Am I Eligible for Summary Divorce in California?

Summary dissolution, or summary divorce, can offer a simpler and quicker route to divorce in the state of California. Many California natives who are interested in divorce are unaware that summary divorce is an option, and they might miss their chance to take advantage of this quick divorce solution if they are eligible. If you are interested in filing for divorce in California, then you should know the eligibility requirements for summary divorce for you and your spouse.

Who Can File for Summary Divorce?

The summary divorce procedure is available to married couples and domestic partners. To qualify, you will have to meet all of the following requirements when you file your summary divorce petition:

  • Either you or your spouse/domestic partner has lived in California for the last six months and in the state county where you filed the petition for the last three months.
  • Both you and your spouse agree to end the marriage or domestic partnership because of implacable differences.
  • You do not have any minor children together and you are not expecting any children together (or one of you is not currently pregnant).
  • The marriage or domestic partnership lasted five years or less. This counts from the date you were married or registered as domestic partners to the date of separation.
  • Neither of you owns any real property, such as land or buildings. You can have a lease but only if it doesn’t have the option to purchase, and it must end within one year from the date you file your summary divorce petition.
  • Neither of you has accumulated more than $6,000 in debt since the beginning of your marriage or domestic partnership (this excludes car payments).
  • You have $38,000 or less in community property (this property is all assets and debts collected during marriage).
  • Neither of you has $38,000 in separate property (this property includes anything you owned before or after your marriage or domestic partnership registration).
  • You both have completed and signed a property settlement agreement which divides your community property.
  • You both agree to waive any rights to spousal support and your rights to appeal once the court enters your summary divorce.

If you would like more information on your qualifications for California summary divorce, or you would like to know how to file for summary divorce, contact our San Diego divorce attorneys for an initial consultation.