How to Start a Divorce in 4 Easy Steps

Can you represent yourself? Yes. Should you? No way.

Interview lawyers before you start the divorce process. At the interview, a divorce lawyer can answer your questions. That includes questions about dividing assets, child custody, child support, spousal support, and much more.

The divorce lawyer can also walk you through the divorce process from start to finish. If your divorce will be amicable, that process is different than a divorce with contested issues.

Experienced lawyers like those at our California family law firm do not just answer questions but we provide a roadmap for potential clients about how we believe their divorce should proceed. We discuss strategy, tactics and cost.

Once you decide on a divorce lawyer, assuming you chose wisely, the entire process will become smoother.

Our lawyers give our clients a list of information and documents we need from them in an easy-to-understand format. This information and documentation helps us better understand a client's list of assets, debts, income, expenses, child custody issues and much more.

Cooperating with your divorce lawyer to gather information is an important part of the starting point. Some people believe there should be an immediate filing of the divorce petition to start the divorce. We disagree that is the right approach in every case.

Instead, we customize our approach based on the case's facts. If there is an urgent need for custody and support orders or there is a potential risk to assets, then it makes sense to start the divorce with an immediate filing and service of the petition.

But if those issues are not urgent and the case requires diligence to determine the right strategy, a filing too quickly can cause you to start a divorce before you are ready and put you at a disadvantage.

Preparing the divorce petition requires care Your lawyer's office should prepare the divorce petition.

When it is time to file the divorce, your attorney will present you with several documents for review.

At a minimum, that will include a divorce summons (FL-110 form) and divorce petition (FL-100 form). In some cases, the spouse will include detailed financial disclosures that include disclosures of assets, debts, income and expenses. There are different forms for these documents.

If the spouses have children, the spouse filing the petition also includes a UCCJEA form (FL-105). Most counties in California have local forms you must also file. Once the paperwork is filed, that filing formally starts the divorce in family court. Then comes service.

There are different ways to serve the divorce packet. Your divorce lawyer should hire a reputable company who handles such tasks. The proper process server will serve the paperwork and file proof of that service with the court.

This starts the divorce for your spouse. Until they are properly served with the initial filed documents, they do not have an obligation to respond to the petition. Most of the time, your spouse has 30 days from the service date to file and serve their response and related paperwork.