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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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