Are you thinking of getting a divorce? You might think you can do it yourself. Do it yourself divorce is one possible way.

However, before you decide to file here are a few things you need to know. To file for a divorce in California one of the two parties has to show proof of residence for at least six months. The filing also needs to be done in the specific county that one of the parties to the divorce lives when the divorce is filed. If you have children or seeking spousal support these issues may make doing the divorce a bit more complicated.

Getting a divorce in California requires filing a number of forms with the court. The forms can be filled by you, a legal document assistant or an attorney. The court also has a self-help section and a Family Law Facilitator who can guide you in the process. In the most common divorce the first step is to fill out Petition for Dissolution of Marriage (form FL-100), Summons (form Fl-110), Family Law Declaration Regarding Related Cases (form L1120) and finally if you have any children you will have to fill out the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105). As discussed above there are two issues during a divorce that may complicate things. These issues include seeking child support and spousal support.

What is child support?

Child support in California is when a party during the divorce process seeks monetary support for the child or children for living and medical expenses. The court will look at both parent’s monthly income and the amount of time the child spends with each parent.

The court will look at the income of each party which includes amongst other things

1) income from a job,

2) rental income,

3) unemployment benefits.

Once child support is established and what each parent will have to provide this will run until the child turns 18. Most counties have Child Support Services that can assist with child support questions or issues such as enforcing child and support orders, modifying child support orders or collecting and sending child support.

What is spousal support?

Spousal support is when one party during the divorce process seeks monetary support. The court will look at different facts to determine if someone is eligible per Code Section 4320, such as

1) the extent to which the earning capacity of each person is enough to allow the standard of living established during the marriage,

2) how much the supporting party contributed to fulfilling the other party’s education, training, a career position, or a license by the supporting person and

3) if the person who is supporting the other party can pay spousal support, in which, the court will look at the supporting party’s standard of living, income assets and earning capacity.

Filing for a divorce on your own may be obtainable but make sure to consider the above issues before proceeding on your own. There are number of ways to seek help and one is to see if your county provides self-help assistants of a Family Law Facilitator.  The other option is to seek help from a legal document assistant if you cannot afford an attorney.