29 July 2025
Divorce is one of the most life-altering decisions a person can make, and the legal process can be complex—especially in California. If you’re considering or going through a divorce in San Diego, you may be asking: Do I really need a lawyer? The answer depends on your situation, but in most cases, legal guidance can make a significant difference in the outcome.
At Enright Family Law, we work with modern families navigating changing definitions of marriage, parenting, and separation. We believe in empowering individuals with the knowledge and tools to protect their rights and future, especially when facing emotionally charged legal decisions like divorce.
Can You Get Divorced Without a Lawyer in California?
Yes, technically, you can file for divorce without an attorney in California. This is known as pro se representation, and it’s legally allowed. California even offers self-help resources and court forms that enable individuals to file and manage a divorce case on their own.
However, just because it’s possible doesn’t mean it’s ideal. The process may seem straightforward at first glance, but it quickly becomes complicated when issues like property division, spousal support, child custody, or debt responsibility come into play.
When Might You Not Need a Lawyer?
There are rare cases where an attorney may not be necessary. For example:
- You and your spouse have no shared property or children
- Both parties agree on all terms (uncontested divorce)
- You’ve only been married a short time
- Neither party is seeking spousal support
- You’ve already signed a binding prenuptial agreement that outlines asset division
Even in these situations, it’s wise to consult an attorney before filing, if only for a one-time review. A quick legal consultation can ensure your rights aren’t being overlooked and that your agreement is legally enforceable.
When You Absolutely Should Have a Divorce Lawyer
Most divorce cases involve some level of conflict, confusion, or complexity. If any of the following apply to your situation, hiring an experienced divorce attorney is strongly recommended:
1. Disagreements About Property or Finances
California is a community property state, meaning assets and debts acquired during the marriage are generally split 50/50. But what happens when there’s a business involved, retirement accounts, real estate, or commingled assets? A lawyer can help properly classify property and advocate for fair division.
2. Child Custody and Support Disputes
If children are involved, the court will make decisions based on the best interests of the child. But defining what’s “best” is not always easy, especially when both parents have differing opinions. An attorney helps ensure parenting plans, visitation, and child support are determined fairly and legally.
3. Spousal Support (Alimony) Concerns
Whether you’re seeking or contesting spousal support, a lawyer will help present financial information clearly and advocate for fair calculations. The amount and duration of alimony are influenced by many factors, including the length of the marriage, earning capacity, and lifestyle.
4. Power Imbalances or Domestic Abuse
If one spouse is more financially or emotionally dominant—or if there’s a history of abuse—legal representation is crucial to ensuring a balanced and just outcome. A lawyer can also assist with protective orders and ensure your safety is prioritized.
5. High-Conflict Divorce
When communication breaks down, or there’s tension and mistrust, a lawyer becomes your advocate—someone who handles legal issues so you don’t have to directly negotiate with your ex-spouse.
6. Complex or High-Value Assets
Divorces involving multiple properties, family businesses, investment portfolios, or inherited assets can get complicated. A skilled divorce lawyer works with financial experts to ensure everything is accounted for and valued appropriately.
The Risks of Going Through Divorce Without Legal Help
Without a lawyer, you risk:
- Signing an unfair or unenforceable agreement
- Overlooking key rights and obligations
- Misunderstanding California’s divorce laws and deadlines
- Losing valuable assets due to incorrect paperwork or poor negotiation
- Failing to protect your parental rights
- Delaying your case due to procedural mistakes
Even if your divorce seems simple, the legal process is filled with details that can significantly impact your financial and emotional future.
What a Divorce Lawyer Actually Does
Hiring a divorce lawyer doesn’t necessarily mean you’re going to court or looking for a fight. In fact, many lawyers—including our team at Enright Family Law—specialize in amicable solutions such as mediation and collaborative divorce, helping couples reach agreements without the stress of litigation.
A good divorce attorney will:
- Provide legal advice tailored to your goals
- Draft and review legal documents
- Negotiate on your behalf
- Help you understand your rights and obligations
- Represent you in court, if needed
- Ensure all filings are complete, accurate, and timely
An experienced attorney also brings emotional distance to a deeply personal situation, which can be invaluable when tensions run high.
Why Choosing the Right Attorney Matters
Not all attorneys are the same. The right lawyer will not only understand the law but also understand your unique needs. At Enright Family Law, we embrace the evolving nature of modern families and relationships. We work with clients from all walks of life, including blended families, LGBTQ+ parents, unmarried partners, and co-parenting arrangements.
We believe in a thoughtful, compassionate approach—protecting your interests without unnecessary conflict. Whether you need a strong advocate in court or a strategic negotiator at the mediation table, our team is here to help.
How We Can Help
At Enright Family Law, we understand that no two families—and no two divorces—are the same. If you’re navigating a divorce in San Diego, we’re here to provide the support, strategy, and legal insight you need. From filing the paperwork to protecting your parental rights and securing a fair settlement, our team is committed to helping you transition into your next chapter with confidence.
Divorce doesn’t have to be a battle—but you do need a trusted guide. Contact us today for a consultation and discover how we can help you move forward with clarity and strength.
