It’s true, divorce can be mean, nasty, and riddled with conflict. But it doesn’t have to be. Summary dissolution offers an alternative.
If a couple meets a specific set of criteria, it’s possible to get a quick, easy divorce in California.
What Is A Summary Dissolution?
Summary dissolution is an option for short marriages with few complications when the spouses are on the same page. Only an option in particular circumstances; not every couple qualifies.
Most people will have to go through normal steps to get a divorce. To be eligible for summary dissolution, you have to check off several boxes relating to the length of your marriage, debt, assets, children, and more.
How Can You Qualify For A Summary Dissolution?
If you meet the requirements and if you and your spouse are generally on the same page, this may be a way to shorten and streamline the divorce process. As mentioned earlier, not every union qualifies for summary dissolution.
Length of Marriage:
If it’s been less than five years from the day of your wedding to the date of your separation, this may be an option.
Children:
If there are children involved, summary dissolution is not a possibility in your case. This includes both biological offspring as well as adopted children.
Land or Buildings:
Ownership of any land or buildings, even in part, puts summary dissolution out of reach.
Debt:
California is a community property state. All property and debt acquired during a marriage are considered to belong to both parties.
If these shared debts total more than $6,000, excluding car loans, you don’t qualify for summary dissolution. This includes everything from student loans and credit card debt to medical bills and financed furniture.
Shared Property:
If the community property acquired during a marriage doesn’t exceed $45,000, excluding cars, you may qualify for a summary dissolution. In addition to savings and checking accounts, this amount includes jewelry, furniture, and even pets, as do life insurance policies, joint or individual pension plans, and savings bonds.
Separate Property:
$45,000 is also the magic number when it comes to separate property. This includes stocks, savings, and pension plans acquired outside of the marriage. Any pension benefits accrued after the separation also fall into this category.
Spousal Support:
To qualify for a summary dissolution, however, you and your spouse must agree that neither one of you will ever get alimony.
Division of Property:
For a summary dissolution to be granted, both parties must sign an agreement detailing how community property and debt will be divided.
Anything claimed as shared property must be addressed here. In this case, it does include cars. Regarding debts, this document also specifies who is responsible for certain payments. Debt is generally assigned to whichever spouse benefited more from a specific purchase.
Residency Requirements:
Either you or your spouse must have lived in California for at least the past six months.
Beyond that, you must have lived in the county in which you file for at least three months.
Related Reading: Divorce Versus Annulment
How To File For Summary Dissolution
If your case checks off all these boxes, you can proceed with summary dissolution. From here, it’s a fairly straightforward task.
First, you must determine the correct court in which to file, based on the county or counties where you and your spouse reside.
In addition to any forms the local court requires of you, you have other documents to fill out. Chief among these is the Joint Petition for the Dissolution of Marriage and the Judgment of Dissolution and Notice of Entry of Judgment form.
After all you fill out all of these worksheets, exchange financial information, file forms in the appropriate court, and pay the fees, you will receive your divorce judgment ending your marriage.
Summary dissolution is one way to simplify and streamline the divorce process. If you and your spouse are on the same page, can work together, and meet the criteria, this may be an option worth exploring.
In relatively simple cases where there is little to argue over or fight about, it can be a quick and easy way for you and your spouse to dissolve your marriage and move on with your lives.
Related Reading: Legal Separation Or Divorce?
