A frequent question I am asked is, How to get a summary dissolution in California
A summary dissolution is the easiest way of terminating a divorce in California. However you must meet the requirements before you file a joint petition for a summary dissolution.
The State of California requires that one of the parties be a resident of California for 6 months and resident of the county where the divorce will be filed for 3 months. Before the divorce is final, there is a 6-month waiting period.
Any time throughout the six months, either party may withdraw the petition. If your spouse still wants the divorce, the case would need to be filed as a regular divorce/dissolution of marriage case. Your six-month waiting period will start over.
What is a summary dissolution in California? and How to get a summary dissolution in California?
See if you meet the following requirements:
• You have been married for less than 5 years on the date you file your Joint Petition for a Summary Dissolution of Marriage;
• You do not have children together, both adopted or born before or during the marriage (and your wife is not pregnant during this process);
• You do not own or have an interest in any real property, for instance, (rental property, house, condo, land, or a lease of 1-year or with an option to buy);
• Your debts are not more than $4,000 since the date of your marriage (do not include auto loans);
• Your the property you acquired during the marriage is less than $32,000 (The property or auto loans money you owe is not counted);
• Your separate property is not worth more than $32,000 (The property or auto loans money you owe is not counted);
• Both parties must agree that neither spouse will ever get spousal support;
• The Joint Petition must be signed by both and the court filing fees paid or you may see if you qualify for a fee waiver;
• You must have come into an agreement that divides your property and debts before filing your Joint Petition for a Summary Dissolution of Marriage; AND
• You or your spouse must have lived in California for the last 6-months and 3-months in the county where you plan to file.
If you and your spouse can agree on all of the terms out lined above, you can obtain a regular divorce, by summary dissolution. This is what we refer to as an “uncontested divorce.”
To speak with an attorney on How to get a summary dissolution in California or any other family law issue in Orange County or Los Angeles County, please contact us online or by telephone at 714-971-8000. The Family Law Offices of Yanez & Associates, delivers expert legal representation to individuals who are stressed about family law matters. Our attorney’s are experienced. Our founding attorney is a Certified Family Law Specialist.