How to File for Divorce in California by Yourself (Without an Attorney)

Hiring a divorce attorney in California is expensive. The average California divorce lawyer charges between $300 and $500 per hour and requires a retainer of $3,000 to $5,000 just to open your file. For a straightforward, uncontested divorce, paying $7,000 to $10,000 in legal fees is often unnecessary.

The California court system is designed to allow people to represent themselves — a status known legally as "in pro per" or "pro se." According to data from the California Judicial Council, approximately 80% of family law cases involve at least one person navigating the process without a lawyer. If you want a step-by-step walkthrough of the whole process, our guide on how to file for divorce in California covers every form in order.

1. Determine If DIY Divorce Is Right for You

Filing by yourself is highly recommended if your situation is "uncontested." An uncontested divorce means:

• You and your spouse agree to get divorced.
• You agree on how to divide your assets and debts.
• You agree on child custody and visitation (if you have children).
• You agree on spousal support (alimony), or you both agree to waive it.

If your spouse is hiding assets, if there is a history of domestic violence, or if you are locked in a bitter custody battle, you should hire an attorney. But if you simply need to legally end the marriage and divide your property fairly, you can do the paperwork yourself — sometimes entirely without going to court.

2. Choose the Right Pathway

When filing without an attorney, your first task is determining which set of forms to use. California offers three main pathways:

Summary Dissolution: The easiest option. You qualify if you have been married less than five years, have no children together, own no real estate, and have less than $57,000 in community property and less than $6,000 in community debt. You use a single booklet (Form FL-800) and file together.

Joint Petition: If you don't meet the strict limits for a Summary Dissolution but you and your spouse agree on everything, you can file a Joint Petition. You submit the initial paperwork together, which skips the adversarial step of serving your spouse.

Traditional Petition: If you need to start the process but your spouse isn't ready to sign paperwork yet, you file a Traditional Petition (Form FL-100). You file alone, and your spouse is formally served with the papers.

3. Prepare the Financial Disclosures

The number one reason self-represented divorces get rejected by the court is incomplete financial disclosures.

California law requires both spouses to exchange a Preliminary Declaration of Disclosure. You must list every asset you own and every debt you owe, regardless of whose name is on the account. You will use Forms FL-140, FL-150, and FL-160 to do this.

You do not file your bank statements or tax returns with the court. You simply hand them to your spouse and file a single form (FL-141) swearing under oath that you provided the information.

4. Draft the Marital Settlement Agreement

If you are filing without an attorney, you still need a legally binding contract that details exactly who gets what. This is called a Marital Settlement Agreement (MSA).

The MSA must cover:

• Division of bank accounts and retirement funds
• Who keeps the house or vehicles
• Responsibility for credit card debt and loans
• A specific child custody schedule
• Exact amounts for child and spousal support

Once you both sign and notarize the MSA, it gets attached to your final Judgment (Form FL-180) and submitted to the judge for approval. Remember the 6-month waiting period still applies even when you handle everything yourself.

5. Pay the Fees (or Get a Waiver)

The court charges a flat filing fee of $435 to start a divorce case. If you are filing a Traditional Petition and your spouse files a response, they must also pay $435.

If you are filing by yourself because you cannot afford an attorney, you might also qualify to have the filing fee waived. You can submit Form FW-001 (Request to Waive Court Fees) if your income is below 125% of the federal poverty level or if you receive public benefits like Medi-Cal or CalFresh.

Not sure which pathway you qualify for? Start your California divorce packet and we'll match you to the right forms in about a minute.