Divorce Requirements in California

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Summary DissolutionLegal SeparationRegular DissolutionAnnulment
Residency (CCP Section 395)One of the parties must have lived in California for at least 6 months.Case can be filed in any county in which the Petitioner or Respondent resides. No residency time requirement.One of the parties must have lived in California for at least 6 months.One of the parties must have lived in California for at least 6 months.
CourtOne of the parties must have lived in the County when you file for at least 3 months just prior to filingSameSameSame
Knowledge and ServiceBoth spouses have read and understood the Summary Dissolution Booklet. Since the parties file “jointly”, there is no service requirement.The filing party must serve the other party with the Summons and Petition to establish jurisdiction.The filing party must serve the other party with the Summons and Petition to establish jurisdiction.The filing party must serve the other party with the Summons and Petition to establish jurisdiction.
Filing PartyBoth parties must be willing to sign the Petition (this proceeding is filed jointly).Either spouse can file without the approval or permission of the other party.Either spouse can file without the approval or permission of the other party.Either spouse can file without the approval or permission of the other party.
ChildrenYou have no minor childrenNo restrictionsNo restrictionsNo restrictions
PregnancyWife is currently not pregnantNo restrictionsNo restrictionsNo restrictions
Real PropertyNeither spouse has any interest in real estate anywhere in the world.No restrictionsNo restrictionsNo restrictions
Community DebtYou and your spouse owe less than $6,000 in community debts (excluding car loans).No restrictionsNo restrictionsNo restrictions
Community AssetsYou and your spouse own less than $40,000 in community assets (not including car values).No restrictionsNo restrictionsNo restrictions
Separate PropertyNeither spouse owns over $40,000 in separate property (not including cars).No restrictionsNo restrictionsNo restrictions
JudgementA Request for Entry of Final Judgment can be submitted by either party after 6 months from the date of filing. Either party can unilaterally request Dismissal of the case prior to entry of a Final Judgment.In an uncontested matter, an entry of Judgment can be submitted 31 days after service on the other party. Judgment can be entered immediately. After Judgment, the parties are still able to retain certain “marriage” benefits which would otherwise be lost in a full divorce. There is NO TERMINATION OF MARRIAGE DATE.In an uncontested matter, an entry of Judgment can be submitted 31 days after service on the other party. Judgment can be entered immediately. However, neither party can remarry until after the termination of marriage date (min. 6 months and 1 day after date of service).In an uncontested matter, an entry of Judgment can be submitted 31 days after service on the other party. A hearing is held and Judgment can be entered immediately, at which time, if granted, the parties are immediately restored to “single” status.

 

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