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$149 California Divorce: With or Without Children
Spouse's Signature Not Required
*** The following is basic non-state specific divorce information, for state specific information select the state from the green navigation bar above.
Introduction: Divorce Basics
The modern day divorce is usually little more than a simple clerical matter. By the time you have made the decision to get a divorce the marriage has ended, and all that remains is to take care of the paperwork to end the legal ties. Ending the legal ties, (getting a divorce), often includes dividing up any property from the marriage or just confirming or identifying the separate property of the parties. If you have children from the marriage, under the age of 18, typically custody, child support, and visitation, will be set out in the divorce making it easier on everyone involved - including the children. Clearly spelling out who is to do what, when and under what terms and conditions in the divorce leaves less to be argued over.
It is now the stated policy of most states to encourage spouses and parents to reach a Marital Settlement Agreement and a Parenting Plan including Joint Custody of Children whenever practicable as part of the divorce. Joint custody does not necessarily mean a 50:50 time sharing of the children, although some parents are very creative in working out a parenting plan doing just that, or at least close to it. Joint custody also does not mean that there won't be any child support ordered. Joint custody is in reality closer to a 50:50 sharing of the "responsibility" for decision making about the things that affect the lives of the children.
In the most 'common' joint custody plan, 1 parent has primary physical possession, and the non-custodial parent has the standard visitation of basically every other weekend, alternating holidays, and an extended period in the summer, and pays child support. In the real world, joint custody is typically a parenting plan that keeps both parents actively involved in all of the major decisions impacting the child and gives the non-custodial parent a greater role in the lives of their children.
The majority of divorces are granted by agreement of both spouses. That means that for the majority of spouses, they have reached an agreement about how they want the affairs of their divorce settled and rather than needing (or wanting) someone to 'tell' them what they 'ought' to do; what they really want is someone to simply do the paperwork - according to the way they have decided to settle their divorce, and give them the procedural information they need to process their divorce without hiring a lawyer.
That is exactly what we do. You make the decisions - We Do the Paperwork; and provide the procedural information to 'walk' you through the process from filing the initial paperwork to walking out of the courthouse a newly divorced single person.
Everyone knows that you can represent yourself in a murder trial - we hear about it almost daily on the news; but few people realize that there is no law in any state requiring you to hire a lawyer; you are not required to hire a lawyer to handle any legal matter for you - including your divorce.
The following sections detail the various aspects of divorce, custody, support, visitation, and property division settling the affairs of the marriage.
THE BASICS
Residency
Each state has a residency requirement that requires at least one spouse to live in the state and the county for a specific time period before you can file for divorce or dissolution of marriage in that state. In some states the residence requirement may be 1 day, others up to a year.
Individual
State Laws; specific requirements for residency, grounds
for divorce, property division, child custody and support etc. for all states
can be found at the individual state sites.
Simply select and 'click' on the state from the green menu bar above
for state specific information.
Legal Separation
The same provisions in the Marital Settlement Agreement (MSA) see below, can be implemented into a Legal Separation Agreement providing for the division of property, debts, child custody, visitation, child support and alimony. For those who choose not to file for divorce, but need provisions to address property issues and the care, custody and support of their childern, we provide a Legal Separation document service at the same low $149 fee. If you later decide to proceed with a divorce, your separation agreement can be incorporated, in whole or in part, into your final divorce paperwork.
Agreed Divorce
Marital Settlement Agreement
A Marital Settlement Agreement (MSA) gives the spouses virtualy complete control over their divorce and the issues that affect their lives and the lives of their family and children. Your MSA actually becomes your judgment decree of divorce, simply meaning that you (and your spouse) decide everything and have total control over your own divorce. You determine the division of your property and the issues of child custody, visitation and support for your minor children.
An MSA puts the power and control in the hands of the spouses themselves (where it belongs) and gives you much more flexibility, detail and protection in how your affairs will be handled. Your divorce will be done the way you want it handled, not the way the court (or lawyer) decides it "should be" handled. Both spouses are ordered by the court to comply with all of the terms of their agreement, just as with any other court order.
An MSA can be tailored to meet the needs and concerns of your specific situation resolving the issues that are going to affect your life in the future.
Once you and your spouse have signed your MSA, your divorce is essentially complete.
All states urge spouses to settle their own affairs and work out an agreement providing for the division of their marital property and debts and even more importantly, reach an agreement providing for the future care, custody, visitation and support of their children. Courts have come to realize that parents are usually the best judge of what will or won't work in their unique family. Courts much prefer to make decisions for you only as a last resort.
You can enter into an MSA at any time before your divorce is final. The majority of spouses have already made most, if not all, of the decisions about how they want the issues of their divorce resolved by the time they are seriously seeking out help for the final step - the actual formal divorce - the paperwork. Those who already know what they want, often choose to set out the terms of their agreement in an MSA at the beginning of the actual divorce process - when the complaint or petition for divorce is filed. If you have not made all of the decisions before you initially file for divorce, you can work out the details later and enter into an MSA at any time before your divorce is granted.
The flexibility of an MSA allows you to set out essentially any thing you and your spouse can agree on and make your agreement the central feature of your divorce. This flexibility can be crucial when there are children of the spouses. An MSA gives parents the flexibility and freedom they often need to develop a Parenting Plan that will work in their particular case - with their unique family.
Beyond simply setting out your agreement on paper, an MSA has a 2nd, perhaps equally important feature. Ex-spouses are much much more likely to voluntarily comply with the terms of their divorce when they had an active part in deciding what those terms would be. Spouses who divorce under the terms of their MSA are far less likely to find themselves back in court (at great expense) at some point in the future trying to force an ex-spouse to comply with the Court's orders for the division of property and debts, payment of support and issues of custody of and visitation with their children.
While not all divorcing spouses will be able to agree to the terms of an MSA, unless you plan to make your divorce and the enforcement of its terms your career, it's worth at least trying to work out an agreement that you, your spouse, and your children can all live with.
Typical Provisions of a Marital Settlement Agreement
The following provisions are routine provisions we provide in a standard Parenting Plan and Marital Settlement Agreement and are the standard options from our order form. The options are not intended to cover all the possibilities for agreements.An MSA can be tailored to meet your specific needs and choices. They are intended as a 'guide' to help you better understand the advantage and possibilities of a Marital Settlement Agreement.
PARENTING PLAN for CHILD CUSTODY, VISITATION, AND SUPPORT
CUSTODY OPTIONS FROM THE DIVORCE WORKSHEET ORDER FORM
- _____Joint Legal & Physical Custody: Husband and wife shall jointly share the legal and physical custody and care of their minor children .
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_____ Joint Legal Custody with Primary Physical
Custody:Husband and wife shall jointly share the legal custody
of their minor child(ren), and ______________________________ shall have
the primary physical custody of the child(ren) .
- _____ Standard Visitation for non-custodial parent
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______Sole Custody With Visitation ___________________
shall have the sole legal and physical custody of the minor child(ren),
subject to the right of the non-custodial parent to visit with and temporarily
take possession of the child(ren) AT ALL TIMES MUTUALLY AGREED TO BY THE
PARENTS, and failing agreement, as set forth in standard visitation schedule.
(click on the visitiaton link from the green navigation
bar above to view the entire visitation schedule)
ADDITIONAL PARENTING PLAN PROVISIONS FROM THE WORKSHEET/ORDER FORM -
- _____ Neither parent shall conceal a child's whereabouts from the other parent nor remove a child from the state of the child's current residence for more than _____ days without the prior written consent of the other parent.
- _____ The child's primary residence shall remain in the state of ___________________ (and) in the county of ______________________ unless prior written consent of the other parent is given or until further order of the court.
- _____ The child(ren) will keep the father's surname and not take on the Mother's maiden name or name of any new spouse, at least until the child is eighteen years of age and is old enough to make that decision for themselves.
- _____ The child(ren) will be raised in the ______________ religion with ______________________ to be primarily responsible for the child's religious training.
- _____ The following grandparent(s) ________________will succeed the non-custodial parent in their rights of visitation with and temporary possession of the child(ren) in case the non-custodial parent, with visitation and temporary possession rights, dies before the child(ren) are eighteen years old.
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** attach a separate sheet detailing additional provisions not provided
for above
- **Most state's child support guidelines generally provide for child support to be determined as a percentage of the Obligor's "net" (take home pay) monthly resources as follows: 1 child = 20% of net , 2 children = 25%, 3 children = 30%, 4 children = 35%; as older children become 18 or are no longer entitled to support, child support typically decreases by the percentage allotted for each child (roughly 5% per child).
- **Note The cost of medical insurance and child care is not included in the above percentages.
- $____________ Amount of monthly child support (total for all children)
- $____________ Amount support will be reduced by as each child reaches 18 (if any)
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___Medical Health Insurance for the child(ren):
- ______________ will obtain, maintain, and pay the cost of, a medical health care insurance policy for each child entitled to child support.
- For medical expenses not covered by insurance, the father shall pay _______ % and the Mother shall pay _______%
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___Child Care required for both parents to
work
- ___________ shall pay to______________ for child care a total of $___________ per month, payable in advance on the ____ day of each month, to begin on __________________19___ and continuing as long as child care is necessary AND ACTUALLY being paid.
- ____Life Insurance:To ensure that funds are available to adequately support the minor child(ren), ____________________ (i.e. Father, Mother, Both) parent(s) will carry and maintain a policy of life insurance in the amount of $____________, and shall name as the sole irrevocable beneficiary of the policy ___________________ (ie. other parent or minor child(ren)), and shall not borrow, assign, or otherwise encumber said policy.
- ____ The child support obligation shall terminate upon the death of the parent receiving the child support provided the payor assumes full custody of the child(ren), otherwise, the support obligation shall continue being paid to the 11th party assuming primary custody and child rearing responsibility for the child(ren) as successor to the primary custodial parent.
**Note; The above list of options for developing your parenting plan is not intended to include all possibilities or circumstances and is only provided for your general information and educational purposes; attach an additional sheet to the worksheet/order form detailing any provisions of your Parenting Plan not included in the above list of the most commonly used provisions reprinted here and on the worksheet/order form.
AGREED DIVORCE
In an agreed divorce, one spouse files the papers at the local court house and gives the other spouse a copy of the filed divorce papers. That spouse then signs a waiver of official service of citation which basically acknowledges that they have received a copy of the divorce papers and that the divorce may proceed without them having to do anything else or even having to appear at the final divorce hearing.
Default Divorce
In a default divorce, only one spouse (the one filing the divorce) is required to sign anything. One spouse files the divorce papers. The other spouse is then notified by being delivered a copy of the divorce papers by the Sheriff, Constable or other authorized process server, and in some states by certified mail. The spouse being "served" with the divorce papers is not required to sign anything. All that is required is proof that they were notified - not their consent, and not their signature.There are provisions (see above) for notifying a missing spouse. You cannot force someone to stay married to you.
Missing Spouse
If you don't know where your spouse can be found to be 'served' (notified), and you have made a good faith effort to locate them, each state provides for a divorce to be granted by notice to the 'missing' spouse by publication in a newspaper, or in some states by posting a notice at the court house. If you indicate that the other spouse is missing on the order form, we will provide the necessary documents and procedural information for having the missing party served by publication (or posting).
a notice
posted at the court house or;
-
running it in a
newspaper.
The Process of Divorce
There are only three basic procedural steps to divorce:
- File divorce papers
- Notify Spouse
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Finalizegetting a judgment of divorce
-
Depending on your state's requirements,you
may finalize your divorce by:
- attending a hearing
- mailing (handing in) final paperwork
-
Depending on your state's requirements,you
may finalize your divorce by:
Filing Fees
You pay the same filing fees and court costs that lawyers pay. The exact amount will vary from state to state and in some states such as California, the fee may even vary from county to county. The fee will also depend on whether or not your spouse signs a waiver of formal service of citation (notice) and whether or not you have children. For example: In California the fee is $182 (in most counties); Oklahoma has a state wide fee of $65; Wichita County California, the total fee is $142 for a divorce when the spouse signs a waiver of formal service, and $189 if the spouse has to be personally served within the county and $194 if service is made by certified mail to the 'other' spouse sent from the Clerk's office. You can call the Clerk's office in your county and they will tell you exactly how much the fees will be in your particular case.
Order
Form Point - Click - Print! (or
save) .
Alternate order form "snail mail"e-mail a physical address and we will "snail mail" you an order form via U.S. Postal
CHILDREN
Child Custody; Support; Visitation
CHILD SUPPORT
Each state has its own 'formula' for determining the amount of child support to be paid for the benefit of the parties' children. Although the formula may vary, the end result is generally in the same percentage range of the parent who is to pay child support's disposable income. For example: In California, child support is calculated as follows:
- 1 child = 20% of the parent's disposable (take home) income;
- 2 children = 25%;
- 3 children = 30%;
- 4 children = 35%
While the chart above is specific to California, it will give you a 'general' guide for approximating child support . The above chart does not include the cost of medical health care insurance which is in addition to the above child support. To view the child support guidelines for specific states, select and 'click' 'child support from the green navigation bar above.
Withholding Child Support From Earnings
Virtually every state has a provision for withholding child support directly from the earnings of the parent who is ordered to pay child support; much like the way income tax is withheld. This makes both receiving and paying child support 'easier' and more certain for both parents. Child support is typically withheld and sent to the state agency authorized to receive and disburse payments. Once the support has been 'logged' in to verify that it was paid, the payment is then forwarded to the parent who is to receive support for the benefit of the children.
Visitation With Children
Much like calculating child support, the standard visitation 'schedule' which is presumed to be in the best interest of the children is 'universally' accepted. Although parents are generally free to visit with their children at AT ALL TIMES MUTUALLY AGREED to by the parties, the Standard visitation schedule provides a 'safety net' for those times when parents cannot agree. With some minor differences, generally all states use what is considered to be the "standard" visitation schedule which is basically: Every other weekend; Summer visitation of approximately 4-6 weeks and Alternating Holidays.
View complete Standard Visitation Schedule
Joint Custody
Sates are now 'urging' parents to work together for the benefit of the children and reach a 'joint custody' agreement. Joint custody is seldom a 50:50 time sharing of children. It is more accurately a 50:50 sharing of responsibility and participating in the decision making process in matters that affect the children. Generally, one parent is named as the 'primary' joint custodian and the other parent is granted visitation "at all times mutually agreed" and failing agreement, under the terms of the state's standard visitation policy. The primary joint custodian typically retains the decision making authority to determine the child's primary residence and school; and to designate such things as the child's primary physician.
Return to Table of Contents at Top of Page
See the Marital Settlement Agreement with Parenting Plan Above;
About The National Divorce & Bankruptcy Center
The National Divorce & Bankruptcy Center is a division of Pro Se Publications, Self-Help Center, which began in May of 1994 and provides the public with easy and inexpensive access to the courts without the expense of hiring a lawyer. We help you better inform yourself about laws and legal procedures so that you can make your own informed decisions - about the legal actions that affect your life. We provide services at low cost because we are not lawyers and do not give legal advice. Instead, our service is limited to providing you with self-help information and providing quality legal document preparation.
IN SHORT - We Help Our Customers Solve Their Own Legal Problems Without The Expense of Hiring A Lawyer.
Document Preparation; The Paperwork
Point - Click - Print
Order Form
All of the documents required to not only File but Complete an agreed Divorce in your state are included in the paperwork returned signature ready for filing in your state. The following are the basic required documents for processing divorce:
- Petition/Complaint Tells the court what you want.
- Waiver or Acceptance of Service Allows your spouse to avoid the formality of being served divorce papers.
- MSA (marital settlement agreement) sets out the terms and conditions of your divorce, i.e. child support, custody, visitation, property division etc. The heart of a divorce
-
Judgment/Decree signed by the judge
granting the terms of a divorce (the MSA) IF you have children, the following
documents are also required and included:
- Wage Withholding/Assignment Order for the payment of child support.
- Standard Visitation Schedule sets out the visitation schedule for the non-custodial parent.
-
Your state requirements may also include additional documents that will also
be provided in addition to the above basic documents as may be required.
Your completed paperwork will be return mailed to you ready to be filed within 48 hours of receipt of the work sheet order form and $149 document processing fee, (most within 24 hours), along with procedural information to 'guide' you through the process from filing your initial documents to walking out of the courthouse a newly divorced person.
Every Citizen's right to know and use the law
- without hiring a lawyer - is fundamental to American
Democracy. The law, like any other information, can be
broken down and organized into small, easily understandable sections and
bits. The 'bits' can then be put together to complete a larger task.
Making the divorce process easier is our commitment to the public.
Order
Form Online Divorce "Instant" Ordering ; or Point
- Click - Print! (or save) for ordering off line.
Alternate divorce order form "snail
mail"e-mail your mailing
address and we will "snail mail" you an order form via U.S. Postal
The divorce information available at this site and its hypertext links, is the result of a 4 1/2 year prospective Phd dissertation research project on divorce and is excerpted from the divorce books and other divorce information published by Pro Se Publications (unless otherwise noted) and is provided for general information and educational purposes, and last, but most important, is not to be considered legal advice. For additional information, see the copyright & disclaimer
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