Divorce is many things: “simple” is not the first word that comes to mind. However, in California, a framework exists that allows parties with minimal assets AND minimal debts. Both people need a mutual desire to get divorced the ability to finalize everything without “going to court” having a hearing with both sides needing to appear. This is a great option when money is tight and you somehow got lucky enough that you and your spouse can agree on at least one thing… that you prefer not being with each other. However, there are set requirements that must be met to qualify for this type of dissolution proceeding.
So, how can you get a divorce without going to court?
The process is called Summary Dissolution. The requirements for this process are on form FL-810, titled “Summary Dissolution Information.” For readers wanting to know more, the main requirements are as follows:
- Have no minor children together.
- Have been married less than 5 years.
- Nobody is pregnant.
- No adopted children under 18 years of age.
- Nobody owns any land or buildings.
- Total community property is $53,000 or less (cars don’t count toward this total).
- Neither party has more than $53,000 separate property individually (cars not counted in this total).
- Total community obligations (loans, debts, outstanding balances, etc.) are $7,000.00 or less.
Parties must also exchange financial information before submitting the initial Joint Petition (FL-800). If all the FL-810 requirements are met, then both parties need to sign the Joint Petition. This swears under penalty of perjury, everybody followed the necessary steps in order to initiate the proceedings.
California time frame for divorce without going to court
Keep in mind the fastest anyone can get divorced in California is 6 months. So, once you submit the joint petition and any other necessary initial paperwork for the summary dissolution, the divorce can be finalized as soon as six months from the date of filing the Joint Petition. Lastly, and arguably most importantly, any party can stop these proceedings during the 6-month holding period and initiate the standard divorce proceedings, triggering the court proceedings. However, if you meet these requirements and no body gets cold feet during the 6 month waiting period, you and your now ex-spouse after those 6 months are divorced without either of you having to “go to court” and with the added benefit of not having to worry about paying attorney’s fees.
Summary Dissolution proceedings are technical, with a set framework that must be followed. If you need help with how to proceed, please click here to schedule an initial consultation or call us at (833) 931-1615!