Some General Divorce Guidelines

Things you should know if you are seeking a divorce

The divorce process does not lend itself to a 'step by step' analysis, because each divorce is different because the factual situation is never the same.

While many divorces have common issues, there are many different laws that may or may not apply to each individual case. This is why attorneys are sometimes a necessity in divorce cases.

California State law recognizes that each person has the right to proceed in a divorce action with or without an attorney.

Obviously there are times one may not wish to proceed in a court action without an attorney: e.g. If you and your spouse do not agree and the best interest of your children is at stake, or the community property has significant value, or you require immediate support and your spouse will not agree, etc.

On the other hand, there are cases which can be filed without an attorney (where the party represents him or herself - In Pro Per) and these actions cases may be concluded without an attorney and one can avoid the higher costs of litigation associated with an attorney.

A Divorce/Legal Separation starts with a Petition and other documents required by local rules. These initial papers are filed with the local court. The court also requires an initial filing fee (unless the party qualifies for a State Fee Waiver.)

After your case is filed your spouse must be properly served with the required papers, and then the case is ready to be contested or to be concluded if both parties can agree on the terms, or if the other party refuses to respond or to participate in the action, then you may conclude the action by Default (without the other parties participation).

Be advised, any case can take many other legal steps between the beginning filing and the ending Judgment. This is because it takes two to agree, but only one to fight.

The above paragraphs provide a general guideline for your consideration. Obviously, your case may or may not be a simple case, or even if you feel it is very simple, it may not be the case.

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