Legal Question in Family Law in California

Self-represented divorce

I am a military member(home of record is South Dakota) living in California for over 14 months, my husband is retired military living in Vicenza, Italy (home of record is Georgia). We have 1 son, age 13 who resides with me. Is it possible for me to do the paperwork work for an uncontested divorce and file it myself or do I have to go through an atorney? If I can do it myself, where can I find a copy of the paperwork I need?


Asked on 9/30/03, 11:47 am

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Self-represented divorce

There is a saying that a person who represents themselves in a legal proceding, has a fool for a client. That does not necessarily mean that you cannot procede on your own, but that sometimes, even an attorney who represents themselves in such matters, may not see the forest for the trees. (Just too close to see the pitfalls) Based on information provided, I would certainly recommend you contact counsel for help. Otherwise, forms can be found at your county court house or even on the web.

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Answered on 9/30/03, 12:00 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Self-represented divorce

You can do this yourself, but you run a good chance of making a real mistake. You have two retirement plans that you must deal with, your and his. You will need a Qualified Domestic Relations Order for each of those. I have never known anything other than an attorney preparing the order.

Good Luck, Pat McCrary

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Answered on 9/30/03, 1:03 pm


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