Getting a Divorce in California – Do it yourself
Posted by cadivorceblawg on May 5, 2009
Once you have decided that you want to get divorced in California, you have several options:
(1) Represent yourself in court,
(2) Hire an attorney to represent you in court,
(3) Use the collaborative approach, or
(4) Go to divorce mediation.
In Part 1 of this article, I will address the advantages and disadvantages of self-representation in court. In Parts 2 through 4, I discuss the other options.
Part 1: Do it yourself
In court, you have the option to represent yourself. The advantage is that it does not cost you very much. You do have to pay filing fees and other costs, but you do not have to pay attorney fees.
The disadvantage is that you are rarely aware of all your rights. It is difficult enough to learn about all the issues that may be relevant in your case, but it is even harder to find ways to advance your position and to address the issues in front of a judge. The paperwork required in a divorce case and all the rules and technicalities imposed by the law and judges can easily become overwhelming. Should your spouse decide to hire an attorney, you are in an even weaker position.
Use all the help available if you decide to represent yourself! The California Courts have a webpage, the Online Self-Help Center, which provides useful information for family law issues. In addition, most counties in California have a Family Law Facilitator or Family Law Clinic where you can get help if you are self-represented. The Santa Clara County Family Law Court also provides online help.
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Note: This article is not legal advice. It only addresses general matters and should not be relied on by readers or considered legal advice. Only California law is addressed. Contact a lawyer in your state to discuss the specifics of your case and the applicable law.
Part 2: Hire a Lawyer
Part 3: Collaborative Divorce
Part 4: Divorce Mediation
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