Deciding to end a marriage is always difficult, but the actual legal process of divorce is more challenging than many people expect. While you may want to know how to file for divorce in California by yourself, it is important to understand the risks you face when doing so and the value of having an experienced attorney help you with your case. A California divorce attorney can help you understand the proceedings ahead and approach your case with confidence.
The first step in filing for divorce in California is submitting a divorce petition to the family court. The petitioner must complete the necessary paperwork explaining that they wish to divorce and include a list of their preferred divorce terms. The court reviews this petition and, if there are no errors, sends the spouse the appropriate documents to sign. It is also possible for a couple to jointly submit a divorce petition to the court.
This process may seem straightforward enough, but the reality is that California divorce laws are quite detailed and strict. You need to have a firm understanding of what to expect in the proceedings ahead of you, and you need to acknowledge that you could encounter unexpected challenges that you will not know how to resolve on your own. An experienced attorney would be a tremendous asset for your divorce case in California.
It’s natural to be hesitant about hiring an attorney to represent you in a divorce due to the anticipated high cost of legal representation. However, it is well worth the investment to hire an experienced attorney to help you with your case when you consider the potential implications the outcome of your divorce may have on the rest of your life. Hiring legal representation offers you several important advantages:
These are just a few reasons to consider hiring an attorney to represent you in your California divorce. Ultimately, you may wish to know how to file for divorce in California by yourself, but you have a much better chance of reaching a positive outcome in a timely manner when you have legal representation you trust on your side.
Yes, it is possible to file for divorce in California without an attorney. However, it is more difficult than many people expect, and any mistakes with early filings of divorce paperwork with the court can ultimately be costly. It is worth speaking with an experienced divorce attorney before taking any formal steps toward filing for divorce. They can explain what to expect and the legal services they provide that may make the process easier.
The cost to do your own divorce in California will entail much more than just the court filing fee for your divorce petition. You will also need to plan to hire professional help to do a complete and accurate financial disclosure, and your divorce may entail other complex issues that you will not be able to address by yourself. You must also think of the potential financial implications of the outcome of your divorce on your future.
The fastest way to get divorced in California is to file an uncontested divorce petition jointly with your soon-to-be ex-spouse. This means that both of you must completely agree on all terms of your divorce regarding child custody, child support, property division, and spousal support. A judge will still need to approve the divorce. Some couples that meet specific criteria can qualify for an expedited divorce, but they must still complete the mandatory waiting period.
California handles all divorce cases on a no-fault basis. Even if one spouse’s actions directly caused the breakdown of the marriage, such as abuse, adultery, or any other mistreatment of their spouse, all divorce cases are filed for the reason of irreconcilable differences. However, if a spouse has caused the breakdown of their marriage due to illegal activities, they can face criminal prosecution, and this may influence their divorce in several ways.
The cost to hire a California divorce attorney will vary based on the individual attorney’s billing policy. Many attorneys offering divorce counsel in California work on an hourly basis, so they charge the client based on how much time they spend working on their case. Some offer flat-rate billing for legal services within a limited scope. Always verify an attorney’s billing policy before agreeing to hire them.
The team at Quinn & Dworakowski, LLP, can provide comprehensive legal representation for your upcoming divorce in California. While you may wish to know how to file for divorce in California by yourself, the reality is that you have a much better chance of reaching a positive outcome and resolving your divorce quickly if you have legal counsel you trust on your side. Contact us today to schedule a consultation and learn how we can help.