Summary dissolution of marriage offers a simpler route to divorce for certain couples.
Divorce can be complicated and we’re not just talking about the emotional component. Many complex financial and legal issues can arise when couples divorce, sometimes resulting in bitter courtroom battles and mountains of paperwork. The good news is that there are easier alternatives to the stereotypical messy divorce. One such alternative is called a summary dissolution of marriage. This is a simplified procedure available to certain couples whose cases are fairly straightforward.
Qualification Requirements
In order to qualify for a summary dissolution, you must meet all of the following requirements:
- Your marriage lasted 5 years or less
- You and your spouse have no children together
- You do not own any real estate
- You do not have community property in excess of $40,000 (not including cars)
- Neither spouse has separate property in excess of $40,000 (not including cars)
- You do not have more than $6,000 in debt (not including car loans)
- Neither spouse wants alimony
- You can agree on how your assets and debts will be divided
The Value of Professional Help with a Summary Dissolution
Technically, you can complete a summary dissolution without the assistance of an attorney. However, this is typically not in your best interests to do this, for two main reasons.
Risk of Unfair Agreements: Just because the financial figures involved in a summary dissolution tend to be smaller than those involved in a regular divorce does not mean that the money is any less valuable to you. In order to be certain you are not unwittingly forfeiting your right to your fair share of assets, you really should consult a professional. A divorce attorney can help make sure you have identified community and separate property correctly and asked for your fair share. You can also retain Kendall & Gkikas as a mediator to help you communicate with your spouse and reach an asset division agreement.
Possible Paperwork Errors: Although a summary dissolution is a fast and easy divorce process, this is really only as compared to a standard divorce. There are still plenty of forms and worksheets to fill out and records to submit. Having an attorney help you prepare the papers and file them in the correct jurisdiction will greatly reduce the risk of any clerical errors resulting in delays in the divorce process.
