A No-Fault Divorce Attorney Explains Your Options in California
Santa Barbara County lawyer helps determine if summary dissolution is right for you
At McCleary (Mac) H. Sanborn, III, Attorney at Law we think it’s important for you to know that you have options when you decide to end your marriage or domestic partnership in California. You may qualify for a summary dissolution, an alternative to traditional divorce. This process allows you to obtain your no-fault divorce much more easily, which can save you a great deal of emotional stress. Summary dissolution is an option for couples dissolving any type of marriage or domestic partnership.
How can I end my marriage through summary dissolution?
A summary dissolution allows certain married couples to finalize their divorce much more quickly than is possible through traditional divorce. Be aware that a summary dissolution is in fact a divorce and not a legal separation. To qualify for a summary dissolution, you and your spouse must meet all of the following requirements:
- Have been married for fewer than five years
- Have no natural or adopted children together
- Own no land or building property
- Owe less than $6,000 total in shared debts, not including car loans
- Have less than $38,000 worth of community property, not including cars
- Own less than $38,000 in separate property, not including cars
- Agree that no spouse receive spousal support at any time
- Sign a contract that fairly divides your property and debts, including cars
- One spouse must have lived in California for six months prior to divorce and have lived in the county where you will file for summary dissolution three months prior
If you meet all of these requirements, you qualify for a summary dissolution and can contact your county clerk to begin filing the necessary forms.
What is the process of summary dissolution for ending domestic partnerships?
Filing for a summary dissolution to end your domestic partnership involves the same requirements and procedures as those for traditional marriage, with two distinctions:
- Domestic partnerships registered in California do not have to meet residency requirements
- Both partners must want to dissolve the partnership