--- title: "Short-Term Marriage Divorce in California: Lawyer or DIY?" description: "Married a few years, no kids, and ready to move on? California gives short-term couples three distinct divorce paths — summary dissolution, the new SB 1427 joint petition, and standard uncontested filing — each with its own eligibility rules, forms, and six-month clock. Here's how to pick the right one and avoid the mistakes that get filings rejected..." url: https://thecompletedivorce.com/short-term-marriage-divorce-california/ date: 2026-07-27 modified: 2026-07-27 author: "Dina Haddad" image: https://thecompletedivorce.com/wp-content/uploads/2026/07/What-is-a-Short-Term-Marriage-in-California.webp categories: ["Contested divorce"] type: post lang: en --- # Short-Term Marriage Divorce in California: Lawyer or DIY? Contents - [ What Is a Short-Term Marriage in California? ](#What%20Is%20a%20Short-Term%20Marriage%20in%20California?) - [ Summary Dissolution ](#Summary%20Dissolution) - [ Standard Uncontested Dissolution ](#Standard%20Uncontested%20Dissolution) - [ Common Mistakes ](#Common%20Mistakes) - [ Get Professional Support ](#Get%20Professional%20Support) - [ FAQ ](#FAQ) Online Divorce Divorce smartly without a lawyer. Save yourself $10,000+. [ Start My Divorce ](https://buy.stripe.com/bJe8wO4Inbryg8y2Ar3ZK01) - 100% Legit Divorce Program # Divorce After a Short-Term Marriage in California: Do You Need to Lawyered Up? Dina Haddad Founder & Attorney Mediator [ Facebook ](https://www.facebook.com/thecompletedivorce/) [ Linkedin ](https://www.linkedin.com/in/dinahaddad/) [ X-twitter ](https://twitter.com/MediatorDina) [ Youtube ](https://www.youtube.com/@divorcewithdina) [ Tiktok ](https://www.tiktok.com/@divorcewithdina) I’m Dina Haddad, a family law attorney-mediator in California. I’m so tired of couples not having a process that’s easy to complete their divorce. They are getting lost, wasting time and money, and beyond frustrated with their results.That’s why I created [The Complete Divorce](https://thecompletedivorce.com/). I took my successful mediation practice and condensed it into an affordable and winning program. ![](https://thecompletedivorce.com/wp-content/uploads/2026/01/Dina-Haddad-1.webp) [ View Profile ](https://thecompletedivorce.com/about-us/) Imagine a couple who have been together for three years, are childless, and do not own their home; they are supposed to get an easy divorce, right?.  However, they were met with a rejected filing due to confusing paperwork, which also resulted in an additional $400 in court fees.  Although a short marriage can make a divorce simpler, that only happens when you use the correct procedure. Depending upon your specific circumstances, you may either file for Summary Dissolution, submit the new FL-700 Joint Petition, or file an Uncontested Divorce (Standard), all of which contain unique rules and timeframes.  By the end of this post, you will be able to determine which method best suits your case. The Complete Divorce presents California’s premier divorce program best for amicable, short-term marriages. Take control of your divorce without hiring lawyers and visiting the courthouse. [Start your divorce](https://buy.stripe.com/bJe8wO4Inbryg8y2Ar3ZK01) at $49.99/mo. Modernizing California Divorce Complete your divorce without a lawyer. Move forward with peace of mind and avoid court rejections through our fully-assisted DIY divorce program. This program is founded and led by California divorce expert, Dina. - Court-approved forms - Divorce Portal - Expert Webinars - 24/7/365 Support - The MSA - Parenting Plan $49.99/mo No hidden fee. Cancel anytime. [ Start Divorce ](https://buy.stripe.com/bJe8wO4Inbryg8y2Ar3ZK01) ![](https://thecompletedivorce.com/wp-content/uploads/2025/07/google-icon.png)⭐⭐⭐⭐⭐ 2000+ California couples divorced. ## What Is a Short-Term Marriage in California? ![What is a Short Term Marriage in California - TheCompleteDivorce](https://thecompletedivorce.com/wp-content/uploads/2026/07/What-is-a-Short-Term-Marriage-in-California.webp) California has no uniform definition of a “short” marriage. For purposes of spousal support jurisdiction, California Family Code Section 4336 defines a “short” term marriage as a marriage of less than 10 years.  This time frame starts on the date of marriage and ends on the date of separation, not on the filing of a petition for dissolution. Many people believe that a short-term marriage will lead to an easy, quick divorce. However, a short-term marriage will have little effect on many aspects of divorce, such as [how marital property will be divided in California](https://thecompletedivorce.com/divide-community-property-in-a-california/). Community property division will follow the same general guidelines regardless of how many years the parties were married.  Those who are married fewer than 5 years may also meet the eligibility requirements for Summary Dissolution.[ Uncontested divorces](https://thecompletedivorce.com/cheap-uncontested-divorce-in-california/) are usually available to those who have been married for 5-10 years.  It is highly advisable for couples who have been married for approximately 10 years to document the exact date of their separation so they can protect themselves against potential loss of jurisdiction over spousal support in the future. ### The 10-Year Rule: What Does It Mean? The 10-year rule does not automatically entitle a spouse to permanent alimony; instead, the presumption of long duration marriage applies when one party has been married for 10 years or more, and is calculated from the time that the couple got married until they separate.  In cases where one party has been married for 10 years or more (a “long duration” marriage), the court generally retains jurisdiction over spousal support unless both parties agree otherwise or the court orders otherwise. In case a party has been married for less than 10 years, courts will often order support for approximately half the length of their marriage. Each case depends on factors set out in California Family Code section 4320.  Therefore, if a couple were separating after eight years of marriage, a court may determine that four years of support would be appropriate. Once the period of support ordered by the court ends, the court typically loses jurisdiction unless the judgment specifically preserves it. ### Date of Separation and Short Marriages The date of separation under California Family Code § 70 is established when at least one spouse indicates an intention to end their marriage and follows this declaration with consistent behavior.  It is not necessary for spouses to live in different residences; courts will consider all evidence pertinent to establishing the exact date of separation. The determination of the date of separation may be crucial in establishing which earnings, debts, and property are characterized as “community” or “separate” property.  If you end up staying together for financial reasons, ensure to have a written declaration of your intent to end the marriage, along with financial changes and other evidence that shows a permanent break in the relationship.  ## Short Term Marriage Divorce Option #1: Summary Dissolution [Summary Dissolution in CA Divorce](https://thecompletedivorce.com/summary-dissolution-in-ca-divorce/), a standard uncontested divorce, and a new “[Joint Petition](https://thecompletedivorce.com/fl-700-joint-petition-california/)” filed with form FL-700 can be used by couples who have been married for a short time.  However, each has its own unique qualifications. Each will also include the state-mandated six-month waiting period. However, this waiting period will start at different times depending upon how the divorce is filed. ### Do You Qualify for Summary Dissolution? In general, you qualify for [summary dissolution](https://thecompletedivorce.com/summary-dissolution-in-ca-divorce/) if: - You were married or in a registered domestic partnership for five years or less (to the day of the separation). - There are no children born during the marriage who are minors at the time of the petition. Additionally, neither spouse is pregnant. - You do not have ownership rights in any real estate. - Your combined community assets and liabilities fall below the statutory limitations. Vehicles are exempted for asset purposes. Vehicle loans are considered separately under liability regulations, but loans themselves are included in the total allowable debt.  - You have agreed completely on the distribution of marital property and marital debt.  - Each party has waived their right to spousal support.  - You meet California’s residency requirements for divorce. If you qualify, you can begin the process by filing jointly with Forms FL-800 and FL-810, then expect the judgment to be entered on FL-825 after the six-month waiting period has passed. ### What If You Don't Qualify for Summary Dissolution? The FL-700 Joint Petition (SB 1427) As of January 1, 2026, SB 1427 introduced the FL-700 Joint Petition. This collaborative approach allows couples (except those who meet the qualifications for summary dissolution) to initiate their divorce.    Summary Dissolution cannot be used when there are minor children, real property, or when total marital asset values exceed the summary dissolution limits. However, couples can use this process to obtain a [cheap divorce in California](https://thecompletedivorce.com/cheap-uncontested-divorce-in-california/), as long as they have agreed on all issues.   Rather than a petitioner and respondent, both spouses will file jointly as Petitioner 1 and Petitioner 2, using FL-700 and FL-710. Because both spouses filed jointly, the court will consider each spouse served. As with summary dissolution, both spouses must provide financial disclosure statements, create a written settlement agreement, and submit a judgment packet.    As such, each spouse will pay the standard first paper filing fee (unless eligible for a fee waiver). The six-month waiting period commences upon filing. Couples who have decided to pursue an uncontested divorce but are not qualified for summary dissolution may find this a less complicated option. ## Short Term Marriage Divorce Option #2: Standard Uncontested Dissolution If the FL-700 process is not available because one spouse will not participate or you have not agreed to all issues before starting, then the traditional uncontested divorce option remains available.  One spouse must [file the FL-100 and serve the other spouse](https://thecompletedivorce.com/filing-and-serving-divorce-papers-ca/). In turn, the respondent may either file a response to the original petition or allow the case to proceed by mutual agreement.  The six-month waiting period for an uncontested divorce shall commence on the date of service upon the respondent.  In contrast to summary dissolutions, financial disclosures are mandatory when using the appropriate [California divorce form](https://thecompletedivorce.com/california-divorce-forms/), and most uncontested cases are concluded with a written Marital Settlement Agreement that is incorporated into the final judgment.  This option provides greater flexibility than summary dissolution and remains viable when parties eventually agree but cannot or do not wish to initiate proceedings with a joint petition. [Learn more about joint petition benefits](https://thecompletedivorce.com/californias-new-joint-petition-divorce/). ## Common Mistakes to Avoid in a Short-Term Marriage Divorce in California ![Common Mistakes to Avoid in a Short Term Marriage Divorce California](https://thecompletedivorce.com/wp-content/uploads/2026/07/Common-Mistakes-to-Avoid-in-a-Short-Term-Marriage-Divorce-in-California-1.webp) Short marriages make divorce somewhat less complicated; however, they do not eliminate the need for compliance with the law.  The following are errors that will likely delay your divorce proceedings, increase the cost of your divorce, or potentially create conflict long after the divorce has been finalized. ### 1. Assuming a Short Marriage Means a Simple Divorce Regardless of how short your marriage was (one year, two years), you will have to provide all of the necessary financial information, properly classify community debts, and create a comprehensive marital settlement agreement.  Failure to follow these steps can result in having your filing rejected by the courts and/or creating potential for future conflicts over the terms of your divorce. ### 2. Failing to Document the Date of Separation The length of time that you were married is critical in determining whether or not certain property and debts are considered “community property.”   Whether you separated due to disagreement or for financial reasons, document the fact that you intended to separate from each other to help protect yourself against possible disagreements down the line. ### 3. Overlooking Spousal Support Just because your marriage was very short does not mean that there won’t be a request for spousal support.  The court continues to use the factors set forth in California Family Code § 4320, such as each party’s income, earning capacity, and overall financial situation, to determine whether to approve a waiver of spousal support. ### 4. Filing for Summary Dissolution Without Confirming Eligibility Many couples file a petition for summary dissolution, which is then delayed while the parties determine whether they meet the eligibility requirements.  In order to file a FL-800 petition for summary dissolution, you must first review the current criteria listed in FL-810, such as the total value of community property ($40,000), the total amount of community debt ($6,500), and whether either spouse owns an interest in real property. ### 5. Using a Vague or Oral Marital Settlement Agreement If you don’t draft a comprehensive [marital settlement agreement](https://thecompletedivorce.com/marital-settlement-agreement-divorce-california/) regarding the division of assets and liabilities prior to your divorce proceeding, many times an oral agreement will be made during the course of the hearing.  While both types of agreements may be enforceable, an informal oral agreement made without counsel’s input will most likely be unenforceable. ## Get Professional Support on Your Side When Navigating Short-Term Marriage Divorce Short-term marriages often involve fewer assets, lower levels of debt, and a higher likelihood that both spouses agree on all issues in their divorce, which makes this type of divorce well-suited to be completed using “The Complete Divorce”.  Regardless of whether you are eligible for a Summary Dissolution, an [Uncontested Divorce](https://thecompletedivorce.com/complete-online-divorce-in-california/), or the new FL-700 Joint Petition created by Senate Bill 1427 (SB 1427), our web-based application process has made each step of the divorce process easier than ever, all [completely online](https://thecompletedivorce.com/complete-online-divorce-in-california/).  Our application prepares County-specific documents that are reviewed prior to filing with the Court, and we assist you in avoiding common pitfalls, such as attempting to file for a Summary Dissolution without being qualified to do so or failing to submit a properly signed Marital Settlement Agreement.  **Bonus:** You will also have access to Divorce Expert Dina Haddad, 24/7 Customer Support, Application Review, and Processing within the same day. All for an Affordable Price.  Begin your California Short-Marriage Divorce with [The Complete Divorce](https://thecompletedivorce.com/) Today. California premier divorce program. Making California divorce simple and lawyer-free. - Filing & Review Support - 1-on-1 Divorce Meeting - Child support calculations - MSA Filing Support ![](https://thecompletedivorce.com/wp-content/uploads/2025/07/google-icon.png)⭐⭐⭐⭐⭐ 2000+ divorced without a lawyer.  [ Start Divorce ](https://buy.stripe.com/bJe8wO4Inbryg8y2Ar3ZK01) ## FAQ — Divorce After a Short-Term Marriage Q. What qualifies as a short-term marriage in California? Generally, a marriage that lasts less than 10 years (from the date of marriage through the date of separation) is considered “short term” under spousal support standards. Q. Can I waive spousal support in my California divorce settlement? Yes. Spousal support can be waived if the parties have reached a written agreement to waive spousal support. This agreement will require court approval prior to entry of judgment. Q. Does my spouse get half of everything after a 1-year marriage? Generally yes. The community property and liabilities acquired during the marriage will be distributed 50/50, regardless of the length of the marriage. Q. What is summary dissolution and do I qualify under current FL-810 rules? Summary dissolution is available as a streamlined divorce alternative for couples who meet very narrow criteria. This includes being married for less than 5 years, having no minor children, having no interest in real estate, and meeting other specific asset/debt limitations as provided by statute. Q. How is the date of separation legally determined in a short California marriage? The date of separation is the day when one party declares the end of the marriage through either words or action, and the other party accepts this declaration and acts accordingly. Separating physically is not necessary. 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