Am I Eligible for a DIY Divorce in California? (2026)

Not every California divorce is right for the DIY approach. Work through these questions to find out where you stand.

Section 1 — Basic Eligibility (Required)

1. Does at least one of you meet California's residency requirement? 6 months in California + 3 months in the filing county.

• ✅ Yes — continue
• ❌ No — file for legal separation now, convert to divorce once you qualify

2. Do you want the marriage to end?

• ✅ Yes — continue
• ❌ Unsure — the 6-month waiting period gives you time to reconsider

Section 2 — The Agreement Factor

3. Do you and your spouse both agree the marriage should end?

• ✅ Yes — strong indicator for DIY
• ⚠️ No, but they haven't responded — default divorce path
• ❌ No, they want to contest it — contested divorce, consider an attorney

4. Have you agreed on property and debt division? Remember: California requires 50/50 division of community property.

• ✅ Yes, we agree on everything — great for DIY
• ⚠️ Not yet, but we're communicating — still possible, resolve before filing
• ❌ We can't agree — contested, consider mediation or attorney

5. If you have children, have you agreed on custody, parenting time, and support?

• ✅ Yes, fully agreed — DIY with children is doable
• ⚠️ Mostly agreed — may still be manageable
• ❌ We disagree on custody — get an attorney
• N/A — no minor children

Section 3 — Complexity Factors

6. Do you qualify for Summary Dissolution? Married under 5 years, no children, no real property, limited assets/debts, both agree?

• ✅ Yes — Summary Dissolution is your fastest path
• ❌ No — standard dissolution process

7. Do you own a home together?

• ✅ No — simpler
• ⚠️ Yes, and we agree on what to do — manageable
• ❌ Yes, and we disagree — contested issue

8. Did you own a home before marriage that had its mortgage paid during the marriage? This involves the complex Moore/Marsden formula.

• ✅ No — proceed normally
• ⚠️ Yes — consider at least a professional consultation for this piece

9. Do either of you have retirement accounts from during the marriage?

• ✅ No significant retirement assets — simpler
• ⚠️ Yes, but we agree on division — DIY is possible; use a QDRO specialist for the actual division
• ❌ Yes, and we disagree — attorney recommended

10. Have you lived in other states during the marriage? Quasi-community property rules may apply to property acquired elsewhere.

• ✅ No, always lived in California — proceed normally
• ⚠️ Yes — identify and address any out-of-state property in your MSA

11. Does either of you own a business?

• ✅ No — simpler
• ❌ Yes — business valuation is complex; attorney strongly recommended

12. Has either spouse hired an attorney?

• ✅ No — level playing field
• ❌ Yes — seriously consider hiring one yourself

Section 4 — Safety and Special Circumstances

13. Is there any history of domestic violence?

• ✅ No — proceed normally
• ❌ Yes — contact the National DV Hotline (1-800-799-7233). California has special protections including address confidentiality. An attorney can help you access these safely.

14. Is your spouse in the military?

• ✅ No — proceed normally
• ⚠️ Yes — military divorces involve additional federal protections; consider an attorney familiar with military divorce

15. Are there immigration issues?

• ✅ No — proceed normally
• ⚠️ Yes — divorce can affect immigration status; consult an immigration attorney

Reading Your Results

Strong Candidate for DIY

• Agreed on all terms
• Relatively simple finances
• No safety concerns
• Comfortable with paperwork

Next step: Go to our California Divorce Complete Guide and start with Step 1. Consider using the 2026 Joint Petition if both spouses are ready.

May Need Some Help

• Own a home (agreed on outcome) — DIY possible with careful decree language
• Have retirement accounts — DIY possible, use QDRO specialist for that piece
• Not confident with forms — consider Hello Divorce or Online Divorce for document preparation

Strongly Consider an Attorney

• Spouse has already hired one
• History of domestic violence
• Own a business together
• Disagree on custody of children
• Complex finances or significant assets
• Military or immigration issues

Remember: Many California family law attorneys offer limited scope representation — hiring them just to review your MSA ($200–$500) or handle only the QDRO piece is a valid middle ground.

Free California Divorce Resources

• selfhelp.courts.ca.gov — Official forms and step-by-step guides
• lawhelpca.org — Free legal aid for qualifying Californians
• Your county Superior Court self-help center — In-person help with procedures

California Divorce Document Services

• Hello Divorce — hellodivorceca.com — California-specific flat fee service
• Online Divorce — onlinedivorce.com
• 3StepDivorce — 3stepdivorce.com
• LegalZoom — legalzoom.com

Last reviewed: March 2026

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.