Summary Dissolution

For some California couples there is an easier, quicker way to end a marriage: summary dissolution. If you end your marriage this way, you will not need to see a judge. Even though summary dissolution is much less involved than a full divorce, the laws are still very complex. Anyone considering a summary dissolution can benefit from seeking the advice of an experienced Oceanside divorce lawyer.

If summary dissolution sounds like an appealing option, it’s important to know that not all spouses qualify for this process. Because much of the complexity of a normal divorce is removed, the requirements are stricter. To qualify for a summary dissolution, you must both:

• Have been in your marriage or domestic partnership for less than five years;
• Have no children together that were born or adopted before or during the marriage or partnership;
• Not share between you any debt greater than $6000 (excluding car payments);
• Not own, rent, or otherwise have shared interest in any real estate, including houses, apartments, condos, and so forth;
• Have acquired less than $38,000 worth of property during the marriage or partnership, including property you own separately;
• Have prepared and signed an agreement clarifying exactly how your debts and property are to be divided;
• Agree that neither of you will seek partner support (such as alimony) from the other;
• And, as with all divorces in California, one or both of you must have lived in California for at least six months prior to filing.

If you meet all of these requirements, you will then be able to file the paperwork. As part of this process, you are legally required to read an information booklet under penalty of perjury (available at your courthouse, or online from the California Courts Self-Help Center). This booklet includes some general information and worksheets.

Contact Us

For help understanding the process and requirements of summary dissolution, preparing your information, and submitting your paperwork, contact the Oceanside divorce lawyers of Fischer & Van Thiel, LLP at 760-722-7646.