California Summary Divorce - a Quick and Easy Solution

There is a quick, easy way to get divorced in California called a "summary divorce." For many couples it’s the best option, saving both parties time and money. You won't have to talk to a judge, and you may not need to hire a lawyer. The process only requires you to fill and file a few forms. This series of guides describes the summary divorce process.

Let’s begin with a simple word of caution. You should keep in mind that divorce, even summary divorce, should be considered carefully before taking action. Talk to a lawyer first. It’s in your best interest, and it can save you time and money in the long run. Ok. Let’s get started.

What is a California Summary Divorce?

In California there are two ways of getting a divorce. The usual way, called a regular divorce, requires several steps, multiple forms and a court hearing. Summary divorce is a shorter and easier way. But not everybody can use it. Briefly, a summary divorce is possible for couples who,

• Have no children together.
• Have been married five years or less.
• Don't own very much.
• Don't want spousal support from each other.
• Have no disagreements about how their belongings and their debts are going to be divided up once they are no longer married to each other.

A more complete set of requirements is detailed in the guide California Summary Divorce - Do I Qualify.

How does a California Summary Divorce Work?

For a summary divorce, you prepare Joint Petition for Summary Dissolution of Marriage which is available from any California Superior Court. You must also complete a property settlement agreement. The Summary Dissolution Information link in the Resource Box at the right will take you to a set of instructions, worksheets and samples.

The completed petition and property settlement agreement are then filed with the Superior Court clerk in your county. After a six-month waiting period you may apply for and receive a final divorce. If you should change your mind at any point during those six months, you can stop the process through the court. If you fail to complete the procedure either by revoking it or obtaining a final divorce, the court may dismiss the case to clear its records.

Can Domestic Partners use the California Summary Divorce Process?

Domestic partners who want to end their relationship in California can use either a regular divorce or a special summary divorce for domestic partners. The California Secretary of State prepares the forms for summary divorce of a domestic partnership. You can reach the California Secretary of State by following the link in the Resource Box at the right.

California Summary Divorce and your Immigration Status

If you are an alien who became a lawful permanent resident on the basis of your marriage to a U.S. citizen or to a lawful permanent resident, obtaining a divorce within two years of your marriage may lead to your deportation. You should consult a lawyer before obtaining a divorce.