How to File for Divorce in California by Yourself: A Step-by-Step Guide

If you are living in California and on the verge of breaking your relationship with your spouse, then you must have lots of questions related to divorce as well. You are not the only one. Many couples looking for a divorce want to know how to file for divorce in California by you. It is not as tedious as it seems. You can file a divorce in California by yourself or a DIY divorce in easy-to-follow steps. Once you know these steps well, you can easily handle the entire process without hiring a lawyer.

It is very important to learn everything about the possible legal requirements. Once you know all this, it will become easy to make things happen very smoothly. If you are not financially stable and can’t afford the cost of lawyers, it is a good choice to file for divorce on your own. It is called the DIY divorce.

The term DIY divorce means that all responsibility of preparing and filing the necessary forms, serving your spouse, and finalizing the divorce rests with you, the filer. It is an economical process, but it still requires learning everything about the legal requirements related to it. Most people prefer this kind of divorce because of the benefits like cost savings and moving with the pace of your choice.

Knowing all About Divorce

What is a Divorce?

Divorce is the legal term used for bringing a marriage to an end. In the process of ending the marital relationship, a court order is required. Under this court order, the marital relationship is brought to an end. Once this happens, each one in the couple is declared single. They can remarry if needed. Before going for a divorce the couples have to handle issues like property division, child custody, and support.

What is the Difference Between Legal Separation and Divorce?

In case of legal separation, the couple can leave each other and stay away, but they do not end the marriage. It is the choice of those who are not interested in breaking the marriage due to certain personal reasons like religion, finances and so on.

How to File Residency in California?

If any one of the spouses has decided to file for divorce in California, it is necessary to be a resident of California for a minimum of six months. It makes sure that the court is in a position to decide the jurisdiction over the case. In case the couple is not able to fulfill these legal requirements, it is not possible to proceed ahead.

How to File for Divorce in California by Yourself?

If you or anyone else around you is looking for the option of DIY divorce, then here is a step-by-step guide to proceed with the procedure.

Step 1: Prepare Your Forms

Before setting off for the DIY divorce in California, it is important to make sure that you have all the important documents that need to be filled duly. These forms include Petition (FL-100), Summons (FL-110), and the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, FL-105) if you have children.

Click here to find out all about the forms and how to get them. It is easy to fill out the form as all the information is available along with the forms. The spouses have to be careful in following the information while filling it out to avoid any problems. Add all the information accurately to avoid any problems in the future.

As you file these forms, the process of divorce actually begins. Therefore, make sure to recheck the form after filling and before filing to avoid the slightest chance of mistake.

Step 2: Filing Your Forms

After you have filled and rechecked the required forms, it is time to file them with the court. Check the courthouse and visit at the desired time, along with your completed forms. The court clerk will have a look at the papers and make sure that nothing is missing. After he gives the thumbs up, your case will be filed. The clerk will hand over the stamped copy of the record.

Usually, the process is not as costly as the process of getting legal assistance. Generally, it will cost you $435 to $450. In case you have a problem with the fee, you can submit Form FW-001 (Request to Waive Court Fees) along with your divorce forms for a fee waiver. In addition to this, you have to submit Form FW-003 (Order on Court Fee Waiver) for the judge to review. You will get a fee waiver if the judge accepts your request.

Once you have submitted the forms, you will be subject to standard family law restraining orders. These orders are added at the back of the Summons (FL-110). According to these orders:

• None of the parents can take the children out of state without written consent from the other spouse or a court order.
• Cancelling, cashing, borrowing against, or changing the beneficiaries of any insurance policies.
• Transferring, hiding, or disposing of any property except in the usual course of business or for necessities of life.

Read: Property Rights of Married and Unmarried Couples: A Comprehensive Guide

Step 3: Serving Your Spouse

It is important to know about the Service of process. It means sharing the divorce papers with your spouse. It makes sure that they get the official notification related to the legal action. It is the legal right of the spouse to stay informed and respond. However, proof is needed by the court regarding the fact that the notice was delivered to the spouse.

There are different ways to deliver the notice. The common methods include

• Personal Service, which uses a third party to deliver the divorce papers directly to your spouse. The third-party person delivering the notice has to be over 18 years of age and has never been convicted in the past.
• Mail Service is the second option. The papers are sent via a reliable mail service. Ask them to provide the return receipt that the spouse must sign to confirm that he/she has received the documents.
• Service by Publication is opted for when you are not able to connect with your spouse to inform him about the filing of divorce. You can get the notice published in the newspaper.

Once the spouse is served, you need to file a Proof of Service form (FL-115) with the court. The purpose of the document is to let the court know how and when the spouse is served. Make sure to complete the form with great care, as if there is some information missing, the court will not proceed.

Step 4: Responding to the Divorce Petition

After getting the divorce papers, make sure that you read them carefully. It will include Summons (FL-110) and Petition (FL-100), mentioning the spouse’s concern related to property division, child custody, and support.

For those staying in California, the response time is 30 days from the date you were served to file a response. If you are unable to meet the deadline, it will result in a default judgment in favor of your spouse. At times, this can lead to unfavorable results. Hence, make sure to respond on time.

When you are responding, you have to fill out the special form called Response – Marriage/Domestic Partnership (FL-120) form. It is through this form that you show your willingness. Alongside this form, you need to submit the following as well:

• Declaration of Disclosure (FL-140)
• Schedule of Assets and Debts (FL-142)
• Income and Expense Declaration (FL-150)

After filling out all these forms, get copies for yourself and your spouse. Visit the court clerk with the original forms and serve them to your spouse as well. The process of serving is the same as mentioned earlier, after which you will fill out Proof of Service by Mail (FL-335). This step confirms that your spouse has received your response and any financial disclosures.

Step 5: Financial Disclosures

Financial disclosures make sure that there is complete transparency between the two parties. They have to provide all necessary details about the financial situation. It is necessary for a fair division of assets, determining spousal support, and settling debts. If you are unable to complete these, it will become hard to reach a fair agreement.

According to California law, here is a list of forms that you have to exchange with your spouse:

• Declaration of Disclosure (FL-140)
• Schedule of Assets and Debts (FL-142)
• Income and Expense Declaration (FL-150)

Here are the steps for completing and then exchanging the disclosures:

• Get all the financial documents ready, like bank statements, tax returns, and pay stubs. Make sure to complete and recheck FL-140, FL-142, and FL-150. These forms must have accurate and complete information.
• Exchange the copies of the forms with your spouse.
• File the proof of Service through the Declaration of Disclosure (FL-141) with the court.

Step 6: Negotiating a Settlement

In order to reach the mutually agreed settlement, mediation and negotiation are very important. It can save you time and will keep you away from stress, besides cutting down on unwanted legal expenses. Mediation, on the other hand, helps you resolve matters through a neutral third party.

You can choose to create a Marital Settlement Agreement (MSA). It is a document that covers the terms of your divorce. Both spouses must agree to all terms included in the MSA. A carefully created MSA makes sure that the parties understand the conditions and have agreed to the conditions as well. Therefore, they can agree to finalize the divorce without much difficulty.

Step 7: Finalizing Your Divorce

After completing all the above steps, you are now going to submit the final documents. These documents include

• Judgment (FL-180) is used to finalize the divorce and the terms agreed upon.
• Notice of Entry of Judgment (FL-190) is for notifying the parties about the final decision.

In a few cases, you need to go to a final hearing. At this point, the judge will review all the documents and make sure that everything is just right and that the settlement is fair as well. If the judge is satisfied with everything, he will sign the Judgment (FL-180). After this, you’ll receive a Notice of Entry of Judgment (FL-190) to finalize your divorce.

Conclusion

If you feel that the legal assistance is expensive and you want to settle the divorce matters on your own, then getting the DIY divorce option in California is not a difficult thing. You can easily find out how to file for divorce in California yourself. It is a simple and easy-to-follow procedure. All you have to do is be careful when doing this. Make sure to complete the documents well in time and submit them after careful checking. There should be no information left. Get all the forms and documents completed on time as California law requires. Follow the timeline and stay away from unnecessary stress.

Although the process is easy to follow, make sure that if there is any problem while doing this; consult someone with a legal background. It is an easy to follow process that can save any one looking for a divorce safe from undue stress.

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