Articles

What is Summary Dissolution and How to Qualify for It?

by Mohajer L. Family Law Attorney Arcadia, CA
In a no-fault state like California, divorce and dissolution of marriage are the terms that are used interchangeably. People generally have confusion regarding the dissolution of marriage, divorce, and summary dissolution. However, the main thing is they all mean to end a marriage.

Divorce is considered a long, complicated and contentious process by many people. Due to this most people prefer summary dissolution. A family law attorney can be hired by a couple an individual to help them in ending their marriage through the summary dissolution.

What is Summary dissolution?
Summary dissolution is just like a divorce. However, it is an easier way to end a marriage than the dissolution of marriage or a divorce. In order to qualify for the summary dissolution, the couple has to meet some requirements. It a process that presents a solution in cases where the marriages are short and involve few complications. Those spouses who are on the same page considered summary dissolution as the best option for ending their marriage.

Cost-effective:-
Summary dissolution is a cost-effective way to dissolve a marriage or get divorced. It is an option in particular circumstances only, as not every couple usually qualifies for it. So before applying for the summary dissolution, it is essential for the couple to identify that either they are eligible for it or not.

How to qualify for it?

Length of marriage:-
The summary dissolution is intended only for shorter marriages. To be eligible for it, the couple must be married for less than 5 years. If the couple has been married for more than 5 years, then they need to follow the traditional divorce route. The time period is counted from the day of the wedding to the date of separation.

Children:-
The next eligibility requirement for summary dissolution concerns the children. Those couples who have children are considered non-eligible for summary dissolution. This eligibility requirement includes both biological as well as adopted children. Even those who have a child on the way/ who is pregnant also disqualify from following this path. Those who have no children together, or don’t have an adopted child under the age of 18, can apply for this process.

Residency:-
To qualify for summary dissolution the couple needs to meet the residency requirements. At least one partner must have been a resident of California for at least 6 months and in the county where the couple plan to file for their divorce for the last 3 months. When none of them was the resident of California for the last 6 months then they are considered non-eligible for the summary dissolution.

Property division:-
In any divorce process, the division of property plays a major role. Splitting up the shared assets during the separation not only just takes time but also becomes contentious. To be eligible for summary dissolution the couple has to be on the same page. So for this, they have to sign an agreement that details that how their community property, as well as debt, will be divided. The division of property for summary dissolution includes everything such as how retirement benefits will be broken up, who will get the TV, who will have the custody of the pets, etc.

Spousal support:-
Generally, in divorce cases, the court orders spousal support, to help a non-earning or less earning spouse meet financial needs. This support can be either temporary or indefinitely. Even many people hire family law attorneys to get the maximum support in the form of alimony and secure their future. But to qualify for a summary dissolution, it is essential for the couple to agree that none of them will ever get the alimony.

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About Mohajer L. Freshman   Family Law Attorney Arcadia, CA

2 connections, 0 recommendations, 26 honor points.
Joined APSense since, February 27th, 2020, From Arcadia, United States.

Created on May 18th 2021 00:33. Viewed 426 times.

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