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Summary Dissolution

 

Summary Dissolution is the simplest divorce as it means that both spouses are agreeing to be divorced and are willing to sign all of the necessary documents to obtain the divorce.  However, there are strict guidelines in order for a couple to be able to file this type of divorce. 

If you and your spouse can answer “no” to all of the following questions, you will generally qualify for a Summary Dissolution. 

 Have you and your spouse been married for more than 5 years? 

•Do you and your spouse have any minor children born of your relationship
  before or during the marriage or adopted by you during the marriage? 

•Is the wife currently pregnant? 

•Does either spouse have an interest in any real property anywhere (excluding a
  lease for a residence which must terminate within a year from the date of filing
   the divorce and must not include an option to purchase)?

 Do you have more than $5,000 in obligations incurred by either or both of you during the marriage except for car loans?

 Do you have more than $33,000 in total fair market value of community property assets, not including what you owe on those assets and not including automobiles? 

•Does either spouse have in excess of $33,000 in separate property assets, not
  including what you owe on those assets and not including automobiles? 

Additionally, at least one spouse must have lived in the State of California for the past six months and in the county of filing for at least three months prior to the date of filing.

After the parties have completed and signed all of their paperwork, the paperwork must be filed with the Court and assigned a case number.  There is a six month waiting period during which either party can stop the divorce at any time.  After the six month waiting period, you must then prepare and submit your Request for Final Judgment for the Judge to sign and make your divorce final.
 


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Last modified: 05/10/07.
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