Mission Viejo Family Attorney
When someone is considering a
divorce, the obstacles involved may make the decision much harder. Divorce can
be a long and grueling process and one must ask whether there is an easier
way. The good news for some couples is that there is an easier way. A
summary dissolution is a way to a divorce that does not require you to
appear before a judge. If getting a divorce is a mutual decision between
both spouses and the couple meets a list of requirements, they may qualify
for obtaining a divorce through a summary dissolution.
What are the requirements for a Summary Dissolution?
Summary dissolutions are not for everyone. First and foremost, they are
limited to couples who live in California. More specifically, at least
one of the partners must have lived in California for at least six months
and in the county where the petition is filed for at least three months.
There are special exceptions for some same-sex couples who established
their domestic partnership in California and recently moved out of state.
However, since summary dissolutions are a provision of California's
divorce law, the couple must some sort of established residency in the
state in order to apply.
The second requirement for a summary dissolution is that the couple does
not have children, which would require lengthened hearings on the subject of
child custody. Below is a list of the remaining requirements for summary dissolutions
- Divorce is a mutual decision by both partners for the reason of irreconcilable
- The marriage or domestic partnership is five years old or less
- Neither partner has incurred more than $6,000 in debt, excluding automobile payments
The couple owns $38,000 or less in
community property including 401ks and retirement benefits earned during the marriage.
Both partners waive the right to
- Both partners waive the right to appeal the dissolution once the court
has entered it
Both partners sign and agree to a
property settlement agreement dividing community property and present the necessary paperwork
involving the transfer of titles, bills of sale and any other related
material upon filing the petition for summary dissolution.
In order to qualify for a summary dissolution, a couple must meet
all of the above requirements. Otherwise, the couple may file for a regular
dissolution, which is the case with most divorced couples. Summary dissolutions
involve a six-month waiting period, during which time either of the partners
may stop the summary dissolution by filing a Notice of Revocation if he
or she decides they would like a regular divorce for spousal support or
if the couple reconciles. However, as mentioned above, both partners must
waive their right to contest the dissolution once the six-month waiting
period is up and the court enters the summary dissolutions, which finalizes
Do you qualify for a Summary Dissolution?
As mentioned before, summary dissolutions are not for everyone. However,
if you qualify based on the requirements above, it may be an extremely
beneficial way for you to obtain a divorce without an unnecessarily long process.
Contact a Mission Viejo divorce lawyer from The Hunter Law Group to learn more about summary dissolutions, whether
you qualify and how an attorney from our firm can help you through the
process successfully. Attorney Hunter has over 15 years of experience
in legal separations -- do not hesitate to reach out and schedule a consultation today.