A summary dissolution is a quick and easy method for way for registered domestic partners or married couples to legally end their marriage. A summary dissolution is the same thing as a divorce, but requires less paperwork and less time.
Author: Brad Nakase, Attorney
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Dissolution is just another word for a divorce. Traditional divorces involve a long, drawn-out process involving a lot of time, paperwork, and money. There is, however, another option available to certain qualifying couples.
A summary dissolution is a simpler, shorter, and cheaper divorce process. A couple may qualify for a summary dissolution if they have been married for a short period, have no children, and possess few assets or debts. Unlike a regular divorce, a summary dissolution does not require the couple to have a trial in court. Nor is it necessary for either partner to have a lawyer.
While summary dissolution is an excellent option for some couples seeking a divorce, California has strict guidelines regarding who is eligible. A couple must fulfill each of the following requirements in order to be eligible for a summary dissolution:
Example: After Carlos has an affair with a woman he met on vacation in Ibiza, his wife Jennifer demands a summary dissolution because of irreconcilable differences. Carlos, however, owns a cattle ranch in Bakersfield. Because Carlos owns property valued at more than $40,000, the couple is not eligible for a Summary Dissolution. Jennifer then hires a lawyer to pursue a traditional divorce.
Another Example: Two years ago, Romeo married his wife Juliet after a three-day romance in Verona, Italy. For the last six months, the young couple has been living in a West Covina apartment in Los Angeles County. After Romeo gets into an explosive fight with Juliet’s cousin, Juliet requests a summary dissolution. Romeo agrees, cursing the stars for his fate. They are eligible for the dissolution because: they have mutually agreed to the dissolution, they meet the residency requirements, and neither has assets valued at more than $40,000. When the dissolution is granted, Juliet celebrates with a glass of Chianti and a spa day.
A California couple that wants a summary dissolution must first file a joint petition that states:
The couple must also fill out other documents that detail their income, property, and finances:
When the couple is prepared to submit their dissolution paperwork, as a final step they must complete a settlement agreement. It is important that they make copies of all their paperwork because the county superior court will request the originals. When the couple submits their paperwork, they will have to pay a filing fee, though this may be waived if requested.
At the county court, the couple will deliver the petition, documents, and fee to the court clerk. They should also provide two self-addressed, stamped envelopes (one for each spouse).
If all the necessary requirements are met, the court judge will issue a dissolution and notice of entry. The notice of entry will list the divorce date as six months after the summary dissolution was filed. Once the dissolution and notice of entry are issued, either party is free to remarry.
As no trial is required for a summary dissolution in California, a couple may receive their summary dissolution as soon as the day they file their documents, or at a later date by mail.
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