What You Need to Know About How to Get a California Divorce in 1 Day
California law holds that a dissolution of marriage cannot be final until at least 6-months have passed. Here’s everything you need to know about getting a California divorce in 1 day.
A judgment for a divorce does not become final until six months have expired from a certain date. This is a mandatory waiting period required by California law. However, some California counties have programs to simplify and shorten the divorce process.
California Law and Public Policy on Marriage
California Family Code 2339 says that a divorce may not be finalized until 6 months after the date of service of a copy of the summons and petition or the date of appearance of the respondent, whichever occurs first. The courts also have the authority to extend the waiting period if need be. The law mandates a 6-month waiting period in the spirit of preserving marriages for the sake of what they describe as a prerequisite of an organized society.
Related: 6-Month Waiting Period for Divorce in California
Options for a Quicker, and Simpler Divorce
One Day Divorce Programs
A few California counties have “One Day Divorce Programs” which help litigants with filed divorce cases get a final judgment. These programs were created for parties with little or no matters in dispute in the divorce case. The program is also for those who want a quick divorce judgment.
One Day Divorce Programs may be an attractive option for some people who wish to avoid the cost and time of a traditional dissolution. Courts have upheld and even created one-day divorce programs as a way to minimize county costs as well.
Generally, these county One Day Divorce programs have eligibility requirements. This includes having filed for divorce in court. The summons and petition must have been served on the respondent, a Proof of Service or a Response must have been filed with the court, and usually, the spouses must have reached an agreement on all orders that would be included in the judgment.
It should be noted that one-day divorce programs may not be suitable for spouses with significant assets. The purpose of the one-day divorce programs is to save spouses’ time and energy of a sometimes lengthy dissolution court process. The programs are meant for those who can quickly come to agreements on property division and the like. Parties who successfully complete the process can go before a judge on the same day and receive a final judgment of Dissolution of Marriage. This does not mean that the marriage is officially terminated. Remember, California has a 6-month mandatory waiting period for divorce. California Family Code 2340 allows a judgment on a divorce case to specify the date on which the judgment will become “finally effective for the purpose of terminating the marriage” of a couple.
This means that the one-day service program speeds up the divorce process by limiting it to a one-day affair, but does not actually result in an effective termination of the divorce until the date of the final judgment.
Summary Dissolutions
Summary dissolutions are quicker and easier ways for a married couple to get a divorce. Couples must meet the following requirements in order to be eligible to file for a summary dissolution:
- Must have been married for less than 5 years
- Have no children together, or adopted before or during the marriage
- Does not own any land or buildings
- Does not rent any land or buildings (with the exception of where the couple currently lives)
- Does not owe more than $6,000 in debts acquired during the marriage
- Have less than $45,000 worth of property acquired during the marriage (with the exemption of cars)
- Does not have separate property (property acquired before marriage, or gifts and inheritances) worth more than $45,000
- Agree that either spouse will never get spousal support
- Have signed this agreement that divides the spouse’s property and debts, and
- One of the spouses must have lived in California for the last 6 months, and 3 months in the county where the summary dissolution is being processed.
Related: Summary Dissolution of Marriage in California
Contact Us
If you have any more questions about whether or not you can get a California divorce in 1 day, contact us. Get your free consultation with one of our experienced California Divorce Attorneys today!