In California, some couples can get an expedited dissolution of marriage, or a quick way in which to end a domestic partnership. If you are interested in filing for this simpler divorce, you will need to first understand how a summary dissolution works, and which couples qualify for this.
Who Can File?
First things first: do you qualify for a summary dissolution? Only couples in very specific circumstances can file for this. If a couple has been married or been in a domestic partnership for no more than five years, has no minor children, owns no real estate, and is willing to give up any claims to spousal support or appeal, then they might be eligible for this procedure. They must also want to end their legal relationship because they have irreconcilable differences. At least one partner or spouse has to have lived in California for the past 6 months (unless you are a same-sex married couple who celebrated the relationship in California and have since moved to a state that does not grant same-sex divorce).To file, a couple also cannot own more than a certain amount in community property or separate property, and they also cannot have more than $6,000 of debt. You can consult with our Mission Viejo divorce attorney to learn about the other requirements to be a couple who can file for a summary dissolution.
You can get a crash course on the process at your court when you get your hands on a form called Summary Dissolution Information (it's also appealingly named form FL-810). It explains how your debts and community property will be split up. You have to fill out worksheets and create a property settlement agreement. Then, once that is sorted out, you can file a Joint Petition for Summary Dissolution (other paperwork has to go along with this, depending on your case). Then you have a six-month wait before the dissolution is finalized. Only after that point will your marriage or domestic partnership legally end.
A Summary Dissolution Can Be Revoked
That being said, this simple divorce may not always be straightforward. If one spouse wants to get a standard divorce instead (perhaps they want spousal support after all), then they can end the summary dissolution. They can revoke this petition and exchange this for a divorce petition. You can save yourself time if you file for a divorce within 90 days of you filing a Notice of Revocation for Summary Dissolution. If you re-file fast enough, then whatever amount of time you waited for the summary dissolution can count toward the time you have to wait in your divorce.
What happens if you want to revoke a summary of dissolution after the six months have passed? If you need to revoke a dissolution that was filed under fraud, under error, or something along those lines, then you can ask the court to set aside the summary dissolution. You will then have to prove your case to a judge.
A Summary Dissolution can provide couples a way to quickly become independent and to create a new future, but of course, this process is not for everyone. The good news is that there are many options when it comes to achieving an amicable divorce. You may be able to get an uncontested divorce, or to go through divorce mediation. To examine your options when it comes to achieving a simple divorce in Mission Viejo, you can find the legal advocate you need at The Hunter Law Group. Our firm can help you protect your rights in whatever course you choose to achieve a dissolution of marriage or a domestic partnership. Fill out a free case evaluation today!