Ending a marriage is never easy, and couples looking for a “quickie” divorce in California will find themselves sorely disappointed. There is no such thing. The quickest a couple can end their marriage in California is six months plus one day from the day one of them effectively serves the other spouse with initial divorce papers.
The actual process to end their marriage is called Summary Dissolution. This process is only available when the following criteria are met:
- You have been married less than five years as of the date you and your spouse separated;
- You and your spouse have no children together that were adopted or born before or during the marriage (and wife is not now pregnant);
- You and your spouse do not own or have an interest in any real estate anywhere. This means a house, condominium, rental property, land, or a one-year lease option to buy property;
- You or your spouse do not owe more than $6,000 total on debts acquired since the date of the marriage (not including car loans);
- The total fair market value of property owned by you and your spouse (not including what you owe on that property, and not including cars you or your spouse acquired during the marriage) is not more than $38,000 total;
- Neither you nor your spouse has separate property (not counting any money owed on the property and not counting any cars) worth more than $38,000;
- You and your spouse agree that neither spouse will ever receive spousal support;
- Both you and your spouse sign the Joint Petition and pay the court filing fees (or get a fee waiver);
- You or your spouse meet the residency requirements for getting a divorce in California; and
- You and your spouse signed an agreement before filing the Joint Petition for Summary Dissolution of Marriage that divides your property and debts.
You must satisfy ALL of the above requirements in order to qualify for a Summary Dissolution of Marriage. In addition, at least one of the parties must meet the jurisdictional and timing requirements that any couple seeking dissolution must meet. In short, one of you must have lived in California for at least 6 months, and the county in which you are filing for at least 3 months.
Keep in mind that you are not officially divorced until you receive the Notice of Entry of Judgment from the Court.
If you meet these requirements, a qualified attorney at JV LAW GROUP can assist you with the process. If you have any questions, please contact us today at (714) 752-3270. We are here to help!
