Is Summary Dissolution the Right Choice for You?

Finalizing your divorce doesn’t have to mean stepping into a courtroom or wading through heaps of paperwork. If you’re looking for a quick and affordable way to end your marriage, summary dissolution might be the perfect option for you. This streamlined process is designed for couples who meet specific criteria, allowing them to bypass many of the complexities associated with traditional divorce methods. Let’s dive into what summary dissolution is, who qualifies, and how to navigate the process.

What is Summary Dissolution?

Summary dissolution is a simplified divorce process available in California for couples who meet specific eligibility criteria. Unlike traditional divorce, which can be lengthy and complicated, summary dissolution minimizes paperwork and court appearances, making it a faster and cheaper option. It results in the same legal outcome—a valid divorce decree—but with significantly less hassle.

Benefits of Summary Dissolution

Choosing summary dissolution comes with several advantages that can make the divorce process easier for both parties. Here are some key benefits:

• Reduced Costs: Because summary dissolution involves less paperwork and typically does not require legal representation, it is often much cheaper than a traditional divorce.
• Simplified Process: The steps involved in summary dissolution are straightforward, allowing couples to file with fewer legal forms and without the need for court hearings.
• Control Over Outcomes: Couples have more control over the terms of their divorce, as they agree on property division and other matters without court intervention.
• Privacy: Summary dissolution proceedings are less public than traditional divorces, helping to maintain confidentiality regarding personal matters.
• Lower Stress Levels: The simplified nature of the process can reduce stress and conflict, making it easier for couples to part on amicable terms.

Who Qualifies for Summary Dissolution?

To take advantage of summary dissolution, couples must meet specific criteria set forth by California law. Here’s what you need to know:

• Your marriage must have lasted less than five years.
• Neither spouse can have any children together, including adopted children.
• Neither spouse can be pregnant at the time of filing.
• Your combined community debts must be under $6,000, excluding car loans.
• Your total community property should not exceed $47,000 in value.
• Neither spouse should own or lease any real estate.
• Both parties must agree on how to divide property and debts.
• Both spouses must waive their rights to spousal support.
• At least one spouse must have lived in California for at least six months and in the county where the divorce is filed for at least three months.

When Summary Dissolution May Not Be the Best Choice

While summary dissolution is a great option for many, it’s not suitable for everyone. Here are some scenarios where this method may not be ideal:

• If you own real estate or have significant assets, a traditional divorce may be more appropriate.
• In cases where spousal support is necessary, summary dissolution cannot accommodate this need.
• If your financial situation is complex or there are disagreements over property division, a standard divorce process may be more beneficial.

How to File for Summary Dissolution

The filing process for summary dissolution is designed to be straightforward. Here’s how to navigate it:

1. Sign the Summary Dissolution Information Form

Start by signing the Summary Dissolution Information sheet, which outlines the rules and process you will follow. Both spouses need to read and sign this document.

2. Gather Financial Information

Each spouse must fill out and share the following forms:

• Income and Expense Declaration (FL-150)
• Declaration of Disclosure (FL-140)
• Schedule of Assets and Debts (FL-142)

These financial documents help ensure transparency between both parties and are essential for preparing your divorce settlement.

3. Work Toward an Agreement

Draft a Joint Petition for Summary Dissolution (FL-800), which is your official request for a simplified divorce. You will also need to prepare a Judgment of Dissolution and Notice of Entry of Judgment (FL-825), which requires minimal information and will be completed by the court.

4. Create a Property Agreement

It’s crucial to draft a written agreement detailing how you intend to divide marital property and debts. This document serves as your marital settlement agreement, so it’s important to be thorough and clear in your terms.

5. File With the Court

Bring your completed paperwork, along with two self-addressed envelopes, to your local county’s court clerk’s office. Pay the filing fee, which typically ranges from $435 to $450. If you cannot afford the fee, you may qualify for a waiver.

6. Wait for Six Months

After filing, there’s a mandatory six-month waiting period before your divorce can be finalized. During this time, either spouse can change their mind and file a notice to stop the summary dissolution process.

Costs Associated with Summary Dissolution

One of the most attractive aspects of summary dissolution is its affordability. The primary cost is the filing fee, which is about $435. For couples who may struggle with this fee, the court offers the possibility of a fee waiver based on financial hardship.

How Long Does Summary Dissolution Take?

In California, the entire summary dissolution process takes a minimum of six months due to the required waiting period. This timeframe begins once the Joint Petition is filed. If all paperwork is in order and there are no complications, the judge will typically finalize the divorce at the end of this period.

Final Thoughts

Summary dissolution offers a quick and efficient way to end a marriage for couples who meet the necessary criteria. If you find yourself in a situation where your marriage is relatively uncomplicated—without children, significant assets, or contentious disputes—this may be the right choice for you. Remember, however, that both parties must be in agreement on the terms of the divorce. If you’re unsure about your eligibility or how to proceed, consider reaching out for a free consultation to explore your options further. Taking the first step towards a simplified divorce can help you move forward with your life.