Filing for a Summary Divorce in the State of California
For those eligible, summary divorces can provide a faster and easier divorce process. Here’s how to file for summary divorce in California.
Filing for a summary divorce in California requires preparation and specific action steps. In California, filing for a summary divorce does not require a court hearing, thus simplifying the process.
What is a summary divorce?
A summary divorce is a simpler and quicker way of legally terminating a marriage. Unlike traditional divorce processes, summary divorces usually involve a short-term marriage (five years or less), no children, and few assets. One benefit of having a summary divorce includes the divorce process involving significantly less paperwork pertaining to any written agreements or court filings. Further, more time can be saved because most cases do not involve early resolution pertaining to property division. Thus, there is less of a need for negotiations. Moreover, even more time can be saved as California summary divorces do not require court hearings.
Related: Summary Dissolution of Marriage in California
Who is eligible for a summary divorce in California?
In California, not every married party is eligible for a summary dissolution. Certain requirements must be met, some of which include:
- Both spouses have been residents of the State of California for a minimum of six months. Additionally, they must be residents in the particular county where they file for the summary divorce for a minimum of three months
- Both spouses claim “irreconcilable differences” to be the reason for the desire to terminate the marriage
- The couple does not have any children under the age of 18 (or minor children)
- A spouse is not pregnant with a child
- Both spouses have been married or in a domestic partnership for less than a five year period
- Aside from the current shared residence, neither spouse rents any property
- The spouses do not have any existing debts of more than $6000
- The spouses do not have marital or separate assets worth more than $45,000 (excluding cars)
- Both spouses have signed a settlement agreement (necessary for dividing assets and debts)
- Neither spouse seeks alimony and both spouses have read the summary dissolution information booklet
Spouses can complete a summary dissolution without the help of a lawyer, however, like in traditional divorces, attorneys are often helpful.
Related: Marriage Dissolution vs. Divorce in California
How to File for Summary Divorce in California
When filing for a summary divorce in California, spouses first need to prepare summary dissolution papers. According to Family Code § 2401, the couple then needs to file a joint petition. This petition will state the mailing address of each party, whether a spouse wants to go back to their former last name (in which case the spouse needs to state the name he or she wants), and that both parties meet the necessary requirements to have a summary dissolution. Moreover, both spouses are required to sign this petition and complete and exchange documents regarding their property, expenses, income. Such documents include:
- A disclosure declaration
- Tax returns (last two years)
- A declaration of property
- Written proposal about investments or companies each spouse will own post-divorce; these must have been present during the marriage according to Cal. Fam. Code § 2100
Next, spouses need to complete a settlement agreement and pay a filing fee. Fee waivers are requestable from courts. The spouses then have to give the petition and documents to the county clerk. In California, court hearings are not required for summary dissolution proceedings. Courts will do one of two things: give a judgment of the dissolution while spouses file their petition or give a judgment at a later date via mail.
Contact Us
If you are seeking to file for a summary divorce in California, contact us. Get your free consultation with one of our experienced divorce attorneys today!