Couples who wish to obtain a divorce quickly may be able to file for a “summary divorce”. This is a simplified process, which involves less paperwork and a lot less time. In some jurisdictions, the parties are not required to appear in court. Each state has their own criteria the couple must meet in order to qualify for this type of divorce, along with certain residency requirements.
A Quicker Process for Divorce
A summary divorce can save the couple both time and money, but they must meet specific requirements, which will vary in each state. The most typical examples are:
- The couple has been married for a short time, usually five years or less
- There are no minor children produced by the marriage
- There is not significant real property to split
- The total value of all marital property is less than a certain amount, i.e. not more than $35,000 (excluding motor vehicles)
- The total value of each spouse’s separate property is not worth more than $25,000
- Both spouses agree not to seek spousal support
One of the requirements in the State of California is that the couple does not have any adopted children under the age of 18 and the wife is not pregnant at the time they file. Other states often require that the spouse’s debts must be less than $5,000. The couple must prepare a written statement outlining how they will be dividing all community property, debts and assets. There may be a waiting period before the couple is actually divorced.
What is the Downside?
Any couple who is considering summary divorce as an option should be aware of some of the risks and rights they may be relinquishing. For example:
- Any alien who obtained permanent residency by marrying a U.S. Citizen may be deported if they get a divorce within two years of marriage.
- In states where all marital assets are considered community property, the spouse who earned the most money or acquired the most property during the marriage will have much more to lose.
- All debts acquired during the marriage, whether they are in one person’s name or both their names, will be the responsibility of both parties. This means that if a debt remains unpaid by one spouse, the other person may be obligated to pay it.
Waiving the right to receive spousal support may not be a good choice if one party has been financially dependent on the other during the marriage.
Why to Seek Legal Advice
Whenever you are considering a major life change, it’s always a smart idea to get an expert opinion. Family law attorneys can review your specific case and determine what type of divorce may be best for your particular situation. While a summary divorce may be a quick way out of a bad marriage, it does have its’ drawbacks.
