In California, a summary dissolution is a simple way to get a divorce, providing the possibility of avoiding a trial in court. However, not every couple can use a summary dissolution to get a divorce. Before proceeding with a summary dissolution, you will need to determine if you qualify. Information related to the factors that qualify a couple for a divorce through the summary dissolution procedure can often be found through your local superior courthouse or through its website. Common criteria for summary dissolution in California involve couples who:
• Do not have children together
• Were married for a short period of time
• Do not own a lot of property
• Do not have a lot of debt
• Agree on how property and debts will be divided after marriage
• Lived in California for the last 6 months
• Lived in the county of filing for the last 3 months
Once you determine that you qualify, you will want to read the Summary Dissolution Booklet provided by the superior court in your county. The Summary Dissolution Booklet helps you understand the summary dissolution process and provides that you swear under penalty of perjury that you have read and understood the material. After you read the booklet, you will want to identify the appropriate superior court in California in which to file for the summary dissolution. Typically, the appropriate court is determined by where you and your spouse currently live. To execute a summary dissolution in California, the appropriate forms must be prepared, such as a Joint Petition for Summary Dissolution of Marriage and a property settlement agreement describing how property and debt will be divided. Once the appropriate forms are prepared, you may file with the superior court clerk in your county. After filing the papers for the summary dissolution, there is a 6-month waiting period before the summary dissolution can be completed. Once the waiting period is up, the summary dissolution may be completed by completing and filing a Request for Judgment with the court.
Whether you are planning to retain an attorney for a summary dissolution, or planning to proceed on your own, you would be wise to consult a California divorce or family law attorney to make certain that you meet all the criteria for a summary dissolution, to ensure that the appropriate forms are completed, and to guide you on the proper procedures.
About the Author
Steven Carlson, The Custody Coach™
http://www.childcustodycoach.com/
