Summary dissolution is a shorter and easier way. But not everybody can use it. Briefly, a summary dissolution is possible for couples who:

1.         Have been married five years or less;

2.         There is an irremediable breakdown of the marriage due to irreconcilable differences;

3.         There are no children born of or adopted during the marriage;

4.         The wife is not pregnant;

5.         Neither spouse owns any real estate;

6.         There are no unpaid debts exceeding $6,000 incurred during the marriage;

7.         The total value of the community property (including any deferred compensation or retirement plans but excluding cars and loans) is less than $36,000;

8.         Neither spouse has separate property (excluding cars and loans) exceeding $36,000 in value;

9.         The spouses have signed an agreement regarding the division of their assets and the assumption of their liabilities and have signed any documents or given proof of any transfers necessary to effectuate the agreement;

10.     The spouses waive any rights to spousal support;

11.     The spouses waive their right to appeal the dissolution of marriage and their right to a new trial upon entry of the final dissolution of marriage judgment;

12.     The spouses have read and understand the summary dissolution of marriage brochure available from the county clerk;

13.     Both spouses desire that the marriage be dissolved;

14.     Residency Requirements

To file for divorce in California, either you or your spouse must have lived in:

1)         California for the last 6 months, AND

2)         The county where you plan to file the divorce for the last 3 months.

If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.