Summary dissolution is a simpler and faster way to get divorced in California. While most couples in California are not eligible for summary dissolution, spouses who do qualify can save on the time and expense of regular divorce by filing a joint petition for summary dissolution. In addition to meeting the regular residency requirements necessary to file for divorce in California, couples seeking summary dissolution must also meet all of the following requirements:
- Married less than 5 years;
- No Children born or adopted before or during the marriage (and wife cannot be pregnant);
- No interest in real property anywhere;
- Not owing more than $6,000 for debts acquired since the date of marriage;
- Have less than $38,000 worth of community property;
- Have less than $38,000 worth of separate property;
In addition to the above requirements, you and your spouse must also agree to forever give up any right to spousal support and you must have a signed agreement dividing your property and debts. It is important to note that this list does not include many important details. For example, with respect to the qualification that neither spouse have an interest in real property, residential leases are permitted as long as they do not include an option to purchase and as long as the lease will terminate within a year from the date of filing the petition.
It is critical to note that just because you qualify for summary dissolution does not necessary mean that it is your best option. There are pros and cons to summary dissolution, and whether or not it is a better avenue than regular divorce depends on your particular situation. For assistance in determining whether summary dissolution is right for you or if you need help navigating the regular divorce process, contact us for a complimentary initial consultation.
- Shazi Rastegar, Esq. – Attorney and Mediator
Please note that this blog is intended for informational purposes only, and should not be construed as legal advice.
