California Divorce Procedure

calbar.ca.gov, May 10, 2006

HOW QUICKLY CAN I GET A DIVORCE?
A divorce takes at least six months and a day from the date your spouse is served with the Petition for Dissolution. A divorce can be finalized any time after that, but it is not automatic. Most people wait to become divorced until all issues of property, support, and custody are resolved. It is possible, however, to terminate your marriage before deciding these issues, by a process called bifurcation. Bifurcation is a legal means of postponing decisions on certain issues and still proceeding with a divorce.

IS THERE A SIMPLIFIED PROCESS FOR OBTAINING A DIVORCE?
California has a process called Summary Dissolution, which is the simplest procedure for obtaining a divorce. If you and your spouse qualify for a Summary Dissolution, the number of forms you are required to fill out and file with the court will be reduced, and you will not have to appear in court.

To qualify for this procedure, you and your spouse must have a signed agreement covering the division of assets and debts and: 

  • Be married less than five years
  • Have no children
  • Have no interest in real property
  • Have combined debts that do not exceed $5,000
  • Have combined assets of less than $25,000,  excluding cars, deferred compensation, and retirement plans

    You can obtain information and help with this simplified procedure from the Family Law Facilitator of your local court.

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