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James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

What Is A Summary Dissolution? 02-02-2015

What Is A Summary Dissolution?

If you have decided to dissolve your marriage, before you begin the process of filing for divorce, it is best to find out if you qualify for summary dissolution. In California, this simpler option is available to divorcing spouses, but not everyone qualifies.

It is important to note that summary dissolution is a type of divorce available to certain qualifying couples. It is not equivalent to a legal separation.

There are ten basic requirements for summary dissolution in California. If you and your spouse meet all ten requirements, then you qualify for summary dissolution and will be able to get divorced without a judge.

  1. You and your spouse have been married for less than five years
  2. You and your spouse do not have children together
  3. You and your spouse are not property or land owners
  4. You and your spouse do not rent property or land (exception for where you currently live so long as your lease is not one-year or lease-to-own)
  5. You and your spouse's collective debts are under $6,000 (debts acquired during the course of your marriage). This collective debt does not include car loans.
  6. The total value of your community property is less than $40,000, excepting vehicles
  7. Your separate property (owned solely by you or solely by your spouse) is less than $40,000
  8. Neither you nor your spouse is asking for spousal support now or at any point in the future
  9. You and your spouse agree to sign a fillable property agreement for property division
  10. You OR your spouse must have been a California resident for the past six months AND a resident of San Bernardino County for the past three months.

This simplified form of divorce is available to those couples with the least points of contention, namely, assets, debts, and children. If you do not qualify for a summary dissolution, then you will have to pursue regular divorce.

There are options even if you have to go this route. For example, you could choose uncontested divorce if you believe that it is possible for you and your spouse to come to an agreement without the interference of a family law judge and court. You and your spouse also might choose to go the mediated divorce route. To learn more about your options in the wake of a divorce, contact a Rancho Cucamonga divorce lawyer at James D. Madden, Attorney at Law today.

Categories: Divorce Law

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