Provided as a courtesy of the Justice Center, a paralegal program of the Mildred Rose Memorial Foundation, Inc., a non-profit California corporation dedicated to Public Service. Address all correspondence to: The Justice Center, C/O MRMF, Inc., Post Office Box 7075, Laguna Niguel, CA 92607

As the law dealing with Divorce has progressed away from the adversarial model in favor of mediated settlements, the term "divorce" was dropped. Now the procedure is called a "DISSOLUTION OF MARRIAGE." Today about 60% of all divorces are "in pro per," which means individuals representing themselves in court without a lawyer. The forms are so routine that anyone who can write a check can do his or her own divorce. (The only trick is to remember that the official forms change every six months, and the courts insist that only current forms are used).

The Justice Center uses a book published by Nolo Press (Berkeley, CA), written by an attorney named Ed Sherman, called "How To Do Your Own Divorce in California." It has current forms and simple and concise instructions about filling them out. It's best to represent one's self in uncontested divorces, but even contested divorces can be mediated under court supervision, without attorneys. Thus lawyers are really only essential when obscure questions of law arise, such as in complicated property settlements; but even then it is possible to fill out and file the paperwork yourself, and retain an attorney afterward, like a consultant, which can save a lot of money. ANY time lawyers use a pen or a phone, the meter is running.

The dissolution is initiated by filling out and filing a Family Law PETITION FOR DISSOLUTION OF MARRIAGE and a SUMMONS and a CONFIDENTIAL COUNSELING STATEMENT. An Income and Expenses Declaration will also be necessary, if there are issues of child or spousal support, or the division of community property. (Cases without property or children do not need to file financial disclosure documents). These forms are filed in the Superior Court, Family Law Division, and the fee in Orange County (1/2001) is $193.00; however, people on fixed incomes or public assistance may qualify for a waiver of fees.

The SUMMONS gives the Respondent (defendant) 30 days to file a RESPONSE; the 30 days commences with the SERVICE OF PROCESS, or delivery of official documents to the Respondent by a person NOT party to the lawsuit, as evidenced by a PROOF OF SERVICE filed with the court. If the Respondent files a Response, he or she can take an active part in the case. However, if the Respondent does not file a RESPONSE before the 30 day period ends, the Respondent goes into DEFAULT. Once the 30 day period ends the Petitioner can file a REQUEST TO ENTER DEFAULT, asking the court to acknowledge the default of the Respondent, which enables the Petitioner to proceed and obtain a JUDGMENT.

Once the court accepts and files the REQUEST TO ENTER DEFAULT, the Petitioner may either obtain a JUDGMENT and ENTRY OF JUDGMENT by mail, or by going to a trial hearing before a judge. In most cases in which there are financial issues or support issues, the court will require a trial hearing. To obtain a JUDGMENT by mail the Petitioner needs to file a DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION, as well as a filled out JUDGMENT form, and ENTRY OF JUDGMENT form, in triplicate. The Petitioner must also include two (2) pre-addressed, first-class postage pre-paid #10 envelopes: one envelope addressed with the address of the Petitioner, and the second envelope addressed with the address of the Respondent. When the court issues its final JUDGMENT, closing the case and concluding the Dissolution of Marriage action, it will send conformed copies of the ENTRY OF JUDGMENT forms to the Petitioner and Respondent, giving them notice of the termination of their marriage, and on what date the termination would become effective.

For those people who need to schedule a trial hearing, they need to go to the local Superior Court where their case is filed, and get the LOCAL FORM for scheduling a case for a hearing. In Orange County, California, the local form is called MEMORANDUM FOR SETTING FOR HEARING. The document must be filed in triplicate with two (2) pre-addressed and postage-paid #10 envelopes addressed to the Petitioner and the Respondent, with the original going to the court; the court will send the two copies back to the Petitioner and Respondent with the time, date and courtroom of the hearing. (ALL FORMS NEED TO BE FILED IN TRIPLICATE, for the same reason). At the time of the hearing the Petitioner needs to appear and testify, and take a completed, typed JUDGMENT and ENTRY OF JUDGMENT. Once the judge hears the case he will ask for the JUDGMENT and ENTRY OF JUDGMENT documents, which should be passed to the bailiff, for delivery to the judge. Again, two (2) pre-addressed and postage-paid #10 envelopes addressed to the Petitioner and the Respondent should be included with the JUDGMENT and ENTRY OF JUDGMENT forms. The judge may or may not make a decision at the hearing, however, the stamped ENTRY OF JUDGMENT forms indicating the closure and finalization of the case will be sent by mail to both parties.

With default divorce laws there are no grounds for stopping a divorce. If one party is determined the divorce will take place. Once a judgment is entered the dissolution is final six months and one day following the DATE OF SERVICE of the original PETITION and SUMMONS, when the individuals may legally remarry, the true test of a divorce.

ORDERS TO SHOW CAUSE: OBTAINING TEMPORARY COURT ORDERS FOR CHILD SUPPORT, SPOUSAL SUPPORT, AND THE DIVISION OF PROPERTY

If there are children involved, an OSC (ORDER TO SHOW CAUSE) should also be filled out with an APPLICATION FOR AN ORDER AND SUPPORTING DECLARATION, to obtain temporary court orders regarding child support, custody and visitation, and if applicable, spousal support. Child support has been standardized and is based on a fixed formula, so that there is no way to dispute the amount. These papers should be filed with the PETITION and SUMMONS, and if there is fear of irreparable harm (violence) when the Respondent gets served, a TRO may also be applied for at the same time (TEMPORARY RESTRAINING ORDER). The OSC and APPLICATION FOR ORDER, and if applicable, TRO (OSC ex parte), must be served on the Respondent with the PETITION, SUMMONS and other forms.

A marshal can perform service, or a process server, or even a friend, but no party to any lawsuit can serve "process"; if there is any doubt about serving documents on a Respondent, use a process server. They charge a little more than the marshal, but they're worth it, because they will virtually track down the person to be served. If money is an issue a friend can legally perform service, and fill out the PROOF OF SERVICE, which must be filed with the Court, giving the court "jurisdiction" (power) to decide the case. At the time of service the Petitioner (filer) is expected to supply a blank Confidential Counseling Statement, and a blank RESPONSE form, and a blank Income and Expenses Declaration, to the Respondent (the person who is being "sued" for divorce). In those counties with mediation, both parties are required to meet for a mediation prior to the date of the hearing.

The hearing on the OSC normally takes place 21 days after the filing date of the OSC. (If a TRO is sought, the first hearing is held the SAME DAY, with four hours notice by phone). The OSC hearing is where issues of child custody, support and visitation, and spousal support, are settled temporarily, pending the finalization of the divorce. Child support is partially linked to visitation so that the more visits made, the less support is due. (Individuals who fail to make payments not only violate the person entitled to support, they violate the orders of the court, and can go to jail for contempt). Once the hearing has taken place the judge will issue a FINDINGS AND ORDER AFTER HEARING, largely derived from the agreements arrived at in mediation. When a final JUDGMENT is applied for, the terms of the FINDINGS AND ORDER AFTER HEARING are incorporated into it, making the temporary orders into permanent court orders. However, both the Respondent and the Petitioner are allowed to re-open the case by filing a new OSC at any time, if material changes take place, such as loss of employment, re-marriage, etc.

IF YOU HAVE ANY QUESTIONS, the Justice Center recommends the book "How to Do Your Own Divorce in California," published by Nolo Press of Occidental, California.

THE JUSTICE CENTER is an expert form preparation service staffed by non-lawyer paralegals. As a non-profit community service the Justice Center offers qualified help to individuals in preparing their own paperwork, with over 20 years of experience. The Justice Center will assist individuals in informing themselves regarding their legal rights. All services are 100% unconditionally guaranteed.

DISCLAIMER: The Justice Center does not give legal advice. This pamphlet is provided free of charge, as a public service for general informational purposes only. No warranty is made or implied. Persons with questions of law are encouraged to seek the advice of an attorney.