Tag: summary dissolution

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Divorce Family Law

Do You Qualify for a Summary Dissolution?

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If you’re considering divorce, and meet certain qualifications, you might want to consider filing for a summary dissolution.

What is a Summary Dissolution?

Summary dissolution is another way to dissolve your marriage. It is not a legal separation, it is a divorce. It’s quicker and easier than a standard divorce because you are not required to talk to a judge, and you may not need to hire a lawyer (though it might be in your best interest to do so). There are necessary requirements you will need to meet in order to qualify for a summary dissolution.

Qualifying for a Summary Dissolution

To be eligible to file for a summary dissolution you and your spouse must meet ALL of the following requirements:

  • Marriage (from date married to date separated) has been less than 5 years.
  • You have no children together (with born, adopted during the marriage, or expecting).
  • You do not own land or buildings.
  • You do not rent any land or buildings. The exception to this is where you live now – as long as you do not have a 1-year lease or an option to buy.
  • You do not owe more than $6,000 in debt acquired since the date of marriage. These are called “community obligations.” Exceptions are car loans.
  • You must have less than $40,000 worth of property that has been acquired during the marriage. This is called “community property.” Exceptions are cars.
  • You both do not have separate property that is worth more than $40,000. Again, exceptions are cars.
  • You both agree neither spouse will ever get spousal support.
  • You have signed an agreement dividing property (cars and debts).
  • Residency: either you or your spouse will have to have lived in California for the last 6 months. Additionally, you must have lived in the county where you’re filing for summary dissolution for the last 3 months.

Working with a Lawyer

Though a summary dissolution is less complicated than a standard divorce, it still must be done according to family law. Any legal matter can be confusing, therefore it’s important to work with a family law attorney who can ensure all the necessary steps have been taken.

 

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: California Courts, For Married Couples, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law

Summary Dissolution

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

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law

How to Proceed with Divorce

You’ve done the hard part: made the decision to file for divorce. But what next? There are various ways you can file for divorce, also known as a “dissolution of marriage. Below we outline several ways to approach a divorce. How you proceed will be specific to you and your spouse’s situation.

Several Approaches to Filing Your Divorce

Depending on your situation you will file one of these forms of divorce:

UNCONTESTED DISSOLUTION – Both you and your spouse agree on all issues of property, debts, custody, and support. You are both enter into an agreement to all issues.

CONTESTED DISSOLUTION – Either you or your spouse, or both of you do not agree to issues regarding property, debts, custody, and support. You will be required to go before a judge so that he or she can make judgments regarding these issues as well as ensure all documents of agreement are appropriately prepared and signed off on.

SUMMARY DISSOLUTION – You and your spouse have been married for less than 5 years, have no children, no assets, no debts, and both parties are in agreement about signing the divorce petition.

PUBLICATION OF SUMMONS – When the filing party does not know the whereabouts for the other spouse, and has no way to contact them, it is necessary for the spouse to publish a divorce declaration in a local newspaper for 4 consecutive weeks to be able to proceed with the divorce filing.

Working with A Divorce Attorney

While some of the options are fairly easy to proceed with, chances are you’ll want to work with an attorney, regardless of how “simple” your divorce may seem. There are various forms that will need to be filed out and filed by both you and your spouse. Also, depending on your situation – if you have children, large amounts of assets or debts, or property to divide – divorce can get sticky. In some cases, especially if spouses are having a hard time coming to agreement, you might need a lawyer to defend your case in a court of law.

 

Source: Womansdivorce.com, About Women’s Divorce, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law

Steps for Summary Dissolution

After you have verified that you meet all the requirements for a Summary Dissolution (a form of ending your marriage), these are the steps you must take to get that Summary Dissolution taken care of.

Paperwork

You must first file two documents with the County Clerk in the county where you are filing: a Joint Petition for Summary Dissolution and a Property Settlement Agreement document. After a mandatory six-month waiting period, either party is able to file a Request for Final Judgment. This completes the process and finalizes the divorce. If a party wants to stop the process they must file a Notice of Revocation of Petition for Summary Dissolution before the six months have passed, or before the Final Judgment request is filed. If neither the Request for Final Judgment nor the Revocation of Petition are filed for, the court may dismiss the action in order to clear its records.

No Need for Court

With a summary dissolution there is no need for spouses to appear in court. A lawyer is also not needed, though it is advised that you consult a lawyer prior to beginning the process. It makes sense that both parties must both agree to entering into this form of judgement – because there is no trial or hearing, you also cannot appeal the decision in a higher court. Thus, challenging the dissolution can be a timely and expensive process.

Alien

If an alien who has gone through the process of becomming a permanent resident by marrying a U.S. citizen or permanent resident obtains a summary dissolution within two years of marriage there is a risk of deportation.

Community and Separate Property Paperwork

There are worksheets available for the couple to fill out in order to determine the value of separate and community property, as well as community obligations. These worksheets must be filed with all other previously mentioned forms. The Property Settlement Agreement must outline the division of community property and obligations. It also must include a Waiver of Spousal Support (this means that no alimony from either party will be paid). Both spouses must  sign and date the agreement.

Filing Process

Once all forms are completed, they must be filed with the County Clerk in triplicate. You must also pay a fee. A case number is then assigned and two of the copies are returned – so each party has a copy. After the six-month waiting period, if the parties are in complete agreement to go through with it, one of the spouses must fill out the Request for Final Judgement (again in triplicate), file the form and pay a small fee. One copy is kept for the clerk for official records. The other two copies are mailed to each party. The day the forms are mailed indicates the date the marriage is ended, that the Property Settlement Agreement is binding, the parties have no obligations to each other (except for the binding agreements), and the parties are legally free to re-marry.

 

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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