Are you looking for a “simple” divorce option? Do you and your spouse agree that this is in your best interest after weighing the options? Then you may qualify for something known as “summary” divorce, or a dissolution. Many people go through a dissolution each year after realizing that the process is actually very simple and may work best for them. However, there are some requirements you will have to meet to go through with this process after deciding that it is right for you.
You and your partner may take a look at traditional divorce and realize that it is not right for you. The summary divorce process is made to be a bit more simplified than traditional divorce. It is also supposed to be much quicker than a divorce. Here are some of the benefits of a dissolution:
- Less paperwork: You may find that dissolution consists of avoiding court filings and the trouble of written agreements.
- Fewer Court Appearances: You may not have to appear in court much at all. For instance, in many states, certain documents must be submitted to the court for dissolution. This includes the petition for dissolution signed by both parties.
- Less Time: You may find that dissolution consists of less back-and-forth negotiations. Many states do not require resolution in matters like property division right off the bat.
Of course, there are some things that are the same between dissolution and a divorce. For instance, when you and your spouse go through with a divorce, you do not come to an agreement on how to divide your assets or how to arrange child custody. The judge will decide many of these issues for you because, most of the time, you cannot come to the conclusion by yourselves. Also, in many cases, the feeling for divorce is not mutual. In dissolution, you and your spouse will agree on how to divide assets and the wish to end the marriage is mutual.
Requirements for Dissolution
To qualify for a dissolution, you must have been married for less than 5 years, have no children together before or during the marriage, do not own any land or buildings, and do not rent any buildings. You also cannot owe more than $6,000 for debts acquired since the date you got married. If you are married, either you or your spouse must have lived in California for the last 6 months and in the country where you file for summary dissolution for the last three months.
In California, there are of course more specific requirements within the state. You must read a booklet called Summary Dissolution Information, which includes reading the entire booklet to understand your case. You must find a court to start your case, file a Joint Petition, fill out a Judgment Form, and complete a financial information exchange. You may find that the process is complicated, which is why it is best to speak to an attorney to help you with your case. Call us today for more information.
