Do I Qualify For Summary Divorce in Los Angeles? | Los Angeles Divorce

Posted by Tim Blankenship on

 

Do I Qualify For Summary Divorce in Los Angeles?

Divorce can be a daunting process, but in Los Angeles, there’s a streamlined option known as summary divorce. If you find yourself in a situation where this applies, understanding the qualifications and benefits can make the process much easier. Let’s dive into what summary divorce entails and how you can determine if you qualify for it.

What is Summary Divorce?

Summary divorce is designed for couples who have a relatively simple situation and want to end their marriage quickly and with minimal hassle. It combines several steps into one streamlined process, making it an attractive option for those who meet the requirements.

This method is particularly beneficial as it simplifies the paperwork and reduces the need for multiple filings, which can save time and money. However, it’s not available to everyone, and that’s where understanding the qualifications comes into play.

How to Navigate the Summary Divorce Process

The first step in determining if you qualify for a summary divorce is to visit our local divorce websites. Regardless of where you are in Los Angeles, you can find the information you need. By clicking on the legal resources tab, you’ll access a wealth of information about the divorce process.

After navigating to the summary dissolution section, you’ll find detailed guidelines on what it takes to qualify for this expedited divorce option.

Qualifications for Summary Divorce

To qualify for a summary divorce in Los Angeles, you and your spouse must meet specific criteria:

  • Marriage Duration: You must have been married for less than five years. It’s essential to note that the timeline is calculated from the date of marriage to the date of separation, not the current date.
  • No Children: You cannot have any children together, nor can you be expecting children.
  • No Real Property: Neither spouse can own land or property. Renting is acceptable, but you cannot have any ownership in real estate.
  • Debt Limit: The couple must not owe more than $6,000 in debts incurred during the marriage. However, car loans do not count towards this limit.
  • Property Limit: The total value of community property acquired during the marriage must not exceed $38,000. This excludes vehicles but includes items like bank accounts and personal property.
  • Separate Property: Neither spouse can have separate property valued over $38,000.
  • Spousal Support Waiver: Both spouses must agree to waive any rights to spousal support.
  • Signed Agreement: You need to enter into a signed agreement that divides your property and debts amicably.

Benefits of Summary Divorce

Choosing a summary divorce has several advantages:

  • Simplified Process: It merges the summons and petition into a single joint form, streamlining the process significantly.
  • Fewer Fees: There’s only one filing fee, which can save you money compared to the traditional divorce route.
  • Less Disclosure Required: The summary divorce process requires less financial disclosure than a regular divorce, which can simplify your paperwork.
  • Faster Resolution: With fewer steps involved, you can expect a quicker resolution to your divorce.

Filing for Summary Divorce

The filing process for a summary divorce involves several steps:

  1. Gather all necessary financial information and documentation.
  2. Complete the required forms accurately.
  3. File the forms with the court and pay the filing fee.
  4. Ensure both spouses read and sign the Summary Dissolution Information form, which outlines rights and obligations.

It’s crucial to double-check that all forms are correctly filled out and that you attach any supporting documents, like bank statements or tax returns. Missing or incorrect information can delay your case or lead to rejection by the court.

Cost of Summary Divorce

The cost to file for a summary divorce typically ranges from $435 to $450. However, if you’re facing financial difficulties, you might qualify for a fee waiver. Speak to the court clerk about the Request to Waive Court Fees form if you believe you can’t afford the filing fee.

Timeline for Summary Divorce

Once you file for summary divorce, there’s a mandatory six-month waiting period before the court can grant the dissolution. After this period, if all forms and documents are in order, you can expect the court to finalize your divorce without needing to attend a hearing.

What If One Spouse Changes Their Mind?

During the six-month waiting period, either spouse can change their mind about proceeding with the summary divorce. If this happens, you must file a Notice of Revocation of Petition for Summary Dissolution, which effectively halts the process. Should you still wish to end the marriage, a regular divorce must then be filed.

Do You Need a Lawyer for Summary Divorce?

While you are not required to have a lawyer for a summary divorce, having one can be beneficial. The process, although simplified, still involves numerous forms and requirements. A lawyer can help ensure that everything is completed correctly and that all necessary documents are filed appropriately.

If you have concerns about the process or specific terms of your divorce, consulting a lawyer might be the best route to take.

Conclusion

Summary divorce offers a faster, simpler way to end a marriage in Los Angeles, provided you meet the qualifications. If you believe you qualify, take the time to review the requirements and consider reaching out to a legal document assistant for assistance. This can save you both time and stress as you navigate through the divorce process. If you have any questions or need help, don’t hesitate to contact us for professional assistance.

Remember, divorce is a significant step, and understanding your options can make all the difference. Good luck!

 

Understanding Summary Divorce in California | California Divorce

Posted by Tim Blankenship on

 

Understanding Summary Divorce in California

Divorce can be a complicated and emotionally charged process. In California, there’s an option known as summary divorce, which is designed to simplify the proceedings for those who meet certain criteria. This blog post will delve into what a summary divorce entails, the qualifications you need to meet, and the benefits associated with this streamlined process. By the end of this article, you’ll have a clearer understanding of whether summary divorce is the right choice for you.

What is Summary Divorce?

Summary divorce, also known as summary dissolution, is a simplified divorce process available to couples in California who meet specific criteria. This option is designed to make the divorce process less burdensome and more efficient for those who have a relatively uncomplicated marital situation. Unlike traditional divorce proceedings, which can be lengthy and complex, summary divorce combines several steps into one filing.

Who Qualifies for Summary Divorce?

To determine if you qualify for summary divorce in California, you need to meet several specific requirements. Below is a comprehensive list of the criteria you must satisfy:

  • Duration of Marriage: You must have been married for less than five years. The time frame is calculated from the date of marriage to the date of separation. It’s essential to note that if you’ve been separated for an extended period, it’s the separation date that counts.
  • No Children: You cannot have any children together. This criterion ensures that the divorce process remains straightforward, as child custody and support issues can complicate proceedings.
  • No Property or Debts: You and your spouse should not own any real estate or rental properties. Additionally, any debts accrued during the marriage must not exceed $6,000. Notably, car loans do not count towards this debt limit, which is a significant consideration for many couples.
  • Property Value: The total value of property acquired during the marriage should be less than $38,000. This figure includes all assets, excluding separate property.
  • No Spousal Support: Both parties must agree that neither spouse will seek spousal support in the future. This mutual agreement is crucial for moving forward with a summary divorce.
  • Signed Agreement: You must enter into a signed agreement that divides any shared property and debts. This agreement is vital as it outlines how you’ll handle your financial obligations post-divorce.

The Process of Summary Divorce

Filing for summary divorce is significantly more straightforward than a traditional divorce. Here’s a step-by-step look at what the process entails:

  1. Joint Filing: Unlike traditional divorces that require separate filings for the petition and response, summary divorce allows both spouses to file using a joint form. This form serves as both the summons and the response, simplifying the paperwork significantly.
  2. Less Disclosure: The summary divorce process typically requires less financial disclosure, which can reduce the stress and complexity of the process.
  3. Single Filing Fee: You’ll only need to pay one filing fee, unlike the traditional process, which often requires multiple fees. This can save you time and money.

Benefits of Summary Divorce

Opting for a summary divorce comes with several advantages that can make the process smoother and less daunting:

  • Simplicity: The streamlined process reduces the amount of paperwork and complexity involved in the divorce, making it easier for couples to navigate.
  • Speed: Summary divorce is typically quicker than traditional divorce proceedings, allowing couples to finalize their divorce sooner.
  • Cost-Effective: With lower fees and reduced legal costs, summary divorce can be a more affordable option for couples looking to part ways.
  • Less Stress: The simplified nature of summary divorce can help reduce the emotional stress often associated with more complicated divorce proceedings.

How to Get Started

If you believe you qualify for summary divorce based on the criteria outlined above, the next step is to gather the necessary documentation and complete the required forms. Here’s how you can initiate the process:

  1. Visit the Legal Resources: Go to the Divorce661 website or any of the associated local area websites. These resources provide valuable information about the divorce process and the forms you’ll need.
  2. Complete the Forms: Fill out the necessary forms for summary dissolution. Ensure that all information is accurate and complete to avoid delays.
  3. File the Forms: Submit your completed forms to the appropriate court. Make sure to keep copies for your records.
  4. Attend Any Required Hearings: In some cases, you may need to attend a brief court hearing. Be prepared to present your case and answer any questions the judge may have.

Conclusion

Summary divorce can be a fantastic option for couples looking to end their marriage quickly and with minimal complications. By meeting the necessary qualifications and following the streamlined process, you can simplify your divorce journey. If you have further questions or need assistance with the paperwork, don’t hesitate to reach out to a licensed legal document preparation service. They can help guide you through the process and ensure that everything is completed correctly.

Remember, while divorce can be challenging, understanding your options and knowing what to expect can empower you to make informed decisions. If you qualify for summary divorce, take advantage of this opportunity to move forward with your life in a more manageable way.

 

Don’t File A Summary Divorce – Los Angeles Divorce

Posted by Tim Blankenship on

I keep reading articles and watching videos from companies who say that summary divorce is the way to go. The fact of the matter is that you don't want to file for a summary divorce. I am going to tell you why.

But first, let's talk about why others in the industry say it is the way to go. Others will tell you that it is an easier way of getting divorced. That there is less paperwork, and it is a faster process. I totally disagree with this assessment.

The paperwork you need to complete in a summary divorce is no less than a regular divorce. The paperwork is just different. The paperwork is not any easier either. If you have never completed any of the divorce paperwork before, either way is going to be just as confusing and difficult.

And here is the kicker….

SUMMARY DIVORCE IS TWICE AS EXPENSIVE

That's right. Summary divorce is going to cost you twice as much money to file as it will if you just do a standard divorce.

Why? Because a summary divorce is what is considered a “Joint Petition”. This means that both of you are the Petitioner. You have Petitioner #1 and Petitioner #2. This is instead of there being a Petitioner and Respondent.

On the summary divorce, because it is a joint petition, YOU BOTH HAVE TO PAY THE FILING FEE!

This means that instead of paying the $435 filing fee, you now have to pay $870!

This is not the case on a standard divorce. In a regular divorce, only one party has to pay the filing fee. The other party will simply not file a response and not have to pay the filing fee.

If you were going to file a summary divorce, you know you have to be in total agreement from the beginning. If you are in agreement to get divorced and to the terms of the divorce, you can decide who is going to file and who will not respond and default.

It is called a hybrid divorce which simply means that one party filed, the other party did not respond, but you are proceeding by agreement and both parties will sign the judgment.

For more information about hybrid divorce cases, you can search our site or check out our youtube channel where we cover it in great detail.

We are a licensed and bonded legal document preparation firms that specializes in divorce in Los Angeles County. We are headquartered in Santa Clarita, CA and serve all the courts in Los Angeles.