The following laws are the property of California. This is not to be construed as legal advice.

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Residency Requirements:

A spouse filing for dissolution of marriage must have been a resident of the state for 6 months and a resident of the county for 3 months where the dissolution of marriage is filed. In addition, there is a waiting period of 6 months after the service of process or the appearance by the respondent before the dissolution of marriage becomes final. Partners of a "domestic partnership" under California Family Code Section 297 may terminate their partnership by using forms available from any county clerk or the office of the Secretary of State. [Annotated California Code; Sections 297, 298, 2320, and 2339].

Grounds:

No-Fault: Irreconcilable differences which have caused the irremediable breakdown of the marriage. [Annotated California Code; Section 2310].

General: Incurable insanity. [Annotated California Code; Section 2310].

Legal Separation:

The grounds for obtaining a legal separation in California are: (1) irreconcilable differences and (2) incurable insanity. A spouse filing for legal separation must have been a resident of the state for 6 months and a resident of the county for 3 months where the action for legal separation is filed for. [Annotated California Code; Sections 2310 and 2320].

Simplified Divorce

A marriage of 5 years or less may be dissolved by summary action. A Joint Petition for Summary Dissolution of Marriage may be filed if: (1) either spouse has met the residency requirement for a standard dissolution of marriage; (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 $4,000 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 $25,000; (8) neither spouse has separate property (excluding cars and loans) exceeding $25,000 in value [On January 1 of every odd-numbered year, the dollar amounts in this section may be revised]; (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 [maintenance]; (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; and (13) both spouses desire that the marriage be dissolved. Official mandatory and optional forms for filing for a Summary Dissolution of Marriage are available from the County Clerk of any county. [Annotated California Code; Sections 2400 and 2401, and Judicial Council Forms].

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