Who Can File For A Summary Dissolution in California?

Posted by: Gerald A. Maggio, Esq.

Top family lawyers Orange County; The Maggio Law FirmSummary dissolution is a quick and simple approach to obtaining divorce from your spouse without the intervention of a judge. In other words, it is a shorter and easier way to end a marriage or a registered domestic partnership without the hassles of lengthy and expensive litigation proceedings. However, there are certain limitations that a couple needs to qualify for, in case they are looking for a summary dissolution. 

The eligibility criteria for applying for a summary dissolution

Regardless of the gender, a couple can achieve a summary dissolution of its domestic partnership or marriage by qualifying for specific criteria that is required for it. Let’s have a look at the various factors that are considered while establishing a couple’s eligibility to apply for a summary dissolution.

  • Either of the partners must have lived in the state of California for at least six months before the separation.
  • The couple should have been married, or been a part of the domestic partnership for at least five years or more.
  • The couple must not have any biological or adopted children from the marriage or domestic partnership.
  • Neither of the spouses owns any real estate property in the form of a land or a building.
  • Neither of the partners owes more than $6000 worth of debts, since they entered into the marriage or domestic partnership.
  • The couple should not be having any marital property more than $41,000 worth of cost.
  • Neither of the partners should have separate property worth more than $41,000.
  • Both the parties have agreed and refused to demand any spousal support from each other.
  • The couple must sign an agreement that states the instructions for dividing the marital assets and debts, or stipulates that there is no property or debt to divide.

How is a summary dissolution more advantageous than a typical divorce?

A summary dissolution is an effective way of bypassing several lengthy procedures of a typical divorce trial, for couples who are in complete agreement of various aspects related to a divorce. It therefore requires considerably less amount of intricate legal paperwork and saves you a lot of unnecessary expenditure. Another major advantage of seeking a summary dissolution is that the process is a definite and sure shot way of achieving a legal separation. In other words, unless either party withdraws its agreement over the summary dissolution, the process grants automatic divorce to the couple before the stipulated deadline. This implies that your separation is not subject to the discretion of a judge.

If you and your partner wish to carry out a summary dissolution of your marriage or domestic partnership, you can take the assistance of an attorney in determining whether you are eligible for it or not.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

 
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