Claremont Summary Dissolution Attorney
Divorce can be time-consuming and expensive, even when the parties both agree on most or all issues. California, however, offers a special fast-track procedure for certain married couples, known as a “summary dissolution.” Couples with no children, little shared or separate property, and who have not been married for very long can proceed through the divorce process with minimal court proceedings. Summary dissolution tends to be much faster and cheaper than traditional divorce, and it helps to avoid much of the stressors that the legal proceeding tacks on to an already-challenging life decision.
If you and your spouse can agree to all elements of the divorce and you believe you may otherwise qualify for summary dissolution, discuss your options with a seasoned California divorce lawyer. A Claremont family law attorney at Blasser Law can help you work out the details and minimize the headaches associated with divorce so that you can get on with the next phase of your life.
The Benefits of Summary Dissolution
Summary dissolution is a fast-track divorce proceeding. The couple files a summary dissolution worksheet, along with a property settlement agreement, a filing fee, and a few other documents. If all documents are filled out and filed appropriately, and the parties meet the requirements, the court will approve the dissolution and issue a judgment dissolving the marriage. The judgment will list the date of divorce as six months from the date the couple filed for summary dissolution.
The summary dissolution process offers many benefits over a traditional divorce proceeding, including the following:
- Speedy. The summary process can take a few weeks or a couple of months, instead of months or years for a contested (or even an uncontested) divorce. The date of divorce will be set to just six months after filing.
- Cheap. Divorce can be costly, especially because it can take months or years to nail down every issue. In a summary dissolution, the parties need only pay the filing fee and the fees for their respective lawyers. Because the process is simple and fast, your lawyers will not need to incur many billable hours, greatly reducing the legal fees as well as other court and litigation expenses.
- No court hearings. If all the documents and papers are filed appropriately, and the couple satisfies the requirements, there’s no need to go to court. The court will simply approve the dissolution and enter a judgment.
- Complete resolution and split. Summary dissolution requires the parties to address all marital property and debts, forego their right to spousal support (alimony), and their right to appeal. It’s not available if the couple shares any minor children (i.e., summary dissolution means no child custody or child support issues). Once the court’s judgment is entered, the parties are well and truly split, and they will likely have no legal ties left to create issues down the line.
How to Qualify for Summary Dissolution
Summary dissolution is not available for all married couples. Parties must satisfy certain, strict requirements in order to be eligible. For couples that are eligible, however, summary dissolution is a cheap, fast, and less contentious option for divorce.
The requirements for summary dissolution in California include the following:
- Both parties agree to divorce based on irreconcilable differences
- The parties agree to and sign a property settlement agreement accounting for all outstanding divorce-related issues (division of property and debts)
- Each spouse waives their right to appeal and their right to spousal support
- The couple has no shared minor children
- The couple has been married for less than five (5) years
- The couple does not own real estate
- The couple rents no land or structures beyond a residential lease
- The couple owes less than $6,000 in debts acquired during marriage, other than car loans
- The couple acquired less than $47,000 in property during the marriage, other than car loans, and each owns less than $47,000 separately
Talk to your California family law and divorce attorney about your options for divorce. If you are eligible for summary dissolution, your attorney will help you fill out the paperwork, identify any outstanding issues, and make sure the process is as quick and painless as can be.
Get Trusted Advice and Qualified Assistance Pursuing a Summary Dissolution in California
For seasoned, savvy, and economical help pursuing your summary dissolution or resolving other family law issues in California, contact a divorce and family law attorney at the Claremont offices of Blasser Law at 877-927-2181.