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Some states allow for a “Summary Divorce/Dissolution of Marriage” when a couple has only been married for a limited time, does not have any children, has limited marital assets and debts, neither party is asking for spousal support and both parties agree to the divorce.  In a summary divorce the couple usually will not appear in court and will have the final order stamped by a court clerk instead of a judge.  In most states the only steps required to file a summary divorce are:

STEP 1 – Jointly File the Application
The couple must file the application for summary divorce with the court clerk.  Both parties do not file a separate petition but must jointly sign one petition.  In your jurisdiction you will either file it with the general trial court or your jurisdiction's Family Court if there is a separate court.

STEP 2 - Wait
Each state that allows for a Summary Divorce has a mandated waiting period between the filing date and when the order may be entered.  During this time period either party may rescind the application.

STEP 3 - File the Request for Judgment/Order
Any time after the required waiting period is over, the parties may submit a request for the order to be officially entered by the court.  Once the order is stamped by the clerk the divorce is final.  The couple is usually not required to appear before a judge.

Parties to a summary divorce must remember to file the request for judgment. or order.  If the application is filed and the parties forget to file the order, they are still married.  If you are not sure if your marriage qualifies for a summary divorce you should contact an attorney.

Family Law Sub-categories