It's Over Easy Online Divorce

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It's Over Easy Online Uncontested Divorce

Services What You Get Cost
AttorneysHigh conflict done-for-you service$15,000 +
It's Over EasyGuided online experience, spousal negotiation tools, premium phone & email support$750 – $2,500
Online CompetitorsDo-it-yourself divorce form filler services~$150
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How Divorce Works In California

California's "no-fault" divorce law does not require spouses to agree to divorce or grounds for dissolution in order to end the marriage. One spouse can file for divorce even if the other person wants to remain married. The person who does not want to divorce cannot refuse to participate in the legal divorce proceedings. The spouse who does want the divorce can choose to find an attorney to represent him or her, or they can file an online divorce.

If your partner attempts to stop the traditional or online divorce, they will be unsuccessful and you can still receive a "default" judgement, which will allow the divorce to successfully be granted by California courts.

In California, the person who initiates the divorce is known as the "Petitioner". Their spouse is known as the "Respondent". There is no benefit or advantage in either of these roles - both are viewed as equal in the eyes of the court.

California is a Community Property State

California divorce statutes adhere to marital community property laws. This mandates that couples complete financial disclosures and divide their assets equally in half, regardless of how long they are married, how many children they have, or how much money, income or expenses either person has. Assets are comprised of all property acquired by either person during the course of the marriage, including, but not limited to money, investments, and real estate. In addition, any debt – such as car loans, credit cards, mortgages – that the couple acquires during the marriage is also shared between the two people and defined as “community debt.” The marital settlement agreement outlines the property each spouse will retain after the divorce proceedings.

California's "Cooling Off" Period

In California, the divorce process cannot be finalized in less than 6 months because of the mandatory "cooling off" period. The 6 month period begins the date Petitioner starts the court filing process and serves the petition for divorce forms to the Respondent. Thus, the court will not issue a divorce decree until the end of the 6 month waiting period.

California "No-Fault" Divorce

California is a “no-fault” divorce state, which means that the grounds for filing a divorce has no effect on the divorce proceedings or outcome. "Irreconcilable differences" – or the inability to agree on most things or on important things – is a sufficient reason to file for uncontested divorce in California. Therefore, a judge will not take into account either spouse's behavior or perceived "marital misconduct" during the marriage when reviewing the couple's circumstances and issuing the final divorce decree.

California Residency Requirements

California divorce guidelines requires that at least one person in the marriage has been a resident of the state for a minimum of six (6) months before filing a divorce. In addition, one person has to live in the court filing county for a minimum of three (3) months.  For example, if one spouse has lived in California for seven (7) months, and the county of Los Angeles for four (4) months, they can file for divorce in LA county. 

California Filing Fees

Both spouses are required to pay court filing fees when submitting their legal divorce forms in California. The Petitioner (spouse who starts the divorce) pays a court filing fee of $435 for the divorce petition. The Respondent (spouse responding to the divorce) pays a filing fee of $435 for the response to the petition forms. A couple may also pay additional court fees depending on the filing county. Depending on your financial situation, you or your spouse may be eligible for a filing fee waiver.

California Child Support

In California, children are considered minors until the age of 18 and child support is payable until that age. The California divorce process also uses several guideline factors to calculate the child support amount. These may differ based on the county, but are typically determined by:

  • The number of children,
  • Both spouse’s income,
  • Tax status,
  • The amount of time each parent spends with each child, as outlined in the child visitation and co-parenting plan outlined in the marital settlement agreement.

California Co-Parenting Plans

For couples with kids, one of the most important aspects of your divorce is how your kids will spend time with you and your co-parent. An effective method to negotiate your child's schedule with your spouse is to create a Co-Parenting Plan as part of the marital divorce settlement agreement.  When planning a co-parenting schedule for your children, you and your spouse will need to agree on whether you will share equal physical custody (50/50 split) or another shared percentage (70/30), wherein the kids spend more time with one parent than another.  Visit www.custodyexchange.com for examples of common co-parenting schedules.

California Child Custody

There are two types of child custody: physical and legal. Physical custody details where the child will be on each day of the week, such as school, day care, sports and extracurricular activities. Legal custody outlines how  major decisions will be made that affect the child's welfare, such as decisions on healthcare, education and religion. 

California Alimony & Spousal Support

Alimony – sometimes called spousal support – is the money that one spouse is legally required to pay the other following a divorce. Alimony and child support are two separate payments, and one does not affect the other. California divorce guideline determines alimony and child support independently of each other. However, California courts also take into consideration if one parent  is unable or less able to seek work outside the home because they have primary responsibility of caring for the children. The alimony payments could be increased in this instance, to compensate for one spouse's decreased earning ability.

California Divorce Forms

California Divorce Courts & Locations

Online Divorce Info on Other States

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California Divorce & Coronavirus

California county courts are currently open and operational subject to health precautions. These precautions include limiting who is allowed in the courtroom, mandatory face coverings, and continuances (postponements) for certain matters. While you can still finalize your divorce in Superior Court, Family Court trials for property, custody, and support disputes are currently delayed. The procedures are subject to change, so visit https://www.courts.ca.gov and the court Covid-19 newsroom for the most up-to-date information. If you opt to work with an online divorce provider like It’s Over Easy, your divorce will likely be unaffected by COVID-19.