When a marriage fails, and the couple agrees to end it amicably, they can benefit greatly from summary dissolution. This works only when the couple agrees to divorce privately and respectfully, without conflict. They can agree on critical matters like property division, child support, and alimony, which can prolong the divorce process and lead to irreparable differences in the end.
However, this process only works if the couple meets a particular legal criterion. A skilled divorce attorney can help you understand the criteria and determine your eligibility if this is a process you want to explore. They will also prepare the necessary documents and help you file a successful petition in court, ensuring a smooth, quick process.
An Overview of Summary Dissolution
Summary dissolution is a simple, faster, and inexpensive way to divorce. It works for marriages and domestic partnerships when both parties agree to end their relationship amicably. You can avoid lengthy court proceedings and the uncertainty of court hearings, and can be free to start afresh in six months. However, couples must qualify for summary dissolution to consider it when their marriage or domestic partnership fails. There are strict requirements you must meet, and particular documents you must file to start the process. You can do this with the help of a competent divorce attorney.
Generally, summary dissolution benefits couples who have agreed to end their marriage or domestic partnerships. If you are still fighting with your partner over your differences, this will not work for you. You must also not have been married for prolonged periods, as that could complicate the process.
If summary dissolution works for you, you will enjoy a more simplified process of ending a failed marriage. You can fill out and file one form with your partner, detailing your requirements, and seeking the court’s permission to dissolve the marriage or partnership. The judge will receive and review the petition and give the final verdict without holding a hearing. Since it is fast and requires few processes, summary dissolution is cost-effective. Also, since both parties filed the documents, you lose your right to an appeal.
It is important to take time to understand how this works before considering it for yourself. Talking to a skilled attorney beforehand ensures you have all the information needed to make an informed decision. You can also speak to an attorney together with your partner to determine your suitability for summary dissolution. Consider both the benefits and disadvantages of this process to avoid making a regrettable mistake.
The Requirements for Summary Dissolution
Remember that California family courts do not grant summary dissolution to all couples wishing to end their marriage. You have to meet strict requirements to file a summary dissolution petition with a court. The judge must also review your paperwork to grant or deny the petition. According to Section 2400 of California Family Law, these are the requirements you must satisfy to file a summary dissolution petition in the state:
The Marriage Should be 5 Years or Younger
Summary dissolution works best for young marriages or domestic partnerships. If you have been together for five years or less, you can consider this process to end a failed partnership. The date counts from the day you got married or registered your domestic partnership to the date of your separation.
No Children Involved
Summary dissolution works best if there are no children in a marriage or domestic partnership. When children are involved, the court must consider their best interests, which can prolong the divorce process. Additionally, determining a child's best interests may require one or more hearings. In this case, there should be no biological or adopted children involved. You should also not be expecting a child.
No Real Estate Ownership Interests
A summary dissolution will work if neither of the divorcing partners has any particular interest in a real estate property, or any property for that matter, whether in or out of the state, inherited property, or a partial interest. The goal must only be to end the partnership or marriage so that the couple can start life afresh.
No Long-Term Property Engagements
If you have leased a property together and one or both partners live in it, the lease must be short-term. Most preferably, it should end within a year after filing for divorce. The agreement must also not include a possibility to buy the property.
Reasonable Community Property
If you have acquired property together, it must not exceed a specified amount (which is revised periodically). A manageable value of community property makes it easy for the couple to decide what to do with it before their marriage dissolves.
Note: community property, in this case, does not include vehicles.
Reasonable Separate Property
You must also demonstrate that you do not own much in separate property (the amount is revised periodically). If you both do not own much, it will be easy to end a marriage without personal interests getting in the way. This also excludes vehicles.
Reasonable Community Obligations
If you have debts, they must not exceed $7000 during the filing (the amount is revised periodically). Community obligations do not include vehicle loans.
No Alimony
You must both agree to waive your rights to alimony during the filing and in the future.
Total Financial Disclosures
You must both exchange and complete your full financial disclosures.
Additionally, one partner must be a resident of California for at least six months, and of the county where you are filing the petition for at least three months.
Exceptions to these requirements, in summary dissolution, are very limited. This means that you must try your best to meet all the requirements before filing to avoid a denial.
The Step-by-Step Process
If you agree with your partner to end your marriage or partnership, and choose summary dissolution, there is a process you must follow to achieve this successfully. You should familiarize yourself with this process with the help of a skilled divorce attorney to ensure you are prepared for all eventualities. The process starts with ensuring that you qualify for summary dissolution. You can go through the requirements with your partner to ensure that you meet all criteria. Once that is done, prepare for the following:
Reading the Summary Dissolution Booklet
California courts provide a detailed summary dissolution booklet for all the information you need before filing your petition. You must read the booklet with your partner, and confirm that you understand it. The booklet FL-810 contains all the information you need about this type of marriage dissolution and the requirements. Ask your attorney for clarification if any parts of the booklet are unclear to you.
Exchanging Financial Information
Take time to review each other’s financial information to avoid emerging issues once you file for a divorce. Both of you must complete Form FL-150 for the income and expenses declaration. This highlights your financial situation before the divorce. You can use the form provided in the summary dissolution booklet or the regular one provided in divorce cases.
Signing Property Settlement Agreement
You must also sign an agreement that lists all your properties, including community and separate properties. The written agreement must distinguish between community and separate assets and obligations. A signed copy of this agreement will be attached to the final judgment that the court will provide after granting your petition. If you have no assets or debts, this step will not be necessary.
Filing a Joint Summary Dissolution Petition
Remember that summary dissolution is most effective when two partners agree to end their marriage. In this case, you must file a joint petition with the court. The petition, FL-800, must be carefully filled out to improve your chances of receiving a positive outcome from the court. You should file it with the family court, together with all signed agreements and copies of any other required documents. The judge will review the petition and the attached paperwork to give the final verdict.
Pay The Required Filing Fee
A filing fee is required and must be paid during the filing process. The amount depends on the filing time and your county, and is revised periodically. You must find out what is expected of you beforehand, so you will be prepared to pay once your paperwork is ready for filing. Fortunately, a fee waiver is available if you qualify. You can apply for a waiver if the amount is unaffordable for you.
The Waiting Period
Once you submit all the required documents, you must wait for at least six months for the judge to give the final judgment. Your marriage or partnership is legal until this happens. During the waiting period, you or your partner can revoke the dissolution by filing a revocation form with the same court. This will stop the process. If the other partner still wants to divorce, they must submit a regular marriage dissolution case with the court.
The Difference Between Summary Dissolution and Traditional Divorce
Remember that summary dissolution works well when a marriage has been short, and there are no significant financial or legal ties. Traditional divorce is recommended, and could be your only choice under the following circumstances:
- When one or both partners own real properties
- When finances are near or beyond the set limits, careful consideration is needed before a marriage ends.
- If there are expected disagreements, for example, about the separation date, community, and personal property
- Waiving alimony feels risky because of the differences in your income or the sacrifices you have made to support the other partner’s career growth.
- If you want all the tools you can get for an amicable dissolution of your marriage, including lengthy court appearances and court proceedings
- If you feel as if you are losing more than your partner if you go for summary dissolution
- If there are children involved
When a marriage or domestic partnership is no longer working, the couple should at least weigh their options before choosing the divorce process they want. Understanding the key differences between the two options available is critical in decision-making.
The two processes significantly differ in eligibility and requirements. Remember that, in summary dissolution, a marriage must have lasted for no more than 5 years. The couple must not have any children together, and must not be pregnant during the dissolution. They should also not have significant community or separate property and must not have significant interests in each other’s assets or debts. If you do not meet this criterion, your only choice of divorce would be the traditional divorce. This can happen when you have children, and your marriage has lasted more than five years.
The two options also differ in their processes and procedures. In summary dissolution, the couple must file a joint petition to the court, and attach signed agreements. A traditional divorce requires a petitioner to file a case, and the other partner to be served with the divorce papers. You must undergo mandatory financial disclosures in the presence of your attorneys and a judge. The final judgment occurs after a series of processes and hearings, culminating in a final agreement. If the couple does not agree on critical matters, the judge gives the final ruling, based on the couple’s best interests.
Summary dissolutions take the least time possible. You could be divorced within six months of filing your petition in court. This is different from traditional divorces, which can drag on for years. Traditional divorces take longer because many issues must be resolved before the judge issues a final judgment. This also means that traditional divorces are more costly. You must retain a lawyer for a long time for advice, support, help, and legal representation.
In summary dissolutions, you waive your right to an appeal, even when circumstances change after the divorce. This is not true for traditional divorces. The couple retains their rights to appeal or petition the court to amend the divorce settlement.
The Cost of Summary Dissolutions
The cost is one of the requirements you should prepare for before filing a summary dissolution petition. The filing fee for a joint summary dissolution is usually the same as the fee for filing a regular divorce petition. The fee varies from one county to another. It is also revised periodically. Thus, you should determine the actual fee in advance to prepare for filing.
Remember that you can apply for a waiver if the amount is unaffordable to you. You must provide valid reasons for applying or a waiver for your request to be granted. You must also wait for the fee to be waived before you can file your petition.
Typically, the amount ranges between $435 and $450. One partner can qualify for a waiver, meaning the other partner must pay the full fee. Once you pay this fee, you will not incur any other cost during the filing process.
However, you could incur additional costs for certified copies once the final judgment is out. You may need copies for record-keeping, benefits, or a name change. Also, you will incur legal fees if you hire a divorce attorney for advice, legal guidance, and assistance. You do not need an attorney for legal representation since summary dissolutions do not require a hearing.
Can a Summary Dissolution Be a Trap?
Many people choose summary dissolutions because they are faster and cheaper, and do not take time to understand their downsides. Before making the final decisions on the kind of divorce you should go for, take time to learn as much as you can about the process. Talk to a skilled divorce attorney for guidance. Your attorney will ensure you know everything, including the setbacks.
One of the greatest setbacks you should consider is that you give up some of the most significant legal rights when you agree to a summary dissolution. For example, you give up your right to spousal support, which is a significant risk, especially if you are not already well established financially. The income gap between you and your partner can significantly change after the divorce, causing you to regret waiving your right to alimony.
You also waive your right to an appeal. This means that even when circumstances change between you, you cannot appeal the final judgment. You must be well prepared for any eventuality when you agree to summary dissolution.
Find a Skilled Divorce Attorney Near Me
If, after a few years of marriage or domestic partnership, you want to end your relationship in San Diego, you can talk to your partner about summary dissolution. It is important for both of you to understand what it entails and to agree on critical matters, such as finances, to proceed. A skilled divorce attorney can help you review your situation, understand all the information about summary dissolution, and guide you through the filing process.
At San Diego Divorce Attorney, we provide all the information about summary dissolution to ensure you understand it well before making the final decision. We also discuss your needs and the possible changes that could occur after the divorce to ensure you understand what you are getting yourself into. Once you and your partner are in agreement, we help you sign the required agreements and complete the filing process. Call us at 858-529-5150 if this is something you are considering, and our competent attorneys can learn more about it.
