In California, a summary dissolution is a simplified and expedited process for terminating a marriage or domestic partnership for couples who meet specific eligibility criteria and have minimal assets and debts. It’s essentially a streamlined alternative to a traditional divorce or dissolution proceeding. Here’s a detailed explanation of the summary dissolution process in California:
Eligibility Criteria:
- Residency Requirement: At least one spouse must have lived in California for the last six months, and in the county where they file for dissolution for the last three months.
- Marriage Length: The marriage or domestic partnership must have lasted for five years or less from the date of marriage to the date of separation (the date when one spouse decides the marriage is over and takes action to end it).
- No Children: The couple must not have any children together, whether born or adopted before or during the marriage/partnership, and the wife/domestic partner must not be pregnant.
- Minimal Assets and Debts: The couple’s assets (excluding vehicles) must be worth $53,000 or less, and neither spouse can own real estate.
- Agreement on Division of Property and Debts: Both spouses must agree on how to divide their assets and debts, including any property acquired during the marriage/partnership and any debts incurred after the date of marriage/partnership but before the date of separation.
- Waiver of Spousal Support: Both spouses must agree to waive their rights to spousal support (alimony).
Process:
- Prepare and File Forms: The spouses must jointly complete and file a Petition for Summary Dissolution (Form FL-800) with the superior court in the county where at least one spouse resides. They also need to complete and sign a property settlement agreement that divides their assets and debts.
- Court Review: After filing the petition, the court reviews the forms to ensure they meet the eligibility requirements. If everything is in order, the court will schedule a hearing date.
- Final Hearing: At the final hearing, both spouses must appear before the judge to confirm their agreement to the terms of the summary dissolution. If the judge approves, they will sign the Judgment of Dissolution (Form FL-825), which officially terminates the marriage or domestic partnership.
- Effective Date of Dissolution: The marriage or domestic partnership is terminated six months after the filing date of the petition or on a later date specified by the court.
Benefits:
- Cost-Effective: Summary dissolution typically involves lower costs compared to a traditional divorce.
- Faster Process: Since summary dissolution is a simplified procedure, it generally takes less time to complete compared to a standard dissolution.
- Less Stressful: The simplified process and straightforward eligibility criteria can make summary dissolution less emotionally taxing for both parties.
However, summary dissolution may not be suitable for couples with complex assets, significant debts, or contentious issues that require court intervention. It’s essential for couples considering summary dissolution to carefully review the eligibility criteria and seek legal advice if they have any questions or concerns.