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18 Jan. 2016

Is a "Quick & Simple" Divorce Possible?

Posted By The Buncher Law Corporation

No matter who you are or where you live, divorce can be a difficult and potentially lengthy process, especially if the divorce is contested. However, individuals meeting certain requirements may be able to obtain what is called a Summary Dissolution of Marriage, which is a quicker, less complicated way to legally end a marriage. Couples who have been married for a short period of time who have no children and who have minimal assets and liabilities do not have to worry about some of the more complicated aspects of divorce, like child custody, child support, and complex property division. This ultimately makes the process much more simple and streamlined. If you are considering divorce, review the requirements for Summary Dissolution to see if you may be eligible before you file.

Who is Eligible to File for a Summary Dissolution?

In California, the requirements for filing a Summary Dissolution of Marriage are as follows:

  • You and your spouse have lived in California for the past six months or more, and in the county where you plan to file for at least the past three months.
  • You and your spouse have been married for less than five years.
  • You and your spouse do not have children together and are not currently expecting a child.
  • You and your spouse do not have an interest in or own any real estate.
  • You and your spouse do not owe more than $6,000 in debts (acquired during the marriage).
  • You and your spouse have less than $38,000 worth of property (not counting vehicles).
  • You and your spouse do not have separate property totaling more than $38,000.
  • You and your spouse have agreed to a mutual forfeit of rights to spousal support and have signed an agreement dividing your property and debts.

How to File for a Summary Dissolution

Ready to file? To get started, you’ll need to read the Summary Dissolution Information (FL-810) booklet and complete the included worksheets for dividing your property and debts. After completion, you and your spouse must exchange and sign the documents. Then, you’ll need to file your Joint Petition for Summary Dissolution along with the completed forms. Six months after filing, you will receive a Judgment from the court dissolving your marriage, and your property agreement will then go into effect.

If either spouse changes their mind during the six-month waiting period, they can file a Notice of Revocation for Summary Dissolution to stop the process. This usually happens if a couple reconciles or chooses instead to pursue a regular divorce. If a couple re-files for divorce within a 90-day period, the time spent waiting still applies to the time you must wait to complete a regular divorce.

If you are considering a divorce in California, contact the Irvine divorce lawyers at The Buncher Law Corporation. Our seasoned and respected team can guide you through your options and choose the solution that best serves your goals. Discuss your questions and concerns with an attorney during an initial consultation: (949) 536-7500.

Categories: Divorce
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