Legal Question in Family Law in California

Hello! I feel like a dummy, but my husband & I have been apart since 1992, but we're still legally married just because we've both been lazy. We do not own anything together, do not share any credit cards, etc. Our only child is 21. Do you think that I could safely go ahead and file for divorce myself or do you think it's wiser to get legal representation? FYI, he already signed off any rights to my pension. Thanks!!!


Asked on 10/11/11, 9:24 am

3 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

An uncontested divorce is doable, without an attorney, but it's always a minefield of potential problems. I would suggest that you start at your local court's website. Based on your zip code, 92608, you live in Orange County. The URL for the family law self-help cite is http://www.occourts.org/self-help/familylaw/index.html.

Next, I suggest that you confer with an attorney, even if you don't want to hire the attorney for the marital dissolution. Many attorneys will sit down with you for an hour or so to answer your questions, go over the pertinent issues, and send you on the right path. My office has these kinds of consultations, all the time. The cost of the consultation is credited to the client, if we are retained for the marital dissolution. If not, then this consultation fee is all there is.

By the way, you're no dummy. Family law attorneys see situations like yours, all the time. It's tough to get up the time and energy to start a divorce. If, indeed, your divorce will be truly uncontested, you shouldn't have any problems, at all.

Best wishes to you.

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Answered on 10/11/11, 9:32 am
Michael Schneider Family Law Center

In the alternative, I am not sure about Orange County, but, for example, here in Riverside, at the court they have "court facilitators" who are attorneys who work for the court to help with doing uncontested divorces just like you describe. Good luck.

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Answered on 10/11/11, 10:06 am
Gary R. White Burton & White

Sacramento County has a facilitators office and the court's website has helpful information. Orange County information probably is not as helpful.

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Answered on 10/11/11, 1:20 pm


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