Almost every country has a defined set of rules for getting divorced, which is usually lengthy and extremely complicated. The rules involve lots of paperwork and frequent appearances in the court for the trial. Also, the process is costly due to the paperwork and involvement of an experienced divorce lawyer as it’s difficult without a professional to present before the court.
But things are a bit different in California. Here, you can file the petition and get divorced with a shorter version of the process known as Summary Dissolution. The best part of this short and not-so-complicated process is you can do it yourself or hire a legal aid divorce assistant instead of an attorney.
Specific requirements to qualify for summary dissolution in California
- You and your spouse should agree on filing a summary dissolution because disagreement of any partner can reject the case.
- You or your spouse must be a resident of California for at least 6 months and a resident of the country where divorce is being filed for at least 3 months.
- You shouldn’t have children together and no adopted children below 18 years. Also, your wife shouldn’t be pregnant during the time of filing the divorce case.
- You should be married for less than 5 years because summary dissolution is typically for short-term marriages.
- Neither you nor your spouse should own real property. You can lease but it should end within a year from the date of filing the summary dissolution petition.
- None of you should incur more than $6000 in debt since the beginning of your marriage. Some excluded debts are car payments.
- None of you should have a separate property of more than $38000. It includes the property before the marriage and after separation and gifts received during your marriage.
- You and your spouse shouldn’t have disagreements regarding the division of belongings and debts. You both should sign a property settlement agreement.
- You should waive your right to spousal support (alimony) and your right to appeal after the entry of court in the summary dissolution.
- Last, you should read, understand and sign a Summary Dissolution Booklet provided by California courts.
Exception in summary dissolution
It’s for same-sex married couples. If the couple has got married in California but is living in a state (states) that does not dissolve the same-sex marriage, they can file in California to end their marriage. There is no need to fulfill the residency requirement.
Steps to file a summary dissolution
The process to file a summary dissolution is explained in Summary Dissolution Information, also known as form FL-810 issued by California courts. The process starts with the filing of a Joint petition and continues with series of forms explained in form FL-810. Just remember, file the petition in the right country.
A legal aid divorce assistant is of great help because he knows the forms and other details thoroughly.
Waiting Period in summary dissolution
After filing the petition for summary dissolution, you have to wait for six months. It’s time to rethink your action. After six months, the court enters and passes the judgment to dissolve your marriage based on the documents submitted. With that, you will be free to remarry.
Summary dissolution is a way to end the marriage with mutual consent. It’s a cost-effective process with no or little complications. You just need to follow the defined rules for filing summary dissolution.