When individuals think of the word “divorce,” they may think of the long process that plenty of people endure. While it is true that a lot of people go through the contentious divorce process, not everyone understands that there are alternative options available. One of these methods is called summary dissolution — or a simple divorce. In California, spouses can file for summary dissolution if they meet certain requirements and benefit from a quicker, less complicated way to divorce.
Our San Bernardino divorce Lawyer at Family Law Advocacy Group are determined to make sure our potential clients understand what summary dissolution is and the requirements you must meet.
Filing for Summary Dissolution
If you are considering a summary dissolution, it is best to meet with an attorney who can explain the court’s Summary Dissolution Information. This document will help you understand the process and provide other information you may need to successfully complete the process. This includes worksheets for property division and marking debt, community property, and separate property. You can also receive a sample Property Settlement Agreement to help you come up with your own plan.
You and your spouse will need to complete the paperwork, exchange them with one another, and agree on how the property is settled. Once you file the Joint Petition for Summary Dissolution and the related forms, the time starts on the process. You will then need to wait six months for summary dissolution and the court will enter the judgment regarding your divorce. After this, your marriage is considered over and the Property Settlement Agreement is considered in effect.
Qualifying for Summary Dissolution
In order to file for summary dissolution, you must be able to meet the California state requirements. You must meet all requirements at the time you file. The requirements include the following:
- One spouse has lived in the state for the last 6 months and in the county for the last 3 months.
- Both parties want to end the marriage based on irreconcilable differences.
- You are not pregnant nor do you have any minor children.
- The marriage lasted five years or less.
- Neither party owns real property such as land or buildings.
- Neither party has incurred in excess of $6,000 (excluding car payments) since the beginning of the marriage.
- You have less than $38,000 in community property.
- Neither party has over $38,000 in separate property.
- You can both sign completed Property Settlement Agreements.
- Both parties agree to give up rights to spousal support.
- Both parties agree to give up rights to appeal.
- Both parties have read and understand the Summary Dissolution Information booklet.
You should know that if either you or your spouse want to stop the summary dissolution, you may be able to file a Notice of Revocation for Summary Dissolution within the six months after finishing the Property Settlement Agreements. This usually occurs for one of two reasons: one party wants to go through the regular divorce process to seek support or the couple has reconciled. There are options after the six month time limit expires.
It’s important to make sure you are properly represented throughout all family matters so you know your rights are protected. At Family Law Advocacy Group, we have a Board Certified Family Law Specialist who is dedicated to helping clients reach the resolution they desire in their simple divorce. Call us today for a free consultation and you can discuss your divorce case with our skilled Lawyer and have a better understanding of what to expect.
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