California offers two main options to married couples who no longer want to be married: They can get a traditional divorce or they can get a summary dissolution. Not every couple who wants to divorce will qualify for a summary dissolution but for those who do, it can be an easier way to divorce. Read on to learn more and then contact Kendall Gkikas & Mitchell at 909-482-1422 for your consultation.
There are a few benefits to a summary dissolution
A summary dissolution doesn’t require nearly as much paperwork as a typical divorce, which can be a benefit to many. It also doesn’t require the couple in question to appear before a judge. When these advantages are combined, it comes out to a lot less time than a traditional divorce would require.
Do you qualify for a summary dissolution?
Not all couples qualify. The best way to find out for sure if you qualify is to call a divorce attorney and get an experienced legal opinion. However, generally speaking, if you meet these qualifications then you’re likely to qualify for summary dissolution:
- The marriage took place less than five years ago;
- Your total community assets isn’t more than $25,000 (not including cars and other vehicles);
- You don’t have children together;
- You don’t own any type of real estate;
- You don’t own a home;
- You both waive your right to spousal support; and
- You don’t owe more than $4,000 in debt combined (not including cars and other vehicles).
If you qualify and decide that it’s the right move, then you and your spouse must work together to come up with a written agreement to divide both assets and debts of the marriage. You must also agree about every aspect of the summary dissolution. This is why it’s often referred to as a collaborative divorce – you work together on it.
Additional tips to simplifying the divorce problem
If having an easy divorce is a priority to you, then there are a few more things you can do. First, talk to a divorce attorney before you talk to your spouse about the divorce. This ensures that you’re able to act proactively and not defensively.
Get a copy of your credit report and that of your spouse so you can be clear about debts. Get together all of your financial documents and have them ready to show your attorney. If you think there are hidden assets, you may want to consult with a CPA to have a look at the last few years of taxes.
Finally, if you want to have a positive and easy divorce experience, make sure that your rights are respected. At Kendall Gkikas & Mitchell we’ve seen it too often: The partner asking for the divorce feels guilty and agrees to a collaborative divorce, only to lose out big on assets and other aspects of the process. It is essential that you talk to an attorney who will have only your best interests in mind. Call us at 909-482-1422 for your consultation.
