Welcome to “Start Your Divorce Thursdays,” where we discuss the first steps in the divorce process and offer an overview to help you understand what to expect. Today, we’re focusing on avoiding common mistakes when filing for divorce without an attorney.
Understanding the Steps of Your Divorce
Filing for divorce without an attorney can seem daunting, but don’t worry—you’ve got this, and I’m here to help. Let’s break down the steps involved in your divorce:
- Complete the Petition and Summons: If you’re in Los Angeles, there’s a local form you need to complete. If you have children, you’ll need the FL-105, the UCCJEA, to establish the court’s jurisdiction.
- File with the Court: Get your petition and summons filed with the court to receive a case number.
- Serve Your Spouse: Remember, you cannot serve your spouse yourself because you are a party to the case. Don’t have your adult children serve them either. Instead, have a neutral third party do it.
- Complete Financial Disclosures: Both you and your spouse need to complete and exchange financial disclosures. This step is crucial for a fair settlement.
- File a Response: Your spouse can file a response either before or after completing their financial disclosures.
- Reach an Agreement: Work together to reach an agreement, document it, fill out the necessary paperwork, and submit it to the court for final approval.
Common Mistakes to Avoid
Incomplete or Incorrect Forms
One of the most common mistakes is submitting incomplete or incorrect forms. It’s easy to miss a checkbox or use the wrong form. For instance, when filling out the FL-141, you only need to complete certain sections for preliminary disclosures. Make sure to double-check your forms before filing.
Missing Deadlines
Missing deadlines can significantly delay your divorce. In some counties, the court schedules status conferences to keep your case on track. If you miss these, it can slow down the process. Stay vigilant about your deadlines.
Ignoring Financial Disclosures
Financial disclosures are not optional. Ignoring them or thinking you can get away without completing them can lead to legal trouble. You are swearing under penalty of perjury that you have completed all necessary forms.
Overlooking Legal Requirements
Make sure you meet all legal requirements, such as residency requirements, before filing for divorce. Additionally, understand what you can and cannot negotiate in your settlement, such as the court’s jurisdiction over child support.
Lack of Documentation
Keep copies of all documents you file with the court. Sometimes the court loses paperwork, and other times, you might miss a step. Having a complete set of your documents can save you time and frustration. For instance, some counties like Santa Clara can take months to process documents, so keep a copy of everything to expedite corrections if needed.
Seeking Help and Support
Legal Document Assistants
Consider using a Legal Document Assistant (LDA) like myself to help you complete your forms accurately and on time. Errors can be corrected, and documents can be amended, but having professional help from the start can save you a lot of headaches.
Self-Help Centers
Your local court’s self-help center can be an invaluable resource. If you are self-represented, you can go to the self-help desk and ask for assistance. They can’t help you if you have a retained attorney, but they are there for those who are handling their divorce on their own. Los Angeles County Superior Court Self Help Resources
Legal Aid Services
Look into legal aid services that offer free or low-cost help. These services can provide guidance and support to ensure you’re on the right track.
Books and Online Resources
Books like How to Do Your Own Divorce in California can provide detailed guidance. Always ensure you’re using the most up-to-date version to reflect current court forms and rules.
Tips for a Smooth Divorce Process
- Stay Organized: Keep a copy of all your documents and stay on top of deadlines.
- Use a Mediator: A mediator can help you reach agreements on contentious issues and move the process forward smoothly.
- Review Carefully: Let your forms sit overnight and review them with fresh eyes to catch any errors.
- Ask for Help: Don’t hesitate to seek help from professionals who handle divorces regularly. Whether it’s an LDA, a mediator, or an attorney, getting expert assistance can make the process much easier.
Remember, you don’t have to navigate this process alone. Reach out for help, stay organized, and take it one step at a time. You’ve got this.