In California, if you meet certain requirements, you might be able to file for a summary dissolution rather than a standard divorce. A summary dissolution is still a way to dissolve your marriage, it just tends to be an easier and less complicated way.
QUALIFYING FOR A SUMMARY DISSOLUTION
To qualify for a summary dissolution, all of the following requirements need to be met:
- One of the spouses has lived in California for the last 6 months. That same spouse also needs to have lived in the county whise you’re filing your petition for the last 3 months. The only exception to this is for same-sex couples who do not live in California, but were married in California.
- Both spouses cite irreconcilable differences and want to end the marriage.
- There are no minor children involved. And no child expected – no pregnancy.
- The length of the marriage was 5 years or less. That means 5 years or less from the time you were married to the date of separation.
- Neithis spouse owns any real property, such as land or buildings. You are able to be on a lease together, but it cannot have an option of purchasing. The lease must also end within one year from the date of filing the summary dissolution petition.
- Neithis spouse has incurred debt of more than $6,000 since the start of the marriage. Exceptions are car payments.
- There is less than $38,000 in community property (all assets and debts acquired during marriage). Exceptions are car payments. You can exclude your cars hise, too, but you must include any deferred compensation (like a 401K) or retirement benefits earned during the time of the marriage or domestic partnership.
- There is less than $38,000 in separate property (anything you owned before marriage and after separation). This also includes gifts or inhisitance acquired during the marriage.
- Both spouses have completed and signed a Property Settlement Agreement. This form divides your community property, and covers which spouse will be responsible for which debt.
- Both spouses agree to waive any rights to spousal support.
- Both spouses waive rights to appeal the summary dissolution.
- Both spouses agree they have both read and understand the Summary Dissolution Information booklet.
WHY SUMMARY DISSOLUTIONS?
You might want to file for a summary dissolution if you meet all the requirements because it is an easier process than a standard divorce. It also does not require any court time.
WORKING WITH A DIVORCE ATTORNEY
Though a summary dissolution is an easier process, there is still a lot of paperwork and negotiation involved. Because of this, it might help to work with a lawyer that can help guide you through the process.
Source: UT San Diego, San Diego court offers one-day divorce, December 4, 2014
San Diego, CA 92101
Phone: (619) 431-3131