Technically, no, you do not. The state of California offers a host of self-service options for divorce and many guides and resources for you to complete most of your divorce yourself. These divorce guides assume that your divorce will be uncontested. But how likely is that?

Will your divorce be uncontested?

In California, all divorces are “no-fault” divorces. This means that looking for – and needing to prove – grounds for divorce is not a necessary component. No matter what happened during the marriage, infidelity, abuse or alienation of affection, that’s not a concern of the divorce.

However, “uncontested” is not just about the grounds for the divorce, but to all of the many aspects around it, including:

  • Child-related issues: If you have minor children, they should always come first in your divorce checklist. Judges always consider “the best interest of the child” when making any divorce or separation decision. You would have to have a settled custody and child support agreement.
  • Property Division: This involves dividing the couple’s marital property. This can include real estate, personal property, financial assets and debts. California divides marital property 50/50 based on the communal property law.
  • Alimony or Spousal Support: This is a payment that one spouse may be required to pay the other after divorce. The amount and duration of alimony depend on several factors, including the length of the marriage, the standard of living during the marriage and the income and needs of each spouse.

There are likely also other legal issues that inform the conversations, such as allegations of abuse, neglect, or criminal activity, which can make an impact here.

Coming to an agreement on the complex, high-stakes issues of a divorce is not easy. Even if both sides agree that the marriage isn’t working, there are likely to be vast disagreements on how to arrange everything afterward.

Your lawyer protects your interests and guides you through challenges.

A lawyer helps with your divorce by having experience with the challenges and pitfalls of divorce law in California. When you hit a roadblock or disagreement, having a trusted lawyer with you can make these problems a lot easier on you.