A summary dissolution is a quicker and easier way to obtain a divorce without having to go before a judge. You also might not even need a lawyer, thought it is in your best interest to consult one since divorce can be a tricky process.
Requirements for Summary Dissolution
Though a summary dissolution is an easier way to end your marriage, there are some requirements that you must meet. Here they are:
Both you and your spouse:
- Have been married for less than five years. The five years is counted from the date you were married t the due you separated.
- Do not share children – either born or adopted before or during the marriage. You are also not expecting a child.
- Do not own any land or buildings.
- Do not rent any land or buildings. This excludes where you currently live as long as you have not entered into a 1-year lease with an option to buy.
- Do not owe more than $6,000 in debts acquired since the date of marriage. This excludes car loans.
- Have less than $40,000 worth of property that was acquired during the marriage. This does not include cars.
- Do not have separate property that is worth more than $40,000. This does not include cars.
- Agree neither spouse will ever receive spousal support.
- Have signed a written agreement dividing your property. This should include cars and debts.
Residency Requirements for Summary Dissolution
Additionally, there are some residency requirements to qualify for a summary dissolution. Either you or your spouse must have lived within the state of California for the last 6 months and in the county where you are filing your summary dissolution for the last 3 months. If you and your spouse do not meet this residency requirement, you are still able to file for a legal separation, but you will need to go through the regular legal separation process. You can also wait until you meet the residency requirements.
Source: California Courts, For Married Couples, 2014
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