California Summary Divorce - How do I do it?

So, you understand the benefits of a summary divorce. You and your spouse have consulted with a lawyer, and you meet all the qualifications. You’re ready to get started. Now you just need to know what to do. This guide provides you with a roadmap of what you might expect.

Your first step is to get the Summary Dissolution Information booklet published by the California Courts. This booklet contains all the forms and worksheets you’ll need to file. While you can pick up a paper copy from any California Superior Court, a PDF copy is available online. Follow the link in the Resource Box on the right to get it.

California Summary Divorce Property Settlement Agreement

Once you have reviewed the booklet, you’ll be able to complete the property settlement agreement, which usually contains at least five parts:

• A Preliminary Statement that identifies the husband and wife, states that the marriage is being ended, and states that both husband and wife agree on the details of the agreement.
• A Division of Community Property that defines what the wife receives and what the husband receives.
• A Division of Community Obligations that lists the amount the wife must pay and to whom she must pay it and the amount the husband must pay and to whom he must pay it.
• A Waiver of Spousal Support that states that each spouse gives up all rights of financial support from the other.
• A Date and Signature. Both husband and wife must write the date and sign the agreement.

California Summary Divorce Petition

In addition to the property settlement agreement, you must fill out a Joint Petition for Summary Dissolution of Marriage (see link to form in Resource Box). Both spouses must sign and date this petition.

Note: When signing your joint petition and your property settlement agreement, you are signing these documents under penalty of perjury under the law of the state of California, which is the same as being sworn to testify in court. You may not sign each other's name.

Make three sets of forms that include copies of your property settlement agreement and a copy of your Joint Petition for Summary Dissolution of Marriage. Staple each set together. Bring all of your copies to the superior court clerk's office in the county where you will file. The clerk will stamp the date on all copies, will keep one copy of each document, and will return the other two to you. One is for the husband and one is for the wife.

California Summary Divorce Finalization

Wait for six months.

After the waiting period, if you have decided to go through with the dissolution and neither of you has stopped it by filing the revocation form, fill out a Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment and make two extra copies of the completed form.

Bring all copies of the form to the superior court clerk, along with two preaddressed and stamped envelopes. One envelope must be addressed to you and the other to your spouse.

The clerk will (1) take the document, (2) record it in the court's records, (3) keep one copy, and (4) mail one of the other two copies to you and one to your spouse after it is signed by the judge.

On the day the judge signs your Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment:

• Your marriage is ended.
• The agreements you made in your property settlement agreement are binding. You will then own the property assigned to you, and you will have to pay the bills assigned to you.
• Except for those agreements, you and your spouse have no further obligations to each other.
• You are legally free to remarry.

California Summary Divorce Notes

The filing of the Joint Petition for Summary Dissolution of Marriage must be done by both husband and wife. The filing of the Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment can be done by either husband or wife.

Remember that either of you can stop the process by filling out a Notice of Revocation of Petition for Summary Dissolution and bringing it to the superior court clerk, either during the six-month waiting period or at any time before the other person files a Request for Judgment, Judgment of Dissolution of Marriage, and Notice of Entry of Judgment.