Find out if you qualify for summary dissolution
A summary dissolution is an easier way to get divorced or end a domestic partnership. It’s less expensive and there’s not as much paperwork as the standard divorce process.
Not everyone can use this process, but if you qualify, it may be a simpler process for you to end your marriage or domestic partnership.
Check that you qualify before starting the process
In general, the summary dissolution process is only for couples who:
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Have been married less than 5 years
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Have no children together
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Own or owe relatively little
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Do not want spousal support
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Agree on how to split any property
To use the process, all of these must be true. If even one isn’t true, you cannot use the summary dissolution process.
You must meet the residency requirement
For all married couples or for domestic partnerships not registered in California
One of you 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 don't want to wait, you can file a legal separation. Then, when you meet the residency requirement, you can change it to a divorce. To do this, follow the standard divorce process.
For domestic partnerships registered in California and some same-sex couples married in California
- If you're in a domestic partnership that was registered in California, you do not need to meet the residency requirement. You can end your partnership in California even if neither of you lives in California at this time.
- Same-sex couples who got married in California, but now live somewhere that will not end their marriage, can file for divorce in California. You must file in the county where you were married.
You have been married or partners for less than 5 years
It’s been less than five years from the date you married or registered your partnership to the day you split up (called your date of separation).
You do not have any children together
- You do not have minor children (under 18) together, born to the two of you (before or during marriage) or adopted
- Neither of you is pregnant
You do not own or lease real estate
You do not own or lease a house, land, or any other building.
Together you owe less than $7,000
This just counts what you owe from when you married to the day you split up. Don't include any car loans in this count.
You have less than $57,000 together and separately
Property from during your marriage (community property)
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The property you and your spouse own together is worth less than $57,000
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Property is things like money (cash or in a bank) and items you own, like furniture
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Do not count the value of any cars
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You can use this worksheet (opens in a new tab) to help you figure this out
Property from before you married (separate property)
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You each have property worth less than $57,000 from before you married or after you separated
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This also includes things you inherited or were a gift to just one of you
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You can use this worksheet (opens in a new tab) to help you figure this out
You both agree to the terms of the divorce
You must both agree:
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That you want to end the marriage or domestic partnership
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That neither of you will ever get spousal support
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How you will split up any property and debts
This means that you will both sign an agreement saying you will not get support and that describes how you want things split (a property agreement).