Do You Qualify For a Summary Dissolution?
A Summary Dissolution is a much simpler version of a divorce however not everyone couple qualifies for a summary dissolution. In order to qualify for a summary dissolution you must be able to answer YES to each of the following statements:
- Have been married for less than 5 years- this only includes time from the date of marriage to the date of separation, not the date of filing
- Have no children together, natural or adopted
- Do not own any real property
- Do not rent any real property or building other than where you are currently living and where you are currently living does not have a 1-year lease or more or any option to buy
- Do not owe more than $6,000 for debts acquired since the date you got married, excluding car loans
- Have less than $41,000 worth of property acquired during the marriage, excluding your cars
- Do not have separate property worth more than $41,000
- Have lived in California for the last 6 months prior to filing and have lived in the county in which you filed for the last 3 months
Now that you’ve successfully determined that you qualify for a summary dissolution the next step begins which is determining whether you and your spouse can agree to waive Spousal Support, how to divide your community property and how to divide your community debt. If you both agree on these aspects you can file a Joint Petition together along with your property agreement, exchange income, expense, financial and property information as laid out in the booklet contained within form FL-810, and include a signed Judgment of Dissolution and Notice of Entry of Judgment. Once these documents are filed with the court the 6-month waiting period begins. In California it takes at least 6 months and 1 day to become divorced. You will receive back your signed Judgment forms after the waiting period has elapsed.
If you qualify for this process it cuts out a lot of the expense, time and anxiety that surround normal dissolutions however they limit what can and cannot be negotiated so if you are thinking that this is a route that you might want to explore be sure to contact a lawyer first to determine if it is in fact a good fit for you. If you have questions regarding summary dissolutions or the dissolution process in general contact an attorney at The Haynes Law Firm, APLC and we can assist you in your decision process. Our Redlands office number is (833) 526-5197.
Crista Haynes is the principal attorney at The Haynes Law Firm, APLC and is highly experienced in the areas of family law, criminal defense and estate planning.