If you know someone who has been through a divorce in California, you probably noticed it can be quite an expensive process. But what if you can’t foot a huge legal bill? Can you get a free divorce in California, a state with a reputation for being pricey?
Under the right circumstances, you can file for divorce for free and have no divorce lawyer involved. To do this, you and your spouse will have to meet the state’s requirements to file for an indigent divorce. It helps to have a conflict-free relationship with your spouse and be in a mutual agreement about child support and custody, alimony, and the division of assets and debts.
In this article, we’re going to take a look at the cost of a divorce in California and provide a breakdown of the steps you need to take to get a free divorce.
Can I Get a Free Divorce in California?
It is absolutely possible to get a free divorce in California, but only if you meet certain qualifications. Let’s break it down.
The average cost of a divorce in California can range from $8,400 to $17,500. The exact amount will vary depending on the circumstances of your separation and the complexity of the marriage. The cost can be significantly reduced if you are dealing with an uncontested divorce, but it can increase if there are disputes. Therefore, although it’s sometimes easier said than done, both parties will benefit by going through the process as amicably as possible.
First, you have to pay a $435 divorce filing fee. The fee is required regardless of whether the divorce is contested or uncontested. Other expenses include fees for copying and sharing court documents and compensation for consultants and witnesses, such as financial analysts and appraisers. Then you have to factor a divorce attorney’s hourly rate, which can range anywhere from $300 to $500 an hour in California.
Who Qualifies for a Free Divorce in California?
Don’t have the money? Don’t despair. California has an indigent divorce option for people with limited finances. If you qualify, you can file for divorce and then request the court to waive all fees related to the procedure. The waiver won’t cover any fees related to any private consultants or analysts.
To apply for a fee waiver for a free divorce in California, you must first obtain all relevant forms and provide all requested information. You will then have to provide a notarized financial disclosure to prove your need. A court clerk will then review the paperwork and approve the waiver if you meet the requirements.
Steps to File for a California Divorce
Whether or not you qualify for a free divorce in California, these steps remain consistent.
- Select a divorce court in your county. You can find a list of all the superior courts in the state here.
- Request all relevant legal forms, complete them, and file them with the county clerk within the correct divorce court.
- Serve the forms to your spouse. They can either accept them through a third party or by signing an Acknowledgement of Service form.
- The served party has 30 days to respond. If they fail to do so, it will be recorded by the county clerk and further action will be taken.
- File for division of community of property to ensure that child and spousal support is fair for both spouses.
- File a Petition for Dissolution of Marriage along with financial disclosure forms. This includes forms relating to child custody and support if you have kids together.
- Take the completed forms to the court clerk and file them. You need to apply for a fee waiver if you can’t afford the court filing fee.
- Notify your spouse that the divorce has been filed. Either have them sign forms that show they are aware of the current proceedings or legally serve them the relevant court papers. You can alternatively publish a legal notice if you are unable to locate your spouse.
- Attend at least one court hearing. A judge may request you provide additional documents, such as the Judgement of Dissolution of Marriage. The judge needs to sign that document to finalize the divorce.
- There is a waiting period of about six months between filing the divorce petition and the final divorce judgment. Both you and your spouse will receive a certified copy of the judgment.
What Are You Entitled to in a Divorce?
California works on a community property basis. That means anything purchased or earned during the marriage belongs to both spouses. Community property includes houses, cars, bank accounts, life insurance policies, stocks, pension plans, and the like. Divorcing couples must divide all community property equally (50/50).
The court determines which assets are community property and which ones are separate property. Separate property refers to any assets acquired before the marriage or via inheritance during the marriage.
Get Help With Your California Divorce
This might seem like a lot of information. But whether you can get a free divorce in California or will have to pay some filing fees, the process doesn’t have to be stressful or complicated. As long as there is mutual agreement between spouses, the entire divorce process can be very smooth.
The steps for divorce are easy to follow, but the paperwork can be confusing. If you require additional assistance but don’t want to spend money on an attorney, consider hiring a legal document assistant.
A People’s Choice offers affordable help to couples seeking an uncontested divorce. Our team of legal document assistants is available at any time to help you through each divorce step. We’ve helped hundreds of people successfully file for divorce in California for a flat one-time fee!
Married feb,16,1985, to an abusive and controlling man,separated when he went to jail for domestic violence, three children , now all adults. He recently retired w a pension plan , he had me sign a letter that I was not entitled to his pension under pretence he was going to giv
e it to our grown children. He has moved out of the apt which housed my son who has social anxiety he was our home base I stored my belongings there and was able to come and go and that was my mailing address so we are homeless living behind a thrift store. My dreams of a marriage turned out to be a nightmare… What I want to know is , will the letter I signed hold up in court? He says they can have it if he dies, but plans on spending it ” now is my time” he says. I gave him 16 years of my life as a devoted wife and mother, dispite his abuse and controll , I tried to make the best of it
Someone would have to review the letter you signed to answer this. You may want to have an attorney review it.
I need a divorce but I am scared since I don’t work and have been emotionally, physically and financially abused by him. We have assets and I am afraid of being homeless with my children. Please I need help i dont want to be taken advantage no more i need my peace!
Hello, You should speak with an attorney to ensure you are protected. And if you are ever in any danger, dial 911 immediately.
Hello, I want to file for divorce, we got married in Nevada, I currently live in California, she lives in Pennsylvania. Nothing to split, no kids. She agreed that I send the papers. How do I start this process with the lowest amount of fees?
Ww can certainly help you with this. Fees would be determined on facts of case, either $499, $624 or $775 plus costs. Please call us at 800-747-2780 to get started.
Hello, been married almost 12 yrs no kids together. We are currently separated and I like to file for divorce what are my right to having him pay cost and not receiving since I have always been primary account holder and stable at bringing the income. He owes me and I want him to pay back now
Hello, You should speak to an attorney for what you are and are not entitled to. We can however tell you that a divorce proceeding is far eaiser and cheaper if the parties can come to an agreement. The fees you will pay fighting for every cent may end up hurting you in the end. If you can come to an agreement, we’d love to help. You can call us at 800-747-2780. Thanks,
Hi, I was married in Tennessee and have been married to him since 1998. He left and returned here to California in 2011. I returned to California in 2019 for different reasons..we have not been together since 2011. No kids, no property… what should I do? I know where he is , etc…
Hello, If you’d like to go forward with a divorce in California, we can help!. Please give us a call at 800-747-2780. Thank you,
I am confused about home equity, my lawyer is saying that I have to pay him full amount of equity due him 1st, then go after him for money he is supposed to pay me. Example: I purchased the house before marriage and 3 years later after depression he hounded me to refinance and add his name. Now he is fighting for 1/2 the equity. I am claiming my down payment from the equity. My lawyer said I would have to go after him later for the down payment after I pay exactly 1/2 the equity to my spouse. This doesn’t seem right, we’ve been married for 8 years and have 3 children.
It does not sound like your lawyer is fighting for your rights. I would perhaps look for a different lawyer.
So I’ve been separated 10yrs.. my ex is now in Mexico.. how would I get divorced.. quick and free.. we have nothing together and haven’t for a lonnng time!
Hello, The biggest hurdle is that you will need to serve your spouse. Otherwise, if you truly have nothing to split, you could proceed without his intervention. Please call us at 800-747-2780. Thanks,
Hi name is Sonia arteaga I’m trying to get divorce . Ex husband agree and last year we did the process but I got a letter saying to respond . And I don’t know how to do that and how much it cost . I need assist please . When we did the progress my ex husband pay half . But I don’t have money to pay the rest and my divorce to come out soon.
Hello
For our divorce services, please call us at 800-747-2780.
Thank you,
We were married in Nevada, Lake Tahoe at the state border via zoom. We have been living in California until he left last December… he returned as he had done throughout the relationship having amnesia as usual. He claims to have filed then retracted the statement.. ie he lied. Big surprise. Who knows what is true? He’s in Kansas and had claimed to file July 19 of this year. Is there a way to check if it has occurred? I’m just tired of his games and am ready to move forward.
Hello,
You would need to know the county he filed in order to know if anything was filed.
Thank you,
His refusal to give me the information is his way of showing that he probably hasn’t filed.. This is what he has done. With no thought or consideration for anyone else..
Even delaying my sons disability benefits by not responding to any calls. He doesn’t provide financial support. I am unable to get assistance because his salary is too high. No mortgage or child support on record. He’s blowing his paycheck as he always has..
I have been separated from my spouse since 11/06/2009 and havent heard from him since. How long would I need to have a publication in local newspaper of his last known address for???
Hello,
You can apply for service by publication to the courts if you feel there is no other way to serve your spouse. But we cannot comment on your chances of that application being approved. It is ultimately up to the judges discretion.
Thank you
What is the cost to have you guys do the paperwork needed to file for a divorce in Stanislaus. There is a child but not a child together so no custody or visitation needed.property is already gone. It’s pretty much a clean divorce for the most part.
Hello, and thank you for your inquiry. How long did this marriage last?
He has already remarried and I have not gotten any divorce papers saying it’s finlrl
Hello,
There are many different ways of service. Publication being one that can occur if the other party cannot serve you. Checking with court records where the divorce could have occurred would be a good bet for further information.
I’m trying to get a divorce from my wife, but I can’t find my records of the marriage and she is the only one with the documents
Hello Randall, You are not normally required to show proof of the marriage, as long as know the details such as date etc. Please call the office on 800-747-2780 if you would like a contract for services.
Trying to get a divorce from my husband a painful relationship and now I’m homeless
Hello Kamala, Please call the office on 800-747-2780 if you would like assistance with the divorce paperwork.
I NEED LEGAL HELP & ADVISE ONMY DIVORCE ASAP . THANK YOU & GOG BLESSED U …
Our office only prepares documents. If you need legal advice you should speak to an attorney.
Need prepares documents for divorce please thanks.
Please call the office at 800-747-2780 and we can get you set up.