A Summary Dissolution is a less complicated divorce option that is only available in some cases.
Am I Eligible For a Summary Dissolution?
Whether or not you can file for a summary dissolution will depend on whether or not you meet the specific requirements for a summary dissolution. The requirements for summary dissolution are:
- The marriage lasted five years or less
- One spouse has lived in California for at least six months
- One spouse has lived in the county where the dissolution is filed for at least three months
- The couple does not have any children together and they are not expecting any children.
- Neither spouse owes more than $6,000 in debt incurred during the marriage, with the exception of car loans
- The couple does not own any real estate together
- The couple has less than $47,000 in community property (property that you acquired during the marriage)
- Each spouse has less than $47,000 in separate property (property that you owned before getting married)
- The spouses agree to end the marriage based on irreconcilable differences.
- The couple executes a marital settlement agreement and must waive their right to appeal and their right to spousal support.
If you and your spouse are seeking a summary dissolution, 4WheelJD in Long Beach can help! Book a consultation today!
What Is The Process For A Summary Dissolution?
Filing for a summary dissolution can be fairly simple. Spouses must exchange financial information, complete the required forms with supporting documents, if needed, file the forms and pay the court filing fee.
How Long Does a Summary Dissolution Take?
Like all California divorces, a summary dissolution can take a minimum of six months after filing your forms. If your forms are filed correctly, then after six months, the court grants your summary dissolution. That’s it! There is no need for court hearings or appearances.
Can My Spouse Change Their Mind About a Summary Dissolution?
The short answer is yes. During the six-month waiting period, before your divorce is entered, either of you can change your mind. If that is the case, you must tell the court by filing a Notice of Revocation of Petition for Summary Judgment. Once filed, your divorce process is stopped and your case is closed.
Either spouse may change their mind during the six-month waiting period. If so, they must file a Notice of Revocation of Petition for Summary Dissolution with the court. The form stops the process and closes the case.
This does not mean you cannot get a divorce. It just means that you have to go through the traditional divorce process. A lawyer can help.
Do I Need a Lawyer For a Summary Dissolution?
The process for a summary dissolution is designed to be straightforward and a lawyer is not always necessary. However, there are many forms to complete and documents to exchange so, you may want to hire a lawyer to help complete this process. Your lawyer can make sure you do not miss anything.
Even if you choose to proceed on your own, without a lawyer, it is best to consult with a lawyer to get all of your questions answered so you can proceed with confidence.
Contact 4WheelJD For HELP TODAY.
Divorces can be overwhelming, even summary dissolutions. If you are thinking about moving on to the next chapter of your life, contact 4WheelJD and let us know how we can help.
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