Summary Dissolution

The official word for divorce in California is Dissolution. There are two (2) ways of getting a divorce, or dissolution in California, to wit:

  1. Regular Dissolution; or
  2. Summary Dissolution.

A Summary Dissolution is much easier and faster than a Regular Dissolution, but a Summary Dissolution is only available to couples who met the following criteria set forth in Family Code section 2400:

  1. Have no children together [no children born to parties during marriage, no adopted children under 18, and no spouse is pregnant];
  2. Have only been married for a period of five (5) years or less;
  3. Have community property (excluding cars) that is not worth more than $41,000.00;
  4. Have community obligations (excluding cars) that are $6,000.00 or less;
  5. Do not have individual separate property worth more than $41,000.00;
  6. Do not have any interest in real property wherever situated, with the exception of the lease of a residence occupied by either party which satisfies the following requirements:
    1. The lease does not include an option to purchase.
    2. The lease terminates within one year from the date of the filing of the petition.
  7. Do not want spousal support or partner support from the other;
  8. Do not have no disagreements about the division of property and obligations; and
  9. Both agree to proceed with a Summary .Dissolution versus a Regular Dissolution.

As in the case of a Regular Dissolution, there is a residency requirement, as follows [unless an exception applies]: At least one of the spouses has lived in the State of California for at least six (6) months and has lived the County where they are filing for dissolution at least three (3) months prior to filing the Summary Dissolution action.

Generally, a Judgment of Summary Dissolution is entered six (6) months after the Joint Petition for Summary Dissolution is filed, so long as all of the paperwork is correctly submitted.

Newport Family Law & Mediation Group can assist you in evaluating your options when proceeding with a dissolution and determine the best course of action for you in light of the specific facts and circumstances of your case.

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