Do you qualify for a summary divorce?

Do you qualify for a summary divorce?Summary dissolution is an alternative to the traditional California divorce process, which can be time-consuming and costly. It’s not available to everyone, but if you qualify, and both you and your spouse are able to agree to the terms, it can be a good option.

What is a summary dissolution?

A divorce legally dissolves a marriage, and a summary dissolution is a faster, simplified way to get your divorce in California. It’s best for couples who are able to communicate well and can work out an agreement together. While it can be a cheaper option, you give up certain rights in order to take advantage of the process. Neither of the spouses can request spousal maintenance (alimony), and there is no way to appeal the judgment once it is finalized. However, in some situations, summary dissolution can be the right choice.

How does summary dissolution work?

The process is simple: you and your spouse work out a property agreement together, file a Joint Petition for Summary Dissolution, wait 6 months and 1 day, and the court automatically grants the divorce. If either one of you changes your mind within the 6-month window, you can file a Notice of Revocation for Summary Dissolution. You can then file for a regular divorce.

Do you qualify for a summary dissolution?

Summary dissolution is available to married couples (regardless of gender) or domestic partnerships. You must meet ALL of the requirements in order to be eligible to file for summary dissolution:

  • You were married less than 5 years.
  • You do not have any children together, including adopted children or children born before you got married.
  • At least one of you has been living in California for the past 6 months.
  • You and your spouse do not own any real estate or have long-term leases.
  • You and your spouse did not accumulate more than $6,000 in debt while you were married (excluding car loans).
  • Your community property (generally, the property acquired during the marriage) is less than $50,000.
  • You and your spouse do not have more than $40,000 each of separate property (excluding your cars).

Do I really need an attorney for a summary dissolution?

When you don’t have a lot of assets, you don’t want to spend a lot on an attorney. But an experienced attorney can help you avoid costly mistakes. So it can really pay off to consult with a professional before you file. We can help you identify community and separate property correctly and make sure you ask for your fair share. You can also retain an attorney to be a mediator to help you communicate with your spouse and divide your assets.

Do you have questions about your divorce?

If you’re feeling unsure about your options, schedule a consultation with an experienced Southern California divorce attorney at Kendall Gkikas & Mitchell, LLP. By talking to a professional who can advise you about what’s best for YOU, you’ll find the information you need to decide what course to take in your situation. Call 909-482-1422 or email info@parents4children.com to set up your initial consultation today.