California Summary Divorce - Do I Qualify?

The California Summary Divorce process is intended to benefit both the divorcing couple and the court. It’s a way of resolving simple divorce matters in a simple way. It’s quick, easy and inexpensive. Before you choose this process though, you should be aware of some key differences between a regular divorce and a summary divorce.

With a regular divorce, the husband or wife can ask for a court hearing or trial. If either spouse is unhappy with the judge's final decision, it is possible to challenge that decision. This can be done, for example, by asking for a new trial. It is also possible to appeal the decision by taking the case to a higher court.

With a summary divorce, there is neither trial nor hearing, and, because there no hearing is held, couples who choose this method of divorce have neither the right to a new trial nor the right to appeal the case to a higher court.

If after understanding these key differences you are still interested in Summary Divorce, you need to see if you meet California’s requirements.

Do I Qualify for a California Summary Divorce?

To qualify for a summary divorce you must meet all the following requirements:

• You have been married or been registered domestic partners less than 5 years on the date you file your Joint Petition for Summary Divorce of Marriage or Notice of Termination of Domestic Partnership with the Secretary of State.
• You have no children together that were adopted or born before or during the marriage or partnership (and neither of us are pregnant now).
• You do not own or have an interest in any real estate (house, condominium, rental property, land, or a 1-year lease or option to buy).
• You do not owe more than $6,000 for debts acquired since the date of your marriage or registration of your domestic partnership (do not count auto loans).
• You have less than $38,000 worth of property acquired during the marriage or domestic partnership (do not count your cars).
• You do not have separate property worth more than $38,000 (do not count money you owe on the property or auto loans).
• You agree that neither spouse nor domestic partner will ever get spousal or domestic partner support.

In addition, if you are married, either you or your spouse must have lived in California for the last 6 months and in the county where you file for summary divorce for the last 3 months.