A summary dissolution in California is a simplified and faster process for dissolving a marriage or domestic partnership. It is available to couples who meet certain eligibility requirements and wish to avoid the more complex and lengthy formal divorce process.
Eligibility Requirements for Summary Dissolution:
To qualify for a summary dissolution, both parties must meet the following conditions:
- Marriage or Domestic Partnership Duration:
- The marriage or domestic partnership must have lasted five years or less at the time of filing for dissolution.
- No Children:
- The couple must not have any children (either biological or adopted) from the relationship.
- No Real Property:
- Neither party owns real property (such as a home or land), either individually or jointly.
- Minimal Debt:
- The couple’s combined debt must be less than $8,000 (excluding car loans, student loans, and other exceptions).
- Agreement on Division of Assets and Debts:
- The couple must have already reached an agreement on how to divide their assets and debts. The agreement is outlined in a property settlement agreement, which both spouses must sign.
- No Spousal Support (Alimony):
- The couple must not request spousal support from each other.
- Joint Petition:
- Both parties must agree to the dissolution and file a joint petition for summary dissolution.
Process:
- File Petition: The couple files a joint petition for summary dissolution with the California Superior Court.
- Property Settlement Agreement: A signed property settlement agreement, detailing the division of assets and debts, must accompany the petition.
- Wait for Six Months: There is a mandatory six-month waiting period before the dissolution can be finalized. This waiting period is the same as with regular divorces in California.
- Final Judgment: After the waiting period, if there are no objections and all requirements are met, the court will issue a final judgment of dissolution.
Advantages:
- Faster: It simplifies and shortens the divorce process, allowing couples to dissolve their marriage or partnership without a court trial.
- Lower Cost: Since it is a simpler process, the cost is typically lower than a regular divorce.
- Less Stressful: There are fewer legal steps and no need for ongoing court appearances, making the process less stressful.
Disadvantages:
- Limited Eligibility: Only couples who meet the strict requirements can use the summary dissolution process.
- No Spousal Support: If either party may want spousal support, summary dissolution is not an option.
- No Complex Asset Division: It’s not suitable for cases involving complex financial situations or contested property division.
If a couple meets all of the eligibility requirements and wants to proceed with a simpler, faster dissolution process, summary dissolution can be a good option. It is always advisable to consult with an attorney to ensure that all requirements are met and the process is completed correctly.