How to File for Divorce Online With a State Fee Waiver in California
When dealing with the stress of a divorce, you do not want to add the financial stress of hiring a costly divorce attorney if it's not necessary. A cheaper alternative is to hire a paralegal, who can assist with filling out and filing the necessary paperwork online, or to file the divorce yourself. If you cannot afford court fees, you can obtain a fee waiver. A paralegal can also assist with completing and filing the fee-waiver form.
Other People Are Reading
Instructions
-
With Paralegal's Help
-
1
Hire a paralegal who has a good reputation and check references before hiring. A certified paralegal is preferable. When checking rates, ask specifically about the fees for preparing the paperwork, filing it, and serving your spouse; these services may not always be included in one price. Often, preparing and filing a fee-waiver application carries an additional fee.
-
2
Prepare paperwork for the paralegal. Typically, the paralegal will provide all necessary court forms. Make sure that all of your documentation is correct; the paralegal will put it into the proper legal formats. For the fee-waiver application, you must provide information on your income and debts.
-
-
3
Sign the paperwork and return it to paralegal as soon as you receive it back from her. Usually the paralegal will file it with the court, but she cannot do so until you have signed it. You will have to return these forms either by mail or in person to the paralegal, as the courts require original signatures. Return the fee-waiver application with the divorce paperwork.
-
4
Appear in court on the given date. You must attend a hearing, even if the divorce is uncontested. Take copies of all paperwork to the hearing with you. Your paralegal cannot attend on your behalf, only a lawyer can do that.
On Your Own
-
5
Obtain the necessary paperwork online or at your local courthouse. The standard dissolution-of-marriage form is Form 1281, but you may also need other forms depending on your specific situation. Check with the California Court Information Self-Help Center to find all forms that you will need. Obtain the fee-waiver application (FW-001) also, either online or from the courthouse.
-
6
Fill out all of the paperwork, following all instructions as listed in the California Court Information Self-Help Center. For the fee-waiver application, you will be required to list all income and debts.
-
7
File the divorce paperwork and the fee-waiver application together. You can either mail the documents to your local court, or return them in person. These documents cannot be faxed or emailed.
-
8
Attend the hearing, and bring your paperwork with you.
-
1
Tips & Warnings
For a contested divorce, you may still want to consider hiring a divorce attorney.
Paralegals cannot give legal advice or appear in court for you, and they typically will only work on uncontested divorces.
References
Resources
- Photo Credit ring image by Jens Klingebiel from Fotolia.com
