Understanding Summary Dissolutions in California: A Cautionary Tale

When it comes to ending a marriage, many people consider the option of a summary dissolution in California. It sounds appealing due to its perceived simplicity and speed, but there are pitfalls that can complicate the process. In this blog post, we’ll explore a recent case that illustrates some of these challenges and why summary dissolutions may not be the best choice for everyone.

What is a Summary Dissolution?

A summary dissolution is a streamlined process to end a marriage or domestic partnership, designed for couples who meet specific criteria. It’s less expensive and involves less paperwork than a standard divorce. However, not everyone qualifies. The requirements include:

• Both parties agree to the dissolution.
• The couple must have been married for less than 5 years.
• There are no children from the marriage.
• Neither spouse owns real estate.
• The couple’s combined debt is under a specific limit.
• There must be an agreement on how to divide property.

While these conditions may seem straightforward, failure to meet any one of them can lead to significant complications.

A Case Study: The Dangers of Incorrect Documentation

Recently, a woman reached out to me after her summary dissolution was rejected by the court. She believed she had completed the process correctly, but a mistake in her paperwork caused major setbacks. She had indicated that she was married for more than five years, which directly contradicts the eligibility criteria for a summary dissolution.

What happened was that she mistakenly listed the date she was filling out the forms as her date of separation instead of the actual date of separation. This error made it appear as if her marriage exceeded the five-year limit, leading to the rejection of her summary dissolution.

The Impact of Rejection

After her initial rejection, she amended her paperwork by correcting the date of separation. However, her second submission was also rejected. The judge expressed skepticism about her intentions, suspecting that she was merely trying to manipulate the dates to fit the summary dissolution criteria.

As a result of the court’s disbelief, she was instructed to file for a regular divorce instead. This transition is not just a minor inconvenience; it represents a significant setback in her divorce process.

The Consequences of Switching to Regular Divorce

Shifting from a summary dissolution to a regular divorce involves a complete overhaul of the paperwork. The woman had already progressed to the judgment stage with her summary dissolution but now had to:

• Complete all the standard divorce forms, including summons and petition.
• Serve her spouse with the new documents.
• Wait an additional 30 days before filing for judgment.
• Endure a mandatory 6-month waiting period from the date of service before the divorce could be finalized.

This entire process added months to her timeline, which was incredibly frustrating after she had already invested time and effort into the summary dissolution.

Lessons Learned: Why Summary Dissolutions Can Be Risky

This scenario highlights several reasons why I do not advocate for summary dissolutions:

• Complex Requirements: The eligibility criteria are strict, and any deviation can result in rejection.
• Paperwork Pitfalls: Incorrectly filled forms can lead to significant delays and complications.
• Judicial Skepticism: Courts may question the validity of amended submissions, leading to distrust and further complications.
• Time Consumption: Transitioning to a regular divorce significantly extends the timeline for finalizing the divorce.

Alternatives to Summary Dissolution

Given the challenges associated with summary dissolutions, what are the alternatives? Here are a few options to consider:

• Regular Divorce: While it may seem more daunting, the regular divorce process allows for more flexibility and less stringent eligibility requirements.
• Mediation: Couples can opt for mediation to negotiate terms amicably without going through the court system.
• Legal Separation: If a couple is unsure about divorce, legal separation can provide time and space to make that decision while still addressing issues like property and custody.

Conclusion

While a summary dissolution may appear to be a quick and easy way to end a marriage, the reality can be quite different. It’s crucial to understand the requirements and potential pitfalls before choosing this route. If you’re considering divorce in California, it may be beneficial to consult with a professional who can guide you through the process and help avoid costly mistakes.

If you need assistance with your divorce or have questions about your options, feel free to reach out. Remember, navigating divorce can be complex, but you don’t have to do it alone.