Summary Dissolution Lawyer San Ramon

For qualifying couples, summary dissolution offers a quicker, simpler alternative to traditional divorce. At the Law Office of Peter Tuann, we guide clients through the eligibility requirements and legal process to ensure a hassle-free resolution. If you believe you qualify, contact us at (925) 824-3118 for a free consultation with an experienced summary dissolution lawyer in San Ramon.

What You Need to Know About Filing for a Summary Dissolution in California

When it comes to ending a marriage in California, there are several methods available, depending on the circumstances. For couples who meet specific requirements, a summary dissolution can offer a simpler and quicker path to divorce. This process is less formal and typically involves less paperwork, making it ideal for those with no children and relatively few assets or debts. However, there are specific eligibility criteria that must be met to take advantage of this option.

If you’re considering filing for a summary dissolution, understanding the steps involved is crucial. While this method can save time and reduce stress, it’s important to know whether you qualify and how to navigate the process properly. 

Understanding Summary Dissolution

Summary dissolution is a simplified form of divorce available to couples who meet certain conditions. Unlike a traditional dissolution, which can involve court hearings and contested matters, a summary dissolution involves less paperwork and typically does not require an appearance in court.

The key advantage of summary dissolution is that it is often faster and more cost-effective. This process can be a good option for couples who have been married for a short period, have few assets, and agree on all key issues. While it may not be suitable for everyone, it is worth considering if you qualify and want to avoid the complications of a traditional divorce.

Eligibility Requirements 

Before you decide to file for a summary dissolution, you need to determine whether you meet the eligibility requirements. California law sets clear criteria for who can use this process. The following conditions must be met:

• Short-Term Marriage: The couple must have been married for no more than five years at the time of filing.
• No Children: The couple must not have any children together, whether biological or adopted, during the marriage or after.
• No Significant Property or Debts: The couple must not own real estate and must have less than $45,000 in personal property (excluding cars). Additionally, they should have less than $6,000 in debt that was incurred during the marriage.
• Mutual Agreement: Both spouses must agree to the divorce and the terms of the dissolution, including property division and the lack of support or maintenance.
• Residency Requirements: At least one spouse must have lived in California for the last six months, and in the county where the divorce is filed for at least three months.

If you meet these conditions, a summary dissolution can be a good option. If you do not qualify, you may need to pursue a regular divorce, which can involve more complex procedures.

Step-by-Step Guide to Filing for Summary Dissolution

If you meet the eligibility requirements for a summary dissolution, the next step is to file the necessary paperwork. Below are the essential steps to guide you through the process.

Step 1: Complete the Necessary Forms

The first step in the summary dissolution process is to complete the required forms. These forms include:

• Petition for Summary Dissolution (Form FL-800): This form is the main document that initiates the divorce process. It provides basic information about the marriage and includes a request to the court to dissolve the marriage.
• Summary Dissolution Information (Form FL-810): This form provides more detailed information about the marriage, including assets, debts, and any agreements regarding property division and support.
• Property Declaration (Form FL-815): This form outlines the couple’s property and debts and how they plan to divide them. It is important that both spouses agree on how to handle these issues.

These forms can be found on the California courts website or at your local family law court. It’s essential to fill them out accurately, as mistakes can delay the process.

Step 2: Agree on Property and Debt Division

Before filing for summary dissolution, you and your spouse must reach a mutual agreement about how to divide your property and debts. This includes:

• Assets: This may include bank accounts, retirement accounts, vehicles, and any personal property. Both spouses must agree on who gets what.
• Debts: Any debts acquired during the marriage, such as credit card debt or loans, must also be divided. Like assets, both parties must agree on who will be responsible for paying each debt.

Both spouses must sign the Property Declaration (Form FL-815) to confirm their agreement on the division of property and debts. It’s important to be as thorough as possible when listing assets and liabilities to avoid future disputes.

Step 3: File the Forms with the Court

Once you’ve completed the necessary paperwork, the next step is to file it with the court. You can file the forms at the family law court in the county where you or your spouse have lived for the last three months.

There is a filing fee, but it may be waived if you can demonstrate financial hardship. To file, you’ll need to submit the Petition for Summary Dissolution, the Summary Dissolution Information form, and the Property Declaration, along with any other supporting documents required by the court.

Once your forms are submitted, the court clerk will review the paperwork to ensure that everything is in order. If there are no issues, the court will process your dissolution and move the case forward.

Step 4: Wait for the Six-Month Waiting Period

California law requires a mandatory waiting period of six months from the date the petition is filed before the divorce can be finalized. During this period, either spouse may change their mind about the dissolution. The court will not grant the divorce until the waiting period has passed.

It’s important to note that if either spouse withdraws consent during this time, the summary dissolution process will not be valid. At that point, the couple will have to pursue a regular divorce.

Step 5: Finalize the Divorce

Once the six-month waiting period has passed, the couple can finalize the divorce by submitting a Judgment of Dissolution (Form FL-825). This document officially dissolves the marriage. If both parties agree on all terms, the court will typically issue the judgment without requiring a court hearing.

If everything is in order and both spouses have complied with the necessary steps, the divorce will be finalized. The court will then issue a final judgment, and you will receive a copy of the dissolution decree. From that point, you are legally divorced.

Additional Considerations

• Legal Advice: Although the summary dissolution process is simpler, it’s still important to consult with an attorney if you have any questions or concerns. Even if you are in agreement with your spouse, an attorney can help ensure that the paperwork is accurate and that your rights are protected. 
• Children and Support: If you have children or there are spousal support issues, summary dissolution is not an option. In those cases, you will need to pursue a regular divorce, which involves more complex paperwork and court proceedings.

Filing for a summary dissolution in California can be a straightforward way to end a marriage when both parties agree on the terms. It offers a simplified process that can save time and money compared to a traditional divorce. However, it’s important to make sure you meet the eligibility criteria and follow all required steps to ensure a smooth process.

Take the Next Step with a Reliable Summary Dissolution Attorney

By carefully completing the necessary forms, reaching agreements on property division and debts, and following the legal process, you can navigate a summary dissolution successfully. If you’re considering this route, consulting with an experienced family law attorney can help you ensure everything is handled properly and that your rights are fully protected. The Law Office of Peter Tuann provides guidance to ensure all paperwork is correctly completed and filed. If you’re ready to move forward, call (925) 824-3118 for a free consultation with a skilled summary dissolution attorney today.