For couples that have been married less than 5 years and are looking to end the marriage without a court appearance, might look into a summary dissolution. A summary dissolution is a divorce without the hassle of talking to a judge and waiting for final divorce documentation. Couples that have been married or in a registered domestic partnership for less than 5 years can get a summary dissolution as long as they also meet other requirements.
What is a summary dissolution
A summary dissolution is an easier way to end your marriage or domestic partnership (or both) because it has forms and a guide for filing your own case. To find out if you qualify for a summary dissolution read the requirements below.
For both domestic partners and married couples, in order to qualify for a summary dissolution, both must meet all of the following requirements:
• Have been married less than 5 years or have not been registered as a domestic partnership for more than 5 years
• Have no children together
• Do not own any land or buildings
• Do not rent any land or buildings (except for where live)
• Do not owe more than $6,000 for debts gained since the date you got married (car loans do not count)
• Have less than $41,000 worth of property acquired during the marriage
• Do not have separate property worth more than $41,000;
• Agree that neither spouse will ever get spousal support
• Have signed an agreement that divides your property and debts and debts or says there is no community property or debts to divide.
• Meet the residency requirement (either you or your spouse must have lived in California for the last 6 months and in the county where you file for summary dissolution for the last 3 months)
Once you find that you qualify the processes then differ between married couples and domestic partners. Keep in mind that although summary dissolutions are meant to be easier than the court divorce process, it is in your best interest to see a lawyer about ending your marriage.
If you need help, please contact Brett Thorsteinson to help guide you. I provide complimentary consultations, and are dedicated to helping you through the divorce and post-divorce process.