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Posts

Is Summary Dissolution Right for You?

March 1, 2011/in Family Law /by David Patton

If you are looking for a simplified divorce process, you may be interested in learning more about summary dissolution.  Summary dissolution involves less paperwork and you do not have to appear in court.  However, you must meet certain conditions before you qualify for a summary dissolution.

First, you and your spouse must have agreed in writing to a division of your assets and debts.  In addition, you must have been married for five years or less, and have no children from the relationship.  Neither party may own a home or real estate, the value of the community property must be less than $25,000, and combined debts must not exceed $6,000.  Both partners must also waive spousal support.

If you meet the requirements, a summary dissolution may be appropriate for your situation.  Both spouses must agree to all of the terms of a summary dissolution.  In addition, either spouse may cancel the summary dissolution for any reason before the dissolution is final.

For more information on summary dissolution, please contact our Bay Area divorce attorneys at Lonich Patton Erlich Policastri.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2011-03-01 13:37:092021-12-22 21:53:00Is Summary Dissolution Right for You?

What is Summary Dissolution?

February 25, 2011/in Family Law /by Mitchell Ehrlich

Summary dissolution is a California divorce procedure that allows couples meeting certain qualifications to divorce quickly and simply.  Some of the qualifications for a summary dissolution are discussed below.

In order to qualify for summary dissolution, the couple must have been married for no more than five years.  Prior to filing for summary dissolution, at least one of the spouses must have been a resident of California for at least 6 months and a resident in the county where the dissolution was filed for at least 3 months.

In addition, “irreconcilable differences” must have caused the breakdown in the marriage.  The couple must have no minor children.  This means that no child of the relationship was born before or during their marriage.  Also, the wife (to the best of her knowledge) must not be pregnant, and the couple must not have adopted any children during their marriage.  However, the couple may have adult children.

In order to qualify, the couple also must not have any real property interests other than short term leases.  Therefore, couples who own homes are not eligible for summary dissolution.  The couple may only have a maximum of $6,000 in unpaid debts incurred by either or both parties during the marriage.  This number, however, does not include the balance left on a debt from an automobile purchase.

If a couple qualifies for summary dissolution, they can proceed with a divorce without having to appear in court.  However, because there is no trial or hearing in a summary dissolution, couples do not have the right to appeal the case or to ask for a new trial (since there was no trial).  For couples who do not qualify for summary dissolution, they may proceed to obtain a divorce through the regular dissolution process.  Under the regular dissolution process, couples may ask for a court hearing or a trial.  If either party is unsatisfied with the judge’s final decision at trial, he or she may appeal the decision to a higher court.

For more information about California divorce or to find out about all of the summary dissolution requirements, please contact our San Jose divorce attorneys at Lonich Patton Erlich Policastri.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2011-02-25 09:45:332021-12-22 21:53:20What is Summary Dissolution?
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Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

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