Do I Qualify For Summary Dissolution?

Some couples qualify for a shortened and simpler dissolution process called Summary Dissolution. In a Summary Dissolution, the parties sign a Joint Petition for Summary Dissolution of Marriage, which can include a written agreement. Six months later either party may file the request for final judgment of dissolution; however, during that six-month period, either party may also revoke the original petition, which would then require the parties to proceed with a "regular" dissolution action.

1. To qualify for a Summary Dissolution, the divorcing couple must meet all of the following conditions:

2. Both spouses must be willing to sign a Joint Petition for Summary Dissolution of Marriage;
3. Have been married no more than five years at the time the Petition is filed with the court;
4. At least one of the parties has lived in California for at least six months and in the County where the Petition is being filed for at least three months;
5. There are no minor children of the marriage (including adopted children) and Wife, to the best of her knowledge, is not pregnant;
6. Neither party has an interest in any real property anywhere;
7. Except for obligations for automobiles, the total community debt does not exceed $4,000.00;
8. All community property assets, excluding debts and automobiles, are valued at less than $32,000.00;
9. Neither party has separate property assets, excluding debts and automobiles, in excess of $32,000.00; and
10. Each party is willing to waive spousal support from the other.

If you meet these conditions, you may be able to utilize this easy, inexpensive means of proceeding with a divorce. To learn if you qualify for a summary dissolution in California please contact the family law lawyers at Bartholomew & Wasznicky LLP.