Cassandra married her husband Nick three years ago after a whirlwind romance. Sadly, they just can’t seem to agree on anything these days. Neither are happy in the marriage, and together they decide to file for a divorce. Cassandra is worried. She has heard from friends that divorces are often expensive and complicated, involving time and paperwork. Nick suggests to Cassandra that they file a summary dissolution because they haven’t been married for a long time and don’t have children. He assures her that with a summary dissolution they could be officially divorced in six months’ time. Cassandra breathes a sigh of relief and downloads Tinder.
Defining Summary Dissolution
Dissolution is just another word for a divorce. Traditional divorces involve a long, drawn-out process involving a lot of time, paperwork, and money. There is, however, another option available to certain qualifying couples.
A summary dissolution is a simpler, shorter, and cheaper divorce process. A couple may qualify for a summary dissolution if they have been married for a short period, have no children, and possess few assets or debts. Unlike a regular divorce, a summary dissolution does not require the couple to have a trial in court. Nor is it necessary for either partner to have a lawyer.
The Qualifications for a Summary Dissolution
While summary dissolutions are an excellent option for some couples seeking a divorce, California has strict guidelines regarding who is eligible. A couple must fulfill each of the following requirements in order to be eligible for a summary dissolution:
- Both partners must agree to file a summary dissolution because of “irreconcilable differences”
- One partner has lived in California for 6 months or more, and in the specific county for 3 months or more
- The couple has no minor children (under 18 years old)
- Neither partner is pregnant
- The couple has been married for less than 5 years
- Neither partner owns real estate or rents land
- Marital assets (excluding cars) are valued at less than $40,000
- Neither partner has more than $40,000 in property acquired before the marriage
- Neither partner has more than $6,000 in unpaid debts
- Neither partner requests alimony (spousal support)
- Both partners have read and signed California’s summary dissolution information handbook
Example: After Carlos has an affair with a woman he met on vacation in Ibiza, his wife Jennifer demands a summary dissolution because of irreconcilable differences. Carlos, however, owns a cattle ranch in Bakersfield. Because Carlos owns property valued at more than $40,000, the couple is not eligible for a Summary Dissolution. Jennifer then hires a lawyer to pursue a traditional divorce.
Another Example: Two years ago, Romeo married his wife Juliet after a three-day romance in Verona, Italy. For the last six months, the young couple has been living in a West Covina apartment in Los Angeles County. After Romeo gets into an explosive fight with Juliet’s cousin, Juliet requests a summary dissolution. Romeo agrees, cursing the stars for his fate. They are eligible for the dissolution because: they have mutually agreed to the dissolution, they meet the residency requirements, and neither has assets valued at more than $40,000. When the dissolution is granted, Juliet celebrates with a glass of Chianti and a spa day.
How to File for a Summary Dissolution
The Paperwork
A couple that wants a summary dissolution in California must first file a joint petition that states:
- All requirements for the dissolution have been met
- Both partners’ mailing addresses
- Whether a partner wishes to revert to his or her former name
The couple must also fill out other documents that detail their income, property, and finances:
- A declaration of disclosure
- A property declaration or schedule of assets and debts
- The previous two years’ tax returns
- Description of any investments either partner will own after the divorce, if they existed during the marriage
Filing
When the couple is prepared to submit their dissolution paperwork, as a final step they must complete a settlement agreement. It is important that they make copies of all their paperwork because the county superior court will request the originals. When the couple submits their paperwork, they will have to pay a filing fee, though this may be waived if requested.
At the county court, the couple will deliver the petition, documents, and fee to the court clerk. They should also provide two self-addressed, stamped envelopes (one for each spouse).
When Will the Summary Dissolution Be Finalized?
If all the necessary requirements are met, the court judge will issue a dissolution and notice of entry. The notice of entry will list the divorce date as six months after the summary dissolution was filed. Once the dissolution and notice of entry are issued, either party is free to remarry.
As no trial is required for a summary dissolution in California, a couple may receive their summary dissolution as soon as the day they file their documents, or at a later date by mail.