What are the grounds and residency requirements to file for an uncontested or "no-fault" divorce in California?
Requirements to Use the California Divorce
- At least one of the parties has maintained residency in California for at least the previous 6 months, is a resident of the county of filing, and has maintained residency in that county for at least the 90 days prior to filing.
- The parties agree on all details, or at least make no objections.
- A Marital Settlement Agreement (MSA) signed by both parties and filed in court may be used in any divorce, and is recommended in situations involving minor children, child support, alimony, or division of marital property.
- If there are minor children the subject of this divorce action, the parties may use a Parenting Plan to show the Court the parties' agreement on decision and residential responsibilities, school attendance, communication, information sharing and access, etc.
- If your spouse is actively serving in the military, his or her current address must be known and provided to the court.
Requirements to Use the California Summary Divorce
- No children were born to the parties (together) before or during the marriage. Any children adopted by the parties are now at least 18 years old. The Wife is not pregnant.
- Neither of the parties owns any part of any real estate.
- The parties will have been married for less than five (5) years at time of filing.
- Neither of the parties has separate assets totaling more than $38,000.
- The parties together have community property totaling less than $38,000.
- The parties together have community liabilities totaling less than $6,000.
- The parties agree to share financial documents showing all assets and debts.
- The parties will prepare, sign, and file a Marital Settlement Agreement (MSA). The MSA will describe to the Court how the parties have agreed to divide their possessions and debts or will declare that there is no community property or obligations.
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