Is Summary Dissolution the Right Choice for You? | Los Angeles Divorce

Posted by Tim Blankenship on

 

Is Summary Dissolution the Right Choice for You?

Divorce can be a complex and daunting process, but it doesn’t have to be. If you’re considering ending your marriage in California, you might want to explore the option of Summary Dissolution. This streamlined process can save you time and money, but it’s not for everyone. Let’s dive into what Summary Dissolution is, who qualifies, and when it might not be the best choice for your situation.

Understanding Summary Dissolution

Summary Dissolution is a simplified divorce process designed to make the legal separation as quick and painless as possible. It is typically faster and cheaper than traditional divorce proceedings, making it an appealing option for many couples. However, there are specific criteria that must be met to qualify for this streamlined process.

What Makes Summary Dissolution Different?

One of the most significant differences between Summary Dissolution and a standard divorce is the amount of paperwork involved. Summary Dissolution requires much less documentation, and perhaps most importantly, there are no court hearings. This means you can finalize your divorce without ever stepping into a courtroom, which can be a major relief for many.

Additionally, couples opting for Summary Dissolution often find that they can resolve their divorce in a matter of months rather than the lengthy process that can come with traditional divorces. This can be especially beneficial for those looking to move on quickly and efficiently.

Who Qualifies for Summary Dissolution?

Not everyone will qualify for Summary Dissolution, so it’s essential to understand the specific requirements. Here’s a breakdown of who may be eligible:

  • Marital Duration: You must have been married for less than five years.
  • No Children: If you have children together, you will need to file for a standard divorce.
  • No Real Estate: You cannot own any real estate, including houses, condos, or land.
  • Community Debts: Your shared debts must be under $6,000, excluding car loans.
  • Combined Assets: Your combined assets must be under $47,000. If you have higher assets, a regular divorce will be necessary.
  • Spousal Support Waiver: Both spouses must agree to waive any spousal support (alimony).
  • Agreement on Property and Debt Division: Both parties must agree on how to divide property and debt.

Meeting these requirements can significantly ease the divorce process. For example, we recently assisted a couple who initially thought they needed to go through the full divorce process. They had no children, no real estate, and minimal assets, which allowed them to qualify for Summary Dissolution. We were able to help them finalize their divorce quickly and affordably, saving them both time and money.

When Summary Dissolution Might Not Be the Best Choice

While Summary Dissolution can be a great option for many, there are circumstances in which it may not be the best fit. Here are some situations to consider:

  • Ownership of Real Estate: If you own any real estate or have significant assets or debts, you will need to explore a traditional divorce process.
  • Need for Spousal Support: If either spouse requires spousal support or if there are financial disagreements, Summary Dissolution is not suitable.
  • Disagreements on Terms: If you and your spouse do not agree on all terms, Summary Dissolution will not work.

It’s crucial to have open communication with your spouse about your situation and intentions. If there are unresolved issues, a standard divorce may be necessary to ensure that everything is handled properly.

What to Expect During the Process

Even though Summary Dissolution is faster than traditional divorce, it’s important to know that California still requires a six-month waiting period before your divorce is finalized. This means that while the paperwork may be handled quickly, you will still need to wait for this mandatory time frame.

At Divorce661, we make the process as seamless as possible. We handle all paperwork and court filings, so you don’t have to worry about navigating the legal system on your own. Our flat-fee pricing means that you won’t be hit with unexpected attorney fees, making it easier to budget for your divorce.

Why Choose Divorce661?

When it comes to navigating divorce, you want a team that understands the ins and outs of the process. Here’s why you should consider Divorce661:

  • All Paperwork Managed: We take care of all the necessary documentation, ensuring nothing is overlooked.
  • Flat-Fee Pricing: Our transparent pricing structure means you won’t face unexpected costs.
  • 100% Remote Service: Finalize your divorce from the comfort of your home without needing to visit a courtroom.
  • E-Filing Available: We offer electronic filing options for faster processing.

If you think you might qualify for Summary Dissolution, don’t hesitate to reach out. We offer free consultations to help you determine your eligibility and guide you through the process.

Final Thoughts

Deciding to end a marriage is never easy, but understanding your options can make the process smoother. Summary Dissolution offers a quicker, more affordable path for those who qualify. By meeting the specific requirements and ensuring both parties are in agreement, you can save time, money, and stress in your divorce journey.

Whether you’re ready to move forward or still have questions, we’re here to help. Contact Divorce661 for a free consultation today, and let’s explore the best path for your unique situation.

Remember, divorce doesn’t have to be complicated. With the right support, you can navigate this transition with confidence and peace of mind.

 

Understanding Summary Dissolutions in California: A Cautionary Tale | California Divorce

Posted by Tim Blankenship on

 

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.

 

Why Summary Dissolutions Are a Great Option in California | Los Angeles Divorce

Posted by Tim Blankenship on

 

Why Summary Dissolutions Are a Great Option in California

When considering the end of a marriage, many people look for the quickest and most cost-effective ways to dissolve their union. One of the best options available is the summary dissolution process, especially for couples who meet specific criteria. This blog will explore the ins and outs of summary dissolutions, including who qualifies, the benefits, and the steps involved in the process.

What Is a Summary Dissolution?

A summary dissolution is a streamlined process for ending a marriage in California. Unlike a traditional divorce, which can involve extensive paperwork and court appearances, a summary dissolution is designed for couples who have reached an amicable agreement regarding their separation. This process is particularly suitable for those who meet specific eligibility criteria, making it a popular choice for couples seeking a quick resolution.

Who Qualifies for a Summary Dissolution?

To utilize the summary dissolution process, couples must meet certain qualifications. Here are the essential criteria:

  • Short-Term Marriage: The couple must have been married for less than five years.
  • No Children: The couple must not have minor children together or be expecting any children.
  • No Significant Assets or Debts: Couples should not own real property and must have limited community property and debts.
  • Mutual Agreement: Both parties must agree to the dissolution and the terms of the separation.

Meeting these requirements makes the summary dissolution process a feasible option for many couples looking to move on without the complexities of a traditional divorce.

Benefits of Summary Dissolution

Choosing a summary dissolution offers several advantages, particularly for couples who meet the qualifications. Here are some of the key benefits:

  • Cost-Effective: The filing fees for summary dissolution are typically lower than those for traditional divorce proceedings.
  • Less Paperwork: The process involves significantly less paperwork, reducing the time and effort needed to complete the divorce.
  • Quick Resolution: Couples can finalize their divorce without lengthy court appearances, allowing them to move on with their lives more swiftly.
  • Amicable Process: Since both parties agree on the terms, the process is generally more amicable, reducing stress and conflict.

The Summary Dissolution Process

Understanding the process for filing a summary dissolution is crucial for couples considering this option. Here’s a step-by-step guide:

Step 1: Determine Eligibility

Before proceeding, couples should ensure they meet all the eligibility requirements for a summary dissolution. This includes confirming the length of marriage, absence of children, and the status of assets and debts.

Step 2: Complete Required Forms

Couples will need to fill out specific forms for summary dissolution, including a petition for summary dissolution and a property settlement agreement. It’s essential to provide accurate and complete information to avoid delays.

Step 3: File the Forms

Once the forms are completed, they must be filed with the court in the appropriate jurisdiction. Couples should be prepared to pay the filing fee, which typically ranges from $435 to $450.

Step 4: Wait for the Six-Month Period

California law mandates a six-month waiting period after filing for a summary dissolution. During this time, the couple should ensure that all required documents are submitted and that there are no disputes regarding the terms of the dissolution.

Step 5: Finalize the Dissolution

After the six-month waiting period, if all requirements have been met and no one has revoked the petition, the court will grant the summary dissolution. Couples will receive a final judgment, officially ending their marriage.

What Happens if One Spouse Changes Their Mind?

During the waiting period, either spouse has the option to change their mind about proceeding with the summary dissolution. If this occurs, they must file a Notice of Revocation of the Petition for Summary Dissolution with the court, effectively halting the process.

If one spouse revokes the petition, the couple will need to pursue a traditional divorce if they still wish to end their marriage. It’s crucial to consult with legal counsel to understand the implications and next steps in this scenario.

Do You Need a Lawyer for Summary Dissolution?

While it’s not a requirement to hire a lawyer for a summary dissolution, it can be beneficial. Couples who are unsure about the process or have questions regarding their specific situation may find it helpful to consult with a divorce attorney. An attorney can assist with completing the necessary forms, ensuring all documents are filed correctly, and providing guidance throughout the process.

If both parties agree on the terms of the dissolution and feel confident in their ability to navigate the paperwork, they may choose to proceed without legal representation. However, having an attorney can help avoid potential pitfalls and ensure a smoother process.

Conclusion

For couples seeking a fast and efficient way to end their marriage, summary dissolution can be an excellent option—provided they meet the necessary qualifications. With its cost-effective nature, reduced paperwork, and amicable approach, summary dissolution allows couples to move on with their lives more quickly.

If you believe you qualify for a summary dissolution and want to explore this option further, consider reaching out for guidance. Understanding the requirements and the process can help you make informed decisions about your future.

At Divorce661, we specialize in helping couples navigate the summary dissolution process smoothly. Contact us today to find out if summary dissolution is right for you!

Why Summary Dissolution Is Not Right For You | California Divorce

Posted by Tim Blankenship on

Why Summary Dissolution Is Not Right For You | California Divorce

Have you heard of a Summary Divorce?  It is often touted as an easy way to get divorced if you qualify.   It is also referred to as a cheaper way of getting divorced.  Neither of these statements are true.

We have covered what the qualifications are to using a summary divorce in other articles.  We are not going to cover those again here.  What we are going to do is discuss why using a summary dissolution is not right for you, even if you qualify.

First, let’s talk about the paperwork.  The divorce forms in a summary dissolution are not any easier for you if you are not familiar with how divorce works in the first place.  So if you are thinking about completing your own divorce, it is going to be just as confusing and difficult either way.

The next myth is that the summary dissolution process is less expensive.  In fact, the summary divorce is actually twice as expensive!  How is this, you say?  If you look at a normal divorce petition, there is only one Petitioner.   When the Petitioner files for divorce, he or she will pay the filing fee.  The filing fee in LA County is $435 and most of California follows suit or is higher.

The summary dissolution is actually called, “Joint Petition For Summary Dissolution”.  Joint as in both of you are Petitioner’s.  Joint as in both of you are going to pay a filing fee!

Yes, you heard that right.  If you file for summary dissolution, both you and your spouse have to pay a filing fee.  That just doubled your costs.

With a regular default case or hybrid style divorce, you are going to pay only one filing fee.  That is because in a hybrid or default, the other party does not file a response.

Don’t fall prey to being convinced to  use a summary dissolution.  I got a call yesterday from a client who stated he wanted to file a summary dissolution and had read up on it.  He had no idea it was going to cost him twice as much.

We specialize in California divorce and can assist you with preparing your divorce forms at an affordable price.