Summary Dissolution
If couples can easily agree on how to split assets involved with the marriage and have not been married for an extensive period of time, summary dissolution is a perfect alternative over standard divorce. Summary dissolution is a shorter and easier method of going through the divorce process. No trial or court proceedings are involved; in fact, it is wholly possible (but not advised) to complete the summary dissolution process without even consulting a lawyer. Summary dissolution is an ideal choice for couples who:
- Have no children together
- Have been married for short (less than five years) time
- Don't own very much
- Don't owe very much
- Easily agree on how belongings and debts are to be distributed once the divorce is complete.
The biggest challenge in qualifying for summary dissolution is getting a couple that can agree on the distribution of assets and debts. If the couple can amicably and respectfully do this, then using summary dissolution can remove much of the stress and strain of the divorce process.
The most important part in the summary dissolution process is agreeing what falls into the following categories for future distribution:
- Community property: Everything that the couple owns together is considered community property. This includes money earned during the course of the marriage, as well as anything bought during that time frame.
- Separate property: Any property that is individually owned falls under the category of separate property. This includes anything owned prior to marriage, acquired after separation, or any gifts or inheritances received at any time.
- Community obligations: Community obligations are any debts that the husband and wife owe together. This commonly applies to debts acquired during the course of marriage, such as a jointly purchased car.
A couple can file a Joint Petition for Summary Dissolution up to the fifth anniversary of their marriage. There is a six-month wait between the filing of the Joint Petition and the final dissolution notice. During this period, either party can stop the process by filing a Notice of Revocation of Summary Dissolution Petition with the county clerk. Once the six-month waiting period expires, either party can complete the dissolution procedure by filing a Request for Final Judgment of Summary Dissolution with the county clerk.
We advise all couples choosing the summary dissolution process to work with an attorney. Despite the simplified nature of the process, there are still many legal issues to understand and documents to fill out. A trained legal advisor can answer any questions that arise and help the couple navigate the paperwork to ensure a smooth dissolution process. Because summary dissolution is a joint petition, it is generally acceptable for the couple to hire just one attorney to act as a coach for both sides throughout the process instead of one attorney representing each party.
Moschetti Family Law can help you through this difficult time. We are committed to helping individuals with the transition and ensuring they have the fair and equitable resolution. Call us at
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