While divorce is often a complicated, drawn-out legal process, it doesn’t have to be. Depending on the circumstances, you may qualify for a summary dissolution, a faster and simpler way to get a divorce in California.
A summary dissolution provides an easier way to end a marriage or domestic partnership than the standard divorce process. It doesn’t cost as much, there’s not as much paperwork involved, and the process doesn’t take as long.
The Requirements for Getting a Summary Dissolution Divorce in California
Not every couple is eligible for a summary dissolution. In order to qualify for a summary dissolution divorce in California, you and your spouse/partner have to meet all the following requirements:
- If you were married or entered into a legal domestic relationship outside of California, you must have lived in the state for the past 6 months and in the county where you file for summary dissolution for the past 3 months.
- Less than 5 years have passed between the time you were married or registered your relationship to the date of separation (the day your relationship ended).
- You have no minor children together, either by birth or adoption, and neither one of you is pregnant
- You don’t own or lease real estate, such as a house, land, or any other building. (There’s an exception if either of you rent a home or apartment and your lease will end within a year of your filing for the summary dissolution.)
- Your community debt is less than $6,000 (excluding car loans).
- Your community and separate property are each worth less than $47,000.
In addition, both parties must have an agreement:
- That you both want to end the marriage or domestic relationship
- That neither party is seeking spousal support
- To split any community property
What If You Change Your Mind?
If either spouse has a change of mind, they can halt the summary dissolution at any time during the 6 month period while waiting for the divorce to become final. To do so, they must file a Notice of Revocation of Petition for Summary Dissolution (form FL-830) with the court. This notice invalidates the summary dissolution case, canceling the judgment. If you or your spouse still want to get divorced, you can file for a standard divorce.
Speak to an Upland CA Family Law Lawyer Find Out if You Qualify for a Summary Dissolution
If you qualify for a summary dissolution, it’s important to seek experienced legal counsel. While quicker and easier than a standard divorce, you still need to ensure that all the rules are followed to get the Court’s okay. A family law lawyer can help you assemble the evidence you need to show the Court that you and your spouse/partner meet the qualifications for getting a summary dissolution, including drafting a post-nuptial agreement on how to split any community property.
Contact the law offices of Torrence L. Howell through our website or call us at (909) 920-0908 to schedule a free, initial consultation with a leading Upland, CA family law lawyer. Torrence has been guiding clients through the California divorce process for over 20 years. He can tell you if you qualify for a summary dissolution; if you don’t, he can suggest alternatives. Whatever path you choose, Upland, CA family law lawyer Torrence L. Howell is here to provide the experienced legal support you need.