California Summary Divorce - Why you should Consult an Attorney

Must you have a lawyer to use the summary dissolution procedure? No. You and your spouse can complete the process by yourselves. But it would be wise to see a lawyer before you decide to do it yourselves. You should not rely on this guide or the information booklets produced by the court. They do no provide the legal advice.

If you want legal advice, does that mean you have to hire a lawyer?

No. You may hire a lawyer, of course, but you can also just visit a lawyer once or twice for advice on how to carry out the dissolution proceeding. Don't be afraid to ask the lawyer in advance what fee will be charged. It may be surprisingly inexpensive to have a lawyer handle your divorce.

Do you have to accept your lawyer's advice?

NO, you don't. And if you are not pleased with what one lawyer advises, you can feel free to go to another one.

How can a lawyer help you with the summary dissolution procedure?

First, a lawyer can advise you, on the basis of your personal situation, whether you ought to use the regular dissolution procedure rather than the summary dissolution procedure.

Second, a lawyer can read your property settlement agreement to help you figure out if you've thought of everything you should have. (It is easy to forget things you don't see very often, such as savings bonds and safe deposit boxes.)

Third, there are many situations in which it is not easy to figure out what should count as community property and what should count as separate property. Suppose one of you had money before the marriage and put it into a bank account in both of your names and then both of you used money from that account. It may not be easy to decide how the money remaining in that account should be divided. A lawyer can advise you on how to make these decisions.

Fourth, there may be special situations in which your property settlement is not clear.

A lawyer can help you put the agreement in words that are legally precise and cannot be challenged or misinterpreted later.