PUJA SACHDEV | February 14, 2025 | Divorce Lawyer
Dealing with a divorce is often a complicated process. Legally, you do not need a lawyer to get divorced in California.
Whether you actually need a lawyer for your California divorce depends on your situation. Some individuals handle their divorce independently, while others benefit from legal guidance to protect their rights and assets.
When a Lawyer May Not Be Necessary
Having legal guidance during a divorce is helpful, but some couples are able to complete the process on their own. Getting a divorce without a lawyer in California may be possible if:
- The individuals do not share any significant assets or debts
- There are no disputes over child custody or spousal support
- Both parties agree on how to divide their shared property and finances
- The couple qualifies for summary dissolution, a simplified divorce process for specific situations
California provides self-help resources, including online forms and court guides, to assist individuals in completing the divorce process without legal representation. The state provides resources through California Courts’ Self-Help Center. Visitors to the site can access step-by-step guides, fill out paperwork, and learn about their legal rights.
Why Hiring a Divorce Lawyer Is a Good Idea
The state of California does not legally require individuals to have lawyers when they get divorced. However, it is still a good idea to hire one. Having an attorney can prove invaluable during divorce proceedings, especially in cases involving:
Custody Disputes
Courts try to put the child’s best interests first when making custody decisions. Unfortunately, disputes over custody are inevitable. Divorce attorneys show evidence of their client’s stability, parental involvement, and safety to influence custody rulings.
Assets and Property Division
California follows community property laws. Therefore, most assets during the marriage are divided equally. However, disputes can arise over real estate, businesses, retirement accounts, or hidden assets. Having a lawyer can help ensure that property division is fair and legally sound.
Spousal Support
Spousal support and alimony can cause disagreements between former couples. When deciding whether to award spousal support and how much to award, the court considers factors like the length of the marriage, the financial disparity between spouses, and each party’s ability to be self-sufficient. A lawyer can help determine fair payment amounts and negotiate favorable terms for their client.
When One Spouse Hires an Attorney
If one party hires an attorney and the other does not, there may be a significant disadvantage. Legal representation can help level the playing field and protect your interests.
A divorce attorney can also instruct their clients on best practices during a divorce. At times, individuals unknowingly agree to unfair terms regarding property division, child custody, or spousal support without a lawyer.
California’s Divorce Process With an Attorney
Hiring an attorney can simplify the divorce process. The main steps are:
Filing a Petition
When one spouse files a Petition for Dissolution of Marriage with the court, it officially begins the divorce process. The filing spouse also pays the court fees unless they qualify for a fee waiver.
Serving the Other Party
The petition must be legally served to the other spouse, notifying them of the divorce proceedings. Service can be done by a process server, sheriff, or an adult who is not involved in the case.
Response and Agreement
The spouse being served has 30 days to file a Response. If everyone agrees on the terms, the parties submit a Marital Settlement Agreement to finalize the divorce. If there is disagreement, the case may proceed to mediation or trial.
Waiting Period
California requires a mandatory six-month waiting period before a divorce can be finalized. This waiting period gives both parties time to resolve disputes and finalize terms.
Finalizing the Divorce
If all completed paperwork is correct, a judge signs the final divorce decree. The final divorce decree officially dissolves the marriage. If the case goes to trial, the judge will issue rulings on unresolved issues before finalizing the divorce.
Risks of a DIY Divorce
Opting for a do-it-yourself divorce might seem appealing, but it can come with significant risks, such as:
- Undisclosed Assets or Debts: One party may hide assets or debts, resulting in an unfair distribution.
- Tax Complications: Divorce can lead to unexpected tax challenges, and navigating them without help might cause issues.
- Vague Agreements: Agreeing to unclear or imbalanced terms could lead to conflicts later on.
- Mistakes on Paperwork: Errors in legal documents can delay the process or lead to unfavorable outcomes.
If your case is complex or if you’re uncertain about your rights, it’s often best to consult a divorce lawyer for guidance.
Do You Need a Lawyer for Divorce in California? It Depends.
If you and your spouse agree on all terms, a DIY divorce may be possible using California’s self-help resources. However, hiring a lawyer can provide legal protection and peace of mind if there are custody issues, financial complexities, or disputes.
Contact Our Divorce Law Firm in San Diego, CA. Call us at (619) 866-3756
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact us at (619) 866-3756 to schedule a free consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
