benefits to self-representation couples:
Make certain that you meet California’s residency requirements prior to filing for a divorce. This checklist is specifically designed for non-military spouses. Filing too early could cause a delay in your divorce or force you to file for Legal Separation first. Learn more about legal separation vs divorce.
If you fail to properly identify the correct county of jurisdiction, this could lead to unnecessary delay.
Before filling out any divorce forms, decide which of California’s divorce processes is best suited to your case.
Some couples may qualify for a short-cut Summary Dissolution , but many will need to file a regular dissolution. To choose, you first need to understand the requirement for both types:
Having all your identification documents in front of you when filling out legal documents will help keep the process moving and make it a lot simpler to fill out legal documents.
In California, both parties are legally required to disclose their finances accurately, signed under penalty of perjury, within 60 days of filing.
Failing to do this can delay your divorce, attract court fines, or affect the validity of your divorce judgment in the future.
Once you file your petition for dissolution, your California divorce will begin. Everything in your filing form lays the foundation for your case, from serving your spouse to obtaining the final judgment.
Therefore, it is extremely important that you complete your documents accurately and in full. Incomplete or inaccurate paperwork may cause delays in your case.
The FL-100 Petition for Divorce informs the court as to what you would like to see happen in your case.
This includes providing the court with details pertaining to your marriage, any minor children you have, and any type of relief you feel is necessary.
Fill out each portion of the form as carefully as possible. Mistakes made during the initial filling out of the form may require changes later.
You must notify your spouse that a divorce case has been filed against them and explain the limitations that exist as long as your case remains open.
Both the FL-110 Summons and the FL-100 Petition must be submitted with the filing of your petition. Once you receive your Case Number, you must personally serve your spouse with both of these documents.
If you and your spouse have children who are less than 18 years old at the time of filing, you must complete the FL-105 so that the court knows where each child has lived since birth.
Additionally, you need to indicate whether there are any custody actions currently pending. This document will assist the court in determining jurisdiction over all aspects of child custody.
Once you have completed and signed all of the documents listed above, you must submit them to the Superior Court within the proper county, along with payment of a filing fee or obtain a fee waiver if eligible.
As part of TCD’s Fully Assisted Divorce Service, we will prepare and submit your entire petition package, minimizing the potential for errors when filing the documents with the court.
Serving your spouse is a major step in your California DIY divorce. The court will not proceed with your case until it receives evidence that service was properly completed and proof of service has been filed.
Omitting a required document or employing the wrong person to deliver the documents could slow down your divorce, and you would likely need to do the process again.
Financial disclosures are mandatory for all divorces in California, except when an applicable legal exemption applies. Under penalty of perjury, each spouse must provide full disclosure regarding his/her income, assets, liabilities (debts), and expenses.
Failure to do so completely and accurately may delay proceedings, result in court sanctions, or even have a subsequent court judgment entered against you if it is determined at some future time that assets were concealed or omitted.
This will protect both parties from any claims of fraud and allow the court to verify that any agreement reached was made with a clear understanding by each party of the other’s true financial situation.
Your marital settlement agreement (MSA) will outline how you have resolved all of the issues to which both you and your spouse agree as part of your divorce.
The courts may reject an MSA if it lacks clarity or detail, contains conflicting information, or otherwise fails to meet the required standards.
An MSA outlines the terms of your legal rights and responsibilities, so it is considered a key document for a DIY divorce. This importance is why The Complete Divorce offers full support to spouses to draft a legally enforceable MSA.
Drafting a good MSA is a matter of clarity. The best way to draft an MSA is to use specific language.
This will help ensure that you avoid vagueness and cover all marital assets and obligations. Both parties sign and have their signatures witnessed by a notary public once they agree on the final terms.
The Complete Divorce can assist in reviewing an MSA for completeness and checking for common drafting errors prior to submission.
No Qualified Domestic Relations Order (QDRO) is needed to transfer money from either spouse’s retirement account(s) unless a QDRO is required to divide many types of employer-sponsored retirement accounts (such as 401(k)s and/or pensions).
However, you would require a QDRO if your retirement benefit(s) were being transferred from a retirement plan that does not allow transfers without a QDRO.
You are very close to finishing the divorce process; however, it will not be finalized until all required steps are completed.
Before submitting your final paperwork, you should verify that your MSA has been signed, your financial disclosures have been exchanged appropriately, and that you have completed your parenting plan if you have minor children.
California requires an additional 6-month waiting period from the time the respondent is served or appears in the case before a divorce becomes final.
The waiting period cannot be shortened or waived regardless of whether both parties agree or if all documents have been reviewed/approved by the court.
Complete all necessary paperwork needed to get your divorce finalized by the court. This can generally be found in the “Final Papers” section of your case file (Judgment Packet), with typical items being the FL-180 (Judgment), the FL-190 (Notice of Entry of Judgment), any other relevant property declaration forms, and the FL-335 (Proof of Service by Mail), to confirm that your spouse has received the Final Judgment Package. If applicable, include the Child Support Orders and/or your Parenting Plan/Custody Order.
Generally No. Because Dina Haddad reviews all paperwork submitted through our service for accuracy, most divorces completed through The Complete Divorce do not require an appearance in court.
An exception would be if you elected to complete this process independently via our DIY program ($49.99), or if the court requests further clarification, additional documentation, or other information to enter judgment.
Once you have approval from the judge that your case is approved, both parties will get a copy of FL-180 and FL-190 (which are signed) via U.S. Mail.
Once the waiting time for a minimum of six months has passed and if there is no longer a mandatory waiting time as per your situation, your divorce can be filed as “officially” finalized on the date stated in the judgment.
The cost of a DIY divorce will depend on your eligibility for a fee waiver by the court, and choose to use the document preparation services offered through online resources or elect to hire an attorney to assist you with document preparation and/or review.
In California, a minimum of six months must pass before a divorce becomes effective. This six-month waiting period commences upon either the Respondent being personally served with the Petition or the Respondent filing their response.
As long as both parties work cooperatively and submit all necessary documentation accurately and promptly, the DIY divorce can be finalized shortly after the six-month waiting period.
Yes, having children does not exclude you from completing a DIY divorce. There are, however, additional forms that you will need to fill out concerning child custody, visitation rights, child support, and parental responsibilities/parenting arrangements.
If you and your former spouse can reach an agreement regarding these matters, it is likely that you will still be able to complete a DIY divorce.
In most cases, if your spouse does not respond by the due date, you will be eligible for a Default Divorce.
You will have to submit all the necessary paperwork and meet all California Disclosure and Service Requirements prior to the Court being able to enter a Judgment on this matter.
Usually, no. The majority of Uncontested California DIY Divorces are finalized by completing all necessary paperwork without both spouses ever having to stand before a Judge.
A Hearing may be scheduled by the Court however when documents submitted are deemed incomplete or insufficient, or there are additional questions or disputes remaining that cannot be resolved through the submitted documentation.
