What is a summary dissolution?
A summary dissolution is a type of divorce that you can use when there is a short marriage, little property and debt, agreement for how to divide your property and debt, no minor children, and no spousal support. This type of divorce saves money by having only one filing fee required and does not require you to go to court.
Who qualifies for a summary dissolution?
- A marriage or domestic partnership of less than five years from the date of marriage/partnership to the date of separation
- No children under the age of 18
- Neither party is pregnant
- Neither party owns any real property (land or buildings)
- Neither party has a lease for a home that lasts longer than one year from the date of filing
- Neither party wants spousal support
- All community property is less than $41,000 (this does not include cars)
- All separate property is less than $41,000 (this does not include cars)
- All community debt is less than $6,000 (this does not include cars)
What is required for a summary dissolution?
- At least one party has lived in California for at least 6 months and the county where the dissolution is filed for at least 3 months (there are some exceptions for same-sex couples)
- An agreement between the parties that divides all property and debt
- Both parties sign the petition and all other forms needed
- The parties exchange FL-150s
- The parties exchange either FL-142s or Summary Dissolution worksheets
- The parties must exchange tax returns for the previous two years
- The 6 month and 1-day waiting period before the divorce is complete is still in effect
- Either party can ask to stop the summary dissolution prior to the judgment being entered
- By filing a summary dissolution, you give up your right to an appeal or new trial
- There are very limited reasons to set aside the judgment once it is granted
Do you qualify for a summary dissolution? Have questions about summary dissolutions or any divorce? Contact Romanovska Law to learn more.