A summary dissolution is a more simple way of getting a marriage dissolved in California. If you meet the qualifications, you may file a joint petition for summary dissolution.
We prepare and mail you the joint petition for summary dissolution which you both sign along with the summary dissolution booklet required by the Court. Then, in six months we prepare the request for final judgment which either one of you may sign.
One risk of a summary dissolution is that at any time during the six months, either party may withdraw the petition. If the other party still wants the divorce, the case would need to be reopened and refiled as a regular dissolution case. The six month time period would begin again in the regular dissolution action.
Summary Dissolution Qualifications
- Married no more than 5 years
- No children and wife is not currently pregnant
- Neither party has any interest in any real property (an exception is made for a lease of a residence occupied by either party which terminates within the year and where there is no option to buy)
- Amounts owed on debts by either party from the date of marriage does not exceed $6000 excluding automobile debt
- The total net fair market value of community property assets excluding automobiles but specifically including deferred compensation or retirement plans is less that $38,000, and neither party has separate property assets, excluding automobiles with a net value of more than $38,000. The parties must set forth the division of community assets and the assumption of community liabilities and have executed all documents necessary to effect the agreement. The parties must also waive any rights to spousal support.
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