In 1993 the Legislature of the State of California passed the Domestic Violence Prevention Act. The purpose of the act “are to prevent the recurrence of acts of violence and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence.

The Act gives the courts the power to issue orders protecting an individual from violence and abuse by another with whom they have had some form of a domestic relationship. These orders can include a Protective Order or Restraining Order and can be issued by the court Ex Parte upon application by law enforcement or the victim.

One of the two bases for a Dissolution of Marriage or Legal Separation and the only basis for Summary Dissolution is “Irreconcilable Differences.”

Irreconcilable differences are defined in Cal. Family Code Section 2311 as “those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.”

As the definition suggests, this basis is meant to be applied broadly.  In fact, when you file your initial paperwork with the court, the pleadings do not allow you any opportunity to specify what those irreconcilable differences actually are.

Question: What are the California residency requirements for obtaining a Dissolution of Marriage (aka Divorce) in the California courts?

Answer: The residency requirement is set out in California Family Code Section 2320.  The court may not enter a judgment dissolving the marriage unless

1. at least one of the parties has been a resident of California for six months prior to the filing of the Petition; and
2. that party has also been a resident of the county where the Petition will be filed for the three months just preceding the filing of the Petition.

If these residency requirements are not met PRIOR to the filing of the Petition, then the court will not have the authority to grant the divorce.

The requirements for a Summary Dissolution are given in California Family Code §2400.  These are:

-The court has the authority to end the marriage:

1. At least one party meets the residency requirement.
2. Irreconcilable differences exist between the spouses.
3. Both parties desire that the court dissolve the marriage.

-The parties agree to give up certain rights.

1. Both parties waive any right to spousal support (aka alimony).
2. Once the court enters in the judgment of marital dissolution, both parties waive their right to ask the court for a new trial or to appeal the court’s judgment

-The marriage meets certain criteria

1. At the time the petition is filed, the marriage is not more than 5 years in length.
2. There are no children who are a product of the relationship who were born before or during the marriage or were adopted during the marriage.
3. The wife, to her knowledge, is not pregnant
4. The parties do not have more than $4000 of unpaid debt remaining that was incurred by one or both of them after the date of marriage.  (The only exception is if that unpaid amount is for a debt on a vehicle.)
5. Neither party has any interest in any real property… anywhere.  (The exception is a leased property occupied by either party so long as it doesn’t include an option to purchase and the lease terminates within one year of the date the petition is filed.)

-The parties are informed about the process and the consequences.

1. Both parties have read and understood the summary dissolution brochure provided by the court pursuant to Family Code section 2406.

If you have spent any time looking into California divorce law, you should have come to the conclusion that divorce is a complicated and technical process. However, for those whose marriage meets the criteria, the State has attempted to provide a much easier method. This process is called Summary Dissolution.

Eligibility for Summary Dissolution exists where the marriage or registered domestic partnership has been relatively short, there are no children of the marriage or partnership, there are few community assets and debts, and the parties are willing to waive certain rights they might otherwise have had.

On the plus side, summary dissolution allows couples who have only recently entered into a marriage or registered domestic partnership, don’t have substantial assets and debts and whose lives have only minimally intertwined to get through the dissolution process more easily. The court requires that you file fewer documents, the initial filing fee is shared by both parties, and court appearances are generally not required. In addition, f you file for Summary Dissolution, you are not locked into it. You can always tell the court that you wish to proceed through the normal Marital Dissolution process.

On the negative side, both parties must co-file the petition, which means the parties must be in agreement on all issues including the waiving of certain rights they might otherwise have had. There are also strict limitations on who can qualify, which means many people won’t be eligible.

For those couples who qualify and are willing to work together, a Summary Dissolution can be a cost saving and stress saving alternative to the traditional divorce process.

This information has been furnished in an effort to be helpful to the public.  By using this blog and reading the contents, you acknowledge that you have read our DISCLAIMER.  Please also remember the following:

1. The law changes frequently.  Information in each article is based on the state of the law in California at the time the article was published.  Always double-check.
2. If comments are enabled, please remember that information you include in a comment is public.  It is neither confidential nor privileged.
3. By its nature, the information on this website is general.  It is strongly urged that readers contact an attorney licensed to practice law in the appropriate jurisdiction to answer any questions specific to their situations.