A Summary Dissolution is Quicker Than a Typical Divorce, but There are Strict Guidelines as to Who Can Obtain One.
A Summary Dissolution is a quicker and easier way to get divorced or end a domestic partnership. However, not every marriage will qualify for a Summary Dissolution. You and your spouse must agree to all the terms before you may petition the court for a Summary Dissolution. Some of the main requirements for this type of divorce are:
You have been married or partners for less than 5 years
You have no children together, and no one is pregnant
You do not own or lease real estate. There is an exception for leases if you rent the home or apartment you live in, and the lease expires within a year of filing for a divorce
You owe less than $6,000 in debts acquired between the wedding date and the day you split up. Car loans are exempt from this calculation.
You do not have more than $47,000 of marital assets (community property), excluding the value of any cars.
You each did not have more than $47,000 in assets before marriage (separate property). This also includes any separate property you acquired during the marriage, i.e., an inheritance, a monetary gift explicitly made to one spouse, a settlement or jury award from a personal injury case. (This is not a complete list of what may be considered separate property)
You agree that neither spouse will ever get spousal support.
Have signed an agreement that divides your property
A Summary Dissolution is still a divorce, so you will be bound to the residency requirements and the 6 month waiting period before the divorce can be finalized.
Either spouse can stop the Summary Dissolution at any time during the 6 month waiting period. Once the request to cancel the Summary Dissolution is granted, the Summary Dissolution is invalidated. If one or both spouses still wish to proceed with a divorce, they may proceed by filing for a standard divorce.
As California is a no-fault state, either spouse may file for a divorce for any reason, and the other spouse cannot stop the process.
Summary Dissolution in San Jose can be a complicated matter.
The Law Office of James Chau, P.C., represents clients in San Jose, California, and all surrounding areas.
For more information and to schedule a personal consultation with the Law Offices of James Chau, P.C., don't hesitate to contact us online or call our San Jose, California office at (408) 899-8364.