Do I need a lawyer for a divorce in California?
Michael Gower
California managing attorney at Marble Law
Key Takeaways
- There’s no legal requirement to work with a divorce lawyer in California.
- If you have children, it can be very helpful for child support considerations.
- Lawyers can also be extremely helpful when it comes to dividing assets.
- Divorce cases can be complex, and an experienced lawyer can help make the process more efficient while protecting your rights.
You don’t need a lawyer for a divorce in California. That said, you may find it helpful to work with one on some parts or all of your case. Hiring a divorce lawyer typically offers benefits such as:
- Protection of your interests: Divorce involves complex legal issues, and an attorney can ensure your rights and interests are protected throughout the process. They can advise you on your legal options, help you draft and file court documents accurately and represent you in court hearings. An attorney can also ensure you understand the full range of potential outcomes, empowering you to make informed decisions.
- Better child custody and support outcomes: If you have minor children, child custody and support arrangements will be key considerations in your divorce. An attorney can advocate for your children's best interests and help you navigate complex issues such as visitation schedules, parental decision-making and child support calculations. They can also represent you in child custody hearings and work to ensure a fair and workable arrangement is established.
- Asset division assistance: California's community property laws dictate the division of assets and debts acquired during the marriage. An attorney can help you identify and value all marital assets and debts, negotiate a fair settlement agreement with your spouse and ensure you receive your rightful share. They can also address complex issues such as retirement accounts, business ownership and separate property claims.
- Less stress: The legal process can be overwhelming and emotionally draining. An attorney can handle the complexities of the divorce, allowing you to focus on your emotional well-being and your children's needs. Their expertise can also streamline the process, potentially saving you time and money in the long run.
- Increased security: If domestic violence is a factor in your divorce, an attorney can provide invaluable support and guidance. They can help you obtain restraining orders and advocate for your rights in court.
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Even if your divorce is uncontested—meaning you and your spouse agree on all issues—an attorney can be an asset. They can review your settlement agreement and ensure it accurately reflects your intentions and protects your future interests.
And in contested divorces, an attorney's expertise can be highly valuable. They can represent you in mediation or court hearings, negotiate on your behalf, and present compelling arguments to achieve the outcome you deserve.