What is Summary Dissolution?

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.