# Divorce in California **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [August 6, 2013, 8:39pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528 "2013-08-06T20:39:37Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![want2befree](https://avatars.discourse-cdn.com/v4/letter/w/3e96dc/32.png) [@want2befree](https://boards.straightdope.com/u/want2befree)\ **Post date:** [August 6, 2013, 8:39pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528/1 "2013-08-06T20:39:37Z")
I was thinking about hiring an attorney, but then a couple people told me I could easily do it myself and save money. I’ve spoken to a couple people who have used a paralegal. I’m wondering if that’s the route I should take, or if I should simply go online as I know you have to, fill out the form, print it out, and bring it to the courthouse for filing. I don’t expect he will contest anything. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [August 6, 2013, 8:54pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528/2 "2013-08-06T20:54:24Z")
If you have signicant assets or kids, I’d recommend a lawyer. If not,bayou can fill out the forms and see what happens. ---
**Author:** ![The\_Devil\_s\_Grandmother](https://avatars.discourse-cdn.com/v4/letter/t/74df32/32.png) [@The\_Devil\_s\_Grandmother](https://boards.straightdope.com/u/The_Devil_s_Grandmother)\ **Post date:** [August 6, 2013, 8:55pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528/3 "2013-08-06T20:55:48Z")
If you have anything (house, retirement savings, inheritance from a grandparent) to lose, get a lawyer. If you have no assets and don’t expect to, you might look for a copy ofhttp://www.nolo.com/products/divorce-and-child-custody"] nolo’s divorce books for your state. Much depends on how angry and proactive your soon-to-be-exspouse is. ---
**Author:** ![want2befree](https://avatars.discourse-cdn.com/v4/letter/w/3e96dc/32.png) [@want2befree](https://boards.straightdope.com/u/want2befree)\ **Post date:** [August 6, 2013, 8:59pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528/4 "2013-08-06T20:59:44Z")
I was told by an attorney I consulted that he has no rights to my inheritance money. ---
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [August 6, 2013, 9:04pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528/5 "2013-08-06T21:04:45Z")
> [@want2befree](#): > > I was told by an attorney I consulted that he has no rights to my inheritance money. Many courts in California have self-help centers. Go in and talk to someone in a court near you. Divorces _can_ be relatively simple, depending on a number of factors which people who have posted above have already mentioned. Talk to the folks in the court, let them explain the process to you, and decide if it sounds simple enough for you to deal with on your own. If you have any doubts at all about that, get yourself a lawyer. ---
**Author:** ![wonky](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wonky/32/393_2.png) [@wonky](https://boards.straightdope.com/u/wonky)\ **Post date:** [August 6, 2013, 9:05pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528/6 "2013-08-06T21:05:14Z")
If you decide to fill out the documents yourself, see if your local courthouse has a self-help center. They might have the forms and a guide that will help you fill out the forms correctly on your first try. ---
**Author:** ![The\_Devil\_s\_Grandmother](https://avatars.discourse-cdn.com/v4/letter/t/74df32/32.png) [@The\_Devil\_s\_Grandmother](https://boards.straightdope.com/u/The_Devil_s_Grandmother)\ **Post date:** [August 6, 2013, 9:06pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528/7 "2013-08-06T21:06:43Z")
Huh, I’ve been told that in CA any gains in the marriage would need to be equally divided. You might dig around on google and see if you can find a cite. If you are going to be your own laywer, I would really recommend doing as much research as you can. ---
**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\ **Post date:** [August 6, 2013, 9:14pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528/8 "2013-08-06T21:14:55Z")
From what I recall of her first thread here, the OP has kids, and her husband is unemployed. Pretty sure you’re going to need a lawyer to sort this one out. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [August 6, 2013, 9:17pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528/9 "2013-08-06T21:17:45Z")
> [@The\_Devil\_s\_Grandmother](#): > > Huh, I’ve been told that in CA any gains in the marriage would need to be equally divided. However, all the debts incurred during the marriage can be assigned to one party, at the judge’s discretion. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [August 6, 2013, 11:50pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528/10 "2013-08-06T23:50:01Z")
Will OP get a new user name after she gets2befree? > [@Procrustus](#): > > If you have signicant assets or kids, I’d recommend a lawyer. **If not,bayou can fill out the forms and see what happens.** Possible, but you have to go down to Louisiana to try it. ---
**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\ **Post date:** [August 6, 2013, 11:59pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528/11 "2013-08-06T23:59:06Z")
> [@The\_Devil\_s\_Grandmother](#): > > If you have anything (house, retirement savings, inheritance from a grandparent) to lose, get a lawyer. And they’ll make sure he/she gets it instead of the ex. :rolleyes: I hate lawyers. ---
**Author:** ![Gleena](https://avatars.discourse-cdn.com/v4/letter/g/b3f665/32.png) [@Gleena](https://boards.straightdope.com/u/Gleena)\ **Post date:** [August 7, 2013, 1:55am UTC](https://boards.straightdope.com/t/divorce-in-california/665528/12 "2013-08-07T01:55:25Z")
\*\*Today 07:04 AM \*\*Asimovian \*\*Today 07:05 AM \*\*jsgoddess Are you two on opposite ends of the couch with your laptops? 😃 ---
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [August 7, 2013, 2:34am UTC](https://boards.straightdope.com/t/divorce-in-california/665528/13 "2013-08-07T02:34:07Z")
> [@Gleena](#): > > \*\*Today 07:04 AM \*\*Asimovian > > \*\*Today 07:05 AM \*\*jsgoddess > > Are you two on opposite ends of the couch with your laptops? 😃 What’ll really fry your brain is when you start asking yourself why both of us are educated on and eager to discuss California divorces. 😃 ---
**Author:** ![Gleena](https://avatars.discourse-cdn.com/v4/letter/g/b3f665/32.png) [@Gleena](https://boards.straightdope.com/u/Gleena)\ **Post date:** [August 7, 2013, 2:52am UTC](https://boards.straightdope.com/t/divorce-in-california/665528/14 "2013-08-07T02:52:46Z")
> [@Asimovian](#): > > What’ll really fry your brain is when you start asking yourself why both of us are educated on and eager to discuss California divorces. 😃 It would if I didn’t know the answer. 😉 I just loved the simulpost. ---
**Author:** ![usedtobe](https://avatars.discourse-cdn.com/v4/letter/u/ec9cab/32.png) [@usedtobe](https://boards.straightdope.com/u/usedtobe)\ **Post date:** [August 8, 2013, 4:26am UTC](https://boards.straightdope.com/t/divorce-in-california/665528/15 "2013-08-08T04:26:54Z")
> [@want2befree](#): > > I was told by an attorney I consulted that he has no rights to my inheritance money. Did this lawyer provide you with the reason he/she made that statement? Can you cite the section of statute and/or case law which makes it immune from division? CA (last I heard, been here since '79) is a community property state. What a “lawyer said” is not really a good argument should your spouse smell money and learn of the community property rule. Unless you have the ability to make a proper argument in court, get a lawyer, or at least have one briefed and having read all the relevant paperwork (yes, you will probably pay for the time) and ready to step in should it turn ugly. Or be prepared to kiss off 1/2 of that money ---
**Author:** ![nearwildheaven](https://avatars.discourse-cdn.com/v4/letter/n/90db22/32.png) [@nearwildheaven](https://boards.straightdope.com/u/nearwildheaven)\ **Post date:** [August 8, 2013, 4:30am UTC](https://boards.straightdope.com/t/divorce-in-california/665528/16 "2013-08-08T04:30:11Z")
If you have children or own property, get a lawyer. Otherwise, you MAY be able to do it yourself if all you have is one car per adult and your clothing and household items. ---
**Author:** ![wonky](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wonky/32/393_2.png) [@wonky](https://boards.straightdope.com/u/wonky)\ **Post date:** [August 8, 2013, 4:35am UTC](https://boards.straightdope.com/t/divorce-in-california/665528/17 "2013-08-08T04:35:54Z")
> [@usedtobe](#): > > Did this lawyer provide you with the reason he/she made that statement? Can you cite the section of statute and/or case law which makes it immune from division? [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=770-772](http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=770-772) ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [August 8, 2013, 9:43am UTC](https://boards.straightdope.com/t/divorce-in-california/665528/18 "2013-08-08T09:43:14Z")
> [@The\_Devil\_s\_Grandmother](#): > > Huh, I’ve been told that in CA any gains in the marriage would need to be equally divided. You might dig around on google and see if you can find a cite. > If you are going to be your own laywer, I would really recommend doing as much research as you can. No. Two parties can make any agreement that they want. There are various rules in place for when the two parties can’t agree but that’s a different story. ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [August 8, 2013, 9:46am UTC](https://boards.straightdope.com/t/divorce-in-california/665528/19 "2013-08-08T09:46:48Z")
> [@usedtobe](#): > > Did this lawyer provide you with the reason he/she made that statement? Can you cite the section of statute and/or case law which makes it immune from division? > > CA (last I heard, been here since '79) is a community property state. > > What a “lawyer said” is not really a good argument should your spouse smell money and learn of the community property rule. > Unless you have the ability to make a proper argument in court, get a lawyer, or at least have one briefed and having read all the relevant paperwork (yes, you will probably pay for the time) and ready to step in should it turn ugly. > > Or be prepared to kiss off 1/2 of that money As has been cited already, this is totally incorrect. However, the other spouse is entitled to half of any gains on the inheritance made during the marriage. ---
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [August 8, 2013, 5:00pm UTC](https://boards.straightdope.com/t/divorce-in-california/665528/20 "2013-08-08T17:00:48Z")
> [@hajario](#): > > As has been cited already, this is totally incorrect. However, the other spouse is entitled to half of any gains on the inheritance made during the marriage. Where are you getting this last part from? The cite above explicitly states otherwise. > [@Section 770](#): > > (2) All property acquired by the person after marriage by gift, bequest, devise, or descent. > (3) The rents, issues, **and profits** of the property described in this section. Emphasis mine. So even if an inheritance was obtained after the marriage happened, that money is still considered separate property per subsection 2, and profits from that are STILL separate property, per subsection 3. [Next page](https://boards.straightdope.com/t/divorce-in-california/665528.md?page=2)