Can I file for a quick divorce despite joint credit card debt?

Full question:

I am filing for a quick divorce from my wife. We don’t own any property or assets. We were living in an apartment in Santa Monica. My wife was a shopaholic and she racked up credit debts worth $7330 on various cards issued on our joint bank accounts. We decided on divorce because we want financial independence from each other. Can we file for a quick divorce and get this over with?

• Category: Divorce
• Date: 04/07/2025
• State: California

Answer:

In California, you can pursue a relatively quick divorce through an uncontested process if both parties agree on the terms. This type of divorce is possible when:

• Both spouses agree on how to separate assets and liabilities.
• There are no minor children involved, or both parents agree on custody arrangements.
• One spouse is unlikely to contest the divorce, which may lead to a default judgment.

However, there is a mandatory waiting period of at least six months after filing before the divorce is finalized.

California Family Code § 2400 outlines conditions for a summary dissolution, which allows for a quicker divorce if:

• Either party meets jurisdictional requirements.
• Irreconcilable differences have led to the breakdown of the marriage.
• There are no children from the marriage, and neither party is pregnant.
• The marriage lasted no more than five years.
• Neither party has any interest in real property, except for a lease that meets specific criteria.
• There are no unpaid debts exceeding four thousand dollars incurred after the marriage.
• The total value of community property is less than twenty-five thousand dollars, and neither party has separate property exceeding this amount.
• Both parties have signed an agreement on asset division and liability assumption.
• Both parties waive rights to spousal support.
• Both parties waive rights to appeal or request a new trial.
• Both parties have read the summary dissolution brochure.
• Both parties want the marriage dissolved.

In your situation, the total debt of $7,330 exceeds the $4,000 limit for unpaid obligations, which disqualifies you from filing for a quick divorce under the summary dissolution procedure.