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Summary Dissolution is a Simplified Divorce

Summary Dissolution is a Simplified Divorce

For couples that qualify, California offers a simplified divorce process called a summary dissolution.

Summary Dissolution

Summary dissolution is the most cost-effective way to get divorced in California. The couple is required to file less paperwork and is only required to pay one filing fee because they jointly file the same petition. But a summary dissolution will not expedite a divorce beyond the minimum statutory requirement. California requires a six-month waiting period for a judgment terminating marital status.

How to Qualify

In order to qualify the couple must meet the following requirements under California Family Code Section 2400. Here are a few of those requirements:

(1) the marriage is not more than five years as of the date of the separation .

(2) the couple must not have any minor children.

(3) neither party can own any interest in real property.

(4) debt incurred by one or both parties must be minimal and cannot exceed $4000 (this amount excludes any unpaid obligation with respect to an automobile).

(5) value of all community property assets exceed $25,000 excluding all encumbrances and debts.

Additional Requirements

If all the requirements are met, both parties still must agree on pursuing a summary dissolution. If either party changes his or her mind and does not wish to proceed via summary dissolution at any time during the process, he or she is able to file a revocation of the summary dissolution petition. At that point the couple will need to proceed with the typical divorce process. To pursue a summary dissolution, the parties must also execute an agreement that sets forth the division of assets and assumption of liabilities of the community. What this means is that the parties must be able to divide their own assets and debts in a way that is agreeable to both parties. Both parties will need to exchange financial documents as well as disclosure of all assets and debts.

For advice on divorce and all it’s aspects, you need the expert law firm of Korol and Velen, certified family law specialists. Schedule a consultation today.

Source: Bickford Law, Summary Dissolution – Simplified Divorce, 2014

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