As we’ve discussed plenty of times on here, divorce is a complicated and lengthy process that can lead to unpredictable outcomes. Simply put, no one enjoys the legal process of getting a divorce. This often leads to clients asking us about a fast lane. Are there any options for couples who are looking to expedite their divorce in CA, or is everyone stuck on the same typical proceedings?
Assuming you’re opting for a traditional divorce and not a different legal process altogether, the answer is yes – but only in some cases. Today, we’re taking a look at summary dissolutions, discussing the requirements that make a couple an ideal candidate for this process, and considering some of the potential downsides that come with the convenience.
Requirements for Getting a Summary Dissolution in CA
A summary dissolution lets you avoid court appearances and is effectively as simple as submitting the proper documentation to the family law courts in CA. However, not just anyone can apply for this type of expedited divorce. California law dictates that the following must be true before you can proceed with a summary dissolution:
- The marriage must be less than five years old
- The couple must have no children together
- The couple must not have any joint ownership in real estate or other large assets
- Both partners must be willing to waive spousal support and agree on most (if not all) divorce terms
If the decision to pursue a divorce is unanimous, and if these criteria apply, then you’re eligible for a summary dissolution. At this point, getting out of the marriage is as simple as filing a joint petition, no court appearances required.
Expediting Divorce: Not Always the Answer!
If the circumstances align just right, a summary dissolution is certainly quick and convenient. However, we highly recommend against rushing the divorce process in most cases. Remember that the legal ramifications of a divorce are significant. Even when there are no kids or large assets involved, it pays to consult with a qualified divorce attorney first to explore your options.
If you have your doubts or concerns about even the smallest of issues, or are worried that the soon-to-be-ex is taking extra steps to protect his/her interests, a summary dissolution could be a mistake!
Explore your options by consulting with a skilled family law attorney. Learn more about this topic, as well as all other issues involving divorce and family law in CA, by speaking with us at R & S Law Group, LLP. Call us today to schedule a free initial appointment!