In California, couples wanting to divorce after a short marriage, may be able to do so quickly and easily. No court appearance is required. No lawyer is needed. Just fill out some forms, sign them (both parties), and file them with the court clerk. Then if the paperwork is correct, six months later, the parties are divorced through a process known as summary dissolution of marriage.
Sounds too simple to be true… Well, there are some requirements, and if you and your spouse don’t meet them, you must file for divorce the old-fashioned way – via dissolution of marriage.
To determine whether you and your spouse qualify for a summary dissolution, answer the following questions:
Were you married for less than five years from the date of the marriage to the date of your separation? If no, file for a regular dissolution of marriage. If yes, continue…
Do you and your spouse have children together (either by birth or adoption) before or during the marriage and/or are you expecting a child now? If yes, file for a regular dissolution of marriage. If no, continue…
Do you and/or your spouse own real property (houses, buildings, land, etc.) either together or separately? If yes, file for a regular dissolution of marriage. If not, continue…
Do you or your spouse rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy)? If yes, file for a regular dissolution of marriage. If not, continue…
Not including motor vehicle loans, do you and your spouse have more than $6000.00 in acquired debts since you got married? If yes, file for a regular dissolution of marriage. If not, continue…
Not including your motor vehicles, do you and your spouse have more than $41,000.00 worth of all other property (called personal property) acquired during the marriage? If yes, file for a regular dissolution of marriage. If not, continue…
Do you or your spouse have more than $41,000.00 worth of personal property acquired before your marriage and/or after your separation? If yes, file for a regular dissolution of marriage. If not, continue…
Lastly, have you or your spouse lived in California for the last six months, and further have you or your spouse lived in the county for the last three months where you would file the paperwork for a summary dissolution of marriage.
It is highly recommended that you get legal advice before you attempt to file the paperwork. The website provides recommendations for legal help too.