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Canyon Lake, CA asked in Divorce, Business Law, Real Estate Law and Family Law for California

Q: How can I manage divorce and asset division without an attorney in CA?

I am wanting to file for divorce but cannot afford an attorney to look over the paperwork. My husband has been out of work for about three years, and I am paying for everything on my own, barely managing to cover food and gas. We have been married for 9 ½ years and have no children together. We own our home, but I cannot afford to buy him out, so we'll need to sell it. There is a mortgage loan and a home equity loan on the property. We also have assets such as a boat and Sea-Doo, along with a substantial amount of debt he created. What options do I have to proceed with the divorce and manage the division of assets and debts under these financial constraints?

2 Lawyer Answers

A: You will need to devote a substantial amount of time and effort to manage the divorce and asset division without an attorney in CA. You need to decide how to best allocate your resources.

https://selfhelp.courts.ca.gov/divorce-california

You can get the help of a limited-scope lawyer, which means that the lawyer helps you as a coach or advisor, and you still represent yourself, or you can hire the lawyer to handle only certain parts of your case that are too complicated for you to do yourself. To find out more about limited-scope representation, and get help finding a limited-scope lawyer, read about Limited-Scope Representation.

My very best to you.

Rob Kane

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Answered

A: You have several viable options for proceeding with your divorce in California without hiring an attorney. California allows you to represent yourself in divorce proceedings (called "pro se" or "pro per" representation), and the filing fee of $435-$450 can be waived if you meet income requirements. You can qualify for a fee waiver if you receive public benefits, your household income falls below specific thresholds, or you cannot meet your household's basic needs while paying court fees. Given your financial situation where you're supporting everything alone while your husband has been unemployed for three years, you would likely qualify for this fee waiver by completing Form FW-001.

California's community property laws require that all assets and debts acquired during your 9½-year marriage be divided equally between you and your husband, regardless of who earned the income or whose name is on the accounts. For your home, you have three main options: an immediate sale with proceeds split equally, one spouse buying out the other's half interest, or a deferred sale arrangement. The substantial debt your husband created during the marriage is also considered community debt that will be divided equally, though the court may assign specific debts to each party while ensuring the overall division remains balanced.

Your local court's Self-Help Center can provide free assistance with forms and legal information, and many counties offer family law facilitators who help with divorce paperwork. Organizations like the Legal Aid Foundation of Los Angeles provide self-help centers, workshops, and how-to guides for completing divorce forms. You should begin by visiting your county's self-help center, completing the preliminary disclosure forms that inventory all your assets and debts, and filing your initial petition with a fee waiver request - the court staff can guide you through each step of this process at no cost.

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