Isn't there any easy way to divorce in California?

Many California divorce clients ask if there is an easier way to get a divorce. And the answer is that it depends. Some individuals meet the requirements for a Summary dissolution. The barebones requirements are that you have been married less than 5 years without children and have limited debts and assets.  

The Self Help Section of the California Court's provide the following checklist (See the Courts Page for more info):

DO YOU QUALIFY FOR A SUMMARY DISSOLUTION?

To qualify for a summary dissolution of your marriage you must meet ALL of the following requirements.

You and your spouse:

• Have been married for less than 5 years (from the date you got married to the date you separated);

• Have no children together born or adopted before or during the marriage (and you are not expecting a new child now);

• Do not own any part of land or buildings;

• Do not 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);

• Do not owe more than $6,000 for debts acquired since the date you got married (called "community obligations");

  • Do not count car loans.

  • Click for a worksheet to help you figure your debt.

  • Click for a sample with instructions for the worksheet.

• Have less than $40,000 worth of property acquired during the marriage (called "community property");

  • Do not count your cars.

  • Click for a worksheet to help you figure the value of your property.

  • Click for a sample with instructions for the worksheet.

• Do not have separate property worth more than $40,000;

  • Do not count your cars.

  • Click here for a worksheet to help you figure the value of your separate property.

  • Click for a sample with instructions for the worksheet.

• Agree that neither spouse will ever get spousal support; AND

• Have signed an agreement that divides your property (including your cars) and debts.

  • Click to see a fillable property agreement.

  • Click to see a sample agreement with instructions.

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 dissolution for the last 3 months. If you do not meet the residency requirement, you can still file for a legal separation but you have to go through the regular legal separation process, or wait until you meet the residency requirements for a divorce.

See http://www.courts.ca.gov/1241.htm for more info.