Divorcing couples are subject to the laws in the state where they reside and these laws vary greatly from state to state. Although describing a specific state's divorce procedures as "quick" is somewhat subjective, there are states that have separate divorce procedures for a summary or simple divorce that takes less time than traditional divorce procedures. A spouse desiring a divorce must review the divorce laws of her state to determine if a quick divorce procedure is available.
Grounds for Divorce
Most states permit no-fault divorce, which allows one spouse to file for divorce based on the ground of irreconcilable differences without having to prove that the other spouse is somehow at fault for the breakdown of the marriage. A few states, such as Maryland and Virginia, still require proving fault for divorce based on grounds that include adultery, desertion or cruelty. Several states have divorce procedures for fault and no-fault divorces. In states with more than one ground for divorce, the length of the divorce process, as well as other aspects of the case, will be affected by which ground is alleged as the reason for the divorce.
Summary Vs. Traditional Divorce
Summary divorce proceedings are quicker than traditional divorce because the procedural rules are simplified. A traditional divorce case will involve the most complicated court procedures in the form of longer paperwork requirements, several mandatory court appearances and longer time standards to resolve case issues. Summary divorce procedures will require less paperwork and in some states, such as California, can be concluded without any court appearances.
Qualifying for Summary Divorce
Although each state that offers some form of summary divorce with varying requirements, one element essential to any summary divorce proceeding is the cooperation of the divorcing couple in pursuing the divorce. If there is a dispute between the couple regarding any aspect of the divorce that requires the court to decide the issue, only the traditional divorce procedures can be used. In addition to the couple's cooperation, the eligibility requirements for summary divorce procedures generally require that the marriage be short in duration, there are no children from the marriage, the couple does not own real property and the total value of the marital property is less than a certain amount, typically between $25,000 and $35,000 excluding vehicles. Also, both spouses must waive spousal support.
Property Settlement Agreement
An essential element in any summary divorce procedure is a written property settlement agreement between the divorcing couple. This agreement is used to resolve all issues regarding division of the marital property. Some courts provide guidance for couples wanting to handle the summary divorce themselves, such as in California where the state's Judicial Council provides a form agreement that can be used as a guide in summary divorce cases.
Court Approval
All divorce cases, including summary divorce cases, require court approval; however whether the divorcing couple must appear before a judge depends on each state's laws. For example, in California, after filing the appropriate paperwork with the court clerk to start the divorce, a six-month waiting period must elapse and then the final paperwork for a divorce judgment can be filed--no appearance before a judge is necessary. Conversely, in Illinois, a summary dissolution can only be obtained if both spouses appear before a judge.
References
- Minnesota Lawyers: Fault Versus No Fault Divorce
- FindLaw: Eligibility for "Summary" Divorce/Dissolution
- California Courts: Do You Qualify for a Summary Dissolution?
- FindLaw: Settlement Agreements and Court Approval
- Illinois Legal Aid: Can I Get a Simplified Divorce Without My Spouse Coming to Court?
