Getting divorced in California can be an expensive, exhausting, and emotionally painful situation, especially if the divorce is contested. However, since California is a no-fault divorce state, you don’t need a reason to pursue a divorce. You just have to do what you feel is right for your happiness. You can pursue many different avenues for a divorce, and all of them have their merits. The cheapest way to get a divorce in California may not necessarily be the easiest.
Generally, the cheapest way to get divorced is to initiate what’s called a “DIY divorce,” or “do it yourself.” Doing it yourself can be cheaper as you won’t have to pay any legal fees if you don’t hire a lawyer, and you can go through the divorce entirely at your own pace. You will be responsible for filing the correct paperwork at the correct time by yourself or with the help of your spouse if the divorce is uncontested.
If your spouse contests the divorce, you may want to consult with a divorce lawyer to learn what your cheaper options may be. Divorce lawyers can uncomplicate the legal matters surrounding a divorce, but you are not legally required to have one represent you during your divorce. It is recommended that you consult with a divorce lawyer if there are considerable legal complications involved with your divorce, such as custody agreements.
A DIY divorce may be your easiest option when your divorce has no complications. If you and your spouse are amicable, if there are no children or major assets to divide, you may be able to handle the divorce on your own. If you and your spouse meet certain requirements, you may be able to pursue a summary dissolution, which is an alternative to divorce for couples with little to no assets, no children, and a short marriage.
Here are some important considerations that you should ponder while thinking about whether DIY divorce is the right move to make for your situation:
You still have to meet certain state requirements for a DIY divorce, such as the residency requirements. California requires at least one of the spouses to have lived in the state for six months prior to divorce and in their filing county for at least three months.
Using the typical no-fault explanation of irreconcilable differences can explain away an uncontested divorce and help move things along. However, if at any point during your DIY divorce, you feel that things are becoming complicated, contested, or more than you can handle, you should reach out to a divorce lawyer and see how they can help.
Depending on how cheap your divorce ends up being, it really varies on a case-by-case basis. If you do not hire a lawyer and pay only the cost of filing the necessary paperwork with the courts, the total you may spend on your divorce is around $435. If you ultimately decide to hire a lawyer for your divorce, you will need to pay their fee as well. Divorce can be as cheap or expensive as it needs to be.
You can file for divorce with no money in California by requesting a fee waiver from the California courts when you go to file the paperwork. The usual fee for filing divorce paperwork is around $435, but if you qualify for a fee waiver, you can avoid that charge. To qualify for a fee waiver, you must receive public benefits, have an income below a listed amount, or be unable to pay the fee but can still pay for your basic daily needs.
The total cost of an uncontested divorce depends entirely on the case at hand. Every divorce case is different, with different circumstances, assets, custody agreements, and details inherent in each individual case. Due to the differences among cases, there is no way to tell from the start how much your divorce will cost you, even if both parties are in total agreement. They may change that stance as the divorce progresses, and you could spend as much or as little as it takes.
The quickest way to get divorced in California is to push for an uncontested divorce. In an uncontested divorce, both parties are amicable, have worked out an agreement for property division, and have reached terms for custody if there are children involved. While every situation is different, and there are no guarantees, an uncontested divorce generally tends to be quicker than a contested one.
Getting divorced can be expensive and time-consuming, and while you may want to handle it on your own without the help of a lawyer, having someone on your side who understands divorce law and can provide you with constant assistance can only help you in the long run. The legal team at the Edgar & Dow can provide you with peace of mind, experience, and knowledge for your case. Contact us to schedule a consultation soon.
© Copyrights 2024 Edgar & Dow. All Rights Reserved. Disclaimer | Privacy Policy
Digital Marketing by