What is summary dissolution in California? It is the dissolution of a marriage when a joint petition is filed and divorce is completed without a court hearing. There are a number of eligibility requirements though. Give us a call at 1-877-963-9543 to schedule a free consultation and learn more about how to dissolve your marriage.
There are some disadvantages to summary dissolution. The most striking is that you do not have the right to appeal to a higher court if you are not happy with the final decision. In a regular divorce there is hearing or trial and it is possible to challenge the judge’s final decision. You can ask for a new trial or appeal to a higher court.
Eligibility requirements: (1) Both spouses are willing to sign the joint petition for the dissolution of the marriage and the marital termination agreement; (2) there are no children from the marriage and no current pregnancy; (3) you must both agree regarding the division of community property and community debts; (4) excluding vehicles loans your community debts and obligations are no more than $6,000; (5) the total value of your community property is less than $38,000, not counting the value of your vehicles; (6) you or your spouse have been a California resident for at least 6 months and the resident of the same county for at least 90 days before filing for divorce; (7) the total value of your separate property is not more than $38,000, not counting the value of your vehicles; (8) neither spouse owns any real property; (9) there cannot be more than five years between the date of marriage and the date of separation, the day of separation is when either of you intend to make a complete and final break to actions or conduct that furthers that intent such as moving out.
The most common barriers summary dissolution in California is not being able to agree on everything and having assets or debts in excess of the limitations mentioned above. A joint petition can be filed on your behalf, but either party may at any time change their mind by filing a notice of revocation of the petition. This is one of the disadvantages. You will then have to start over and file a normal petition for divorce. Summary dissolution in California is not for everyone even if you meet the qualifications. Please give us a call at 1-877-963-9543 to schedule a consultation.