Dissolution of Marriage vs. Summary Dissolution
What is the difference between Dissolution of Marriage and Summary Dissolution?
Dissolution of Marriage is the standard divorce procedure in California.
Summary Dissolution is a specialized process created to simplify divorce proceedings in very limited cases of short-term marriages (i.e. less than 5 years) in California. This process allows parties to bypass the standard divorce proceedings, which can be lengthy and costly, by simply completing and filing a handful of forms. [1]
What are the requirements for a marriage to qualify for a Summary Dissolution?
Summary Dissolution is applicable to a very limited number of cases. To qualify for Summary Dissolution, the parties must meet ALL of the following requirements:
Short Term Marriage
Your marriage has lasted less than 5 years, from Date of Marriage to Date of Separation.
Want to be Divorced
The parties want to be divorced.
Irreconcilable Differences
The parties agree that irreconcilable differences are the cause of the irremediable breakdown of the marriage.
Jurisdiction
One party has lived in California for at least 6-months, and in the county of filing for at least 3-months; OR
You are a same-sex couple that was married in California but are no longer residents of California, and neither party lives in a state that will allow same-sex couples to divorce, and are filing in the county in which you were married.
Children
You have NO children together.
No biological children;
No adopted (minor) children; and
Neither of you is currently pregnant (to your knowledge).
Assets & Debts
Real Property –
Neither party owns or has any interest in any real property.
This excludes a residential lease which either party currently occupies that (1) does not include an option to purchase, and (2) which terminates in less than one year from the date of filing the petition for Summary Dissolution.
Debts –
The parties have NO unpaid debts in excess of $7,000 incurred during the marriage.
This excludes debts related to automobiles.
Community Property Assets –
The fair market value of the parties’ community property assets is less than $53,000.
This excludes the value related to automobiles.
Separate Property Assets –
The total fair market value of either parties’ separate property assets is less than $53,000.
This excludes the value related to automobiles.
Division of Property –
The parties have come to an agreement to divide their assets and debts.
Spousal Support Waiver
The parties agree to forever give up their respective rights to spousal support from the other.
Appeal Waiver
The parties agree to give up their respective rights to appeal and to move for a new trial after the Judgment has been filed.
Summary Dissolution Brochure
The parties have read and understand the Summary Dissolution Information brochure (FL-810).
[1][2][3]
What are the benefits of Summary Dissolution as compared to the standard divorce process?
The benefits of filing for Summary Dissolution, if you qualify, include but may not be limited to: fewer (if no) court appearances, likely reduced legal fees (if you hire an attorney), and a likely shorter timeline to finalize your divorce.
What are the similarities between Summary Dissolution and the standard divorce process?
While there are many procedural differences between Summary Dissolution and the standard divorce process, there are a few mandatory requirements for divorce that will still apply to a Summary Dissolution. Some of the similarities include, but may not be limited to: California’s 6-month “Cooling Off” Period, and exchanging financial disclosures (i.e. Income & Expense Declaration and Property Declarations).
Can we file for Summary Dissolution if we plan to utilize Mediation for our divorce?
YES – You can utilize Meditation to help you prepare and file for Summary Dissolution. In fact, Summary Dissolution necessitates collaboration between the parties, as evidenced by the fact that the Petition for Summary Dissolution is filed jointly, and that the parties must have a written and executed agreement regarding division of property.
A qualified mediator can assist in assessing whether the parties qualify for Summary Dissolution, prepare the required paperwork to be jointly filed, as well as facilitate thoughtful negotiations regarding division of property.
Lea M. Nemeth, PC is dedicated to helping you achieve the best possible outcome for your particular circumstance. Book a Consultation today to learn more about how Mediation can benefit you and your loved ones.
Related FAQs:
Can I utilize Summary Dissolution to be Legally Separated?
No, Summary Dissolution is only available for divorce. Please see our article on Legal Separation vs. Divorce for more information.
Does California’s 6-month “Cooling Off” Period apply to Summary Dissolution?
Yes, Summary Dissolution results in the termination of marital status, and therefore the California 6-month “Cooling Off” Period applies. Please see our article on California’s 6-month “Cooling Off” Period for more information.
How do I know if my marriage was less than 5 years?
The length of marriage is calculated from the Date of Marriage to the Date of Separation. Please see our article on the Date of Separation for more information.
Footnotes
[1] See California Family Code § 2400
[2] See FL-800 Joint Petition for Summary Dissolution
[3] See FL-810 Summary Dissolution Information Booklet
