Can I get a divorce in California without a lawyer?

Yes, California allows self-represented (pro per) divorces. The court provides forms and self-help resources. However, DIY divorce works best for short marriages with no children, minimal assets, and agreement between spouses. Complex property, custody disputes, or support issues typically require legal help.

How long does a California divorce take?

California has a mandatory 6-month waiting period from the date of service. Uncontested divorces can be finalized shortly after. Contested divorces with trials can take 1-2 years or longer depending on complexity and court schedules.

How is property divided in California divorce?

California is a community property state. Assets and debts acquired during marriage are generally split 50/50. Separate property (owned before marriage, inherited, or gifted to one spouse) remains with that spouse. Commingled assets and complex business interests require careful analysis.

What is spousal support in California?

Spousal support (alimony) may be ordered based on factors including length of marriage, each spouse's income and earning capacity, standard of living, age, health, and domestic violence history. For marriages over 10 years, support may be indefinite in duration.

Do I Need a Lawyer for Divorce?

Answer a few questions to get personalized guidance for your California divorce

Child Custody Personal Injury Employment

Do you and your spouse agree on the major terms of your divorce?

Agreement on key issues makes for a smoother, less expensive process

Yes, we agree on everything (property, support, custody if applicable)

We agree on most things but have some disagreements

We disagree on important issues (property, support, or custody)

We can't communicate or strongly disagree on everything

Do you have children under 18 together?

Child custody and support add complexity to any divorce

No children

Yes, and we agree on custody and parenting time

Yes, and we have some disagreements about custody

Yes, and custody/visitation is a major dispute

What is your marital property situation?

Complex assets require careful division under California community property laws

Minimal assets - little property or debt to divide

Moderate assets - home, vehicles, retirement accounts

Significant assets - multiple properties, investments, businesses

Complex - business ownership, stock options, trusts, or disputed separate property

How long have you been married?

Marriage length affects spousal support duration and asset division

Less than 5 years

5-10 years

10-20 years (considered "long-term" in California)

Over 20 years

Is spousal support (alimony) likely to be an issue?

Support disputes often require legal expertise

No - similar incomes, both self-supporting

Possibly - some income difference but we can likely agree

Yes - significant income disparity or one spouse didn't work

Yes, and it's a major point of disagreement

Are there any special concerns in your situation?

Certain factors add significant complexity

No special concerns - straightforward situation

Hidden assets or financial concerns about my spouse

Domestic violence history or restraining orders

My spouse has a lawyer and I don't

⚖

You Should Hire a Divorce Lawyer

Your situation has complexities that strongly benefit from professional legal representation.

Why legal help is recommended:

Contested divorces require knowledge of court procedures
Complex property division needs proper valuation and legal analysis
Child custody disputes benefit from experienced advocacy
If your spouse has a lawyer, you need one too
Mistakes in divorce can have long-lasting financial consequences

Book $125 Consultation Find a Family Law Attorney CA Bar Lawyer Referral

🤔

Consider Legal Consultation or Mediation

Your situation has moderate complexity. A consultation or mediation could help you navigate the process more effectively.

Options to consider:

Consultation: Pay for a few hours of legal advice
Mediation: Neutral third party helps you reach agreement
Collaborative divorce: Both parties have lawyers, work together
Limited scope representation: Lawyer helps with specific issues
Document review: Have a lawyer review your final agreement

Book $125 Consultation Find a Family Law Attorney California Courts Divorce Self-Help

📋

You May Be Able to Handle This Yourself

An uncontested divorce with minimal assets and no children is well-suited for DIY filing. California provides extensive self-help resources.

DIY divorce steps:

Use the California Courts' self-help resources and forms
Consider a summary dissolution if you qualify (short marriage, no children, minimal assets)
File your petition and serve your spouse
Complete required disclosures (income, assets, debts)
Submit your marital settlement agreement
Wait for the 6-month waiting period to pass

California Courts Divorce Self-Help Book $125 Consultation Find Attorney for Review

Understanding Divorce in California

California is a no-fault divorce state, meaning you don't need to prove wrongdoing - irreconcilable differences is sufficient grounds. The state uses community property rules, generally dividing marital assets and debts 50/50.

Types of Divorce in California

Type	Requirements	Best For
Summary Dissolution	Married less than 5 years, no children, limited assets/debts, no property disputes	Simple, short marriages with full agreement
Uncontested Divorce	Both spouses agree on all terms	Cooperative divorces with agreement
Contested Divorce	Disagreements require court decision	When spouses cannot agree
Default Divorce	Spouse doesn't respond to petition	When spouse is uncooperative/unreachable

DIY vs. Hiring a Lawyer

Factor	DIY Friendly	Lawyer Recommended
Agreement Level	Full agreement on all issues	Disagreements on major issues
Children	No children under 18	Custody/support disputes
Assets	Minimal or clearly divided	Complex assets, business, real estate
Marriage Length	Under 5 years	Over 10 years (long-term)
Income Disparity	Similar incomes	Large income gap, support issues
Other Spouse	Also unrepresented	Has hired a lawyer

California Community Property Rules

California is one of nine community property states. Key rules:

Community property: Assets/debts acquired during marriage, split 50/50
Separate property: Owned before marriage, inherited, or gifted to one spouse - stays with that spouse
Commingled property: Mixed separate and community funds require tracing
Date of separation: Critical for determining when community property ends

Child Custody in California

California courts prioritize the best interest of the child:

Legal custody: Decision-making authority for health, education, welfare
Physical custody: Where the child lives
Joint custody: Courts prefer shared custody when appropriate
Parenting plan: Required schedule for time with each parent
Child support: Calculated using California guideline formula

Spousal Support Factors

Courts consider these factors under Family Code 4320:

Length of the marriage
Each spouse's earning capacity and needs
Standard of living during marriage
Assets and debts of each spouse
Age and health of each spouse
History of domestic violence
Tax consequences
Goal of supported spouse becoming self-supporting

Important Timelines

6-month waiting period: Minimum time from service to final judgment
30 days to respond: Time for respondent to file response after service
60 days for disclosures: Preliminary declarations of disclosure due
Residency requirement: One spouse must have lived in California for 6 months

Resources

Quick Legal Tools

Free calculators to help with your case:

📅