Summary Dissolution Versus Divorce in California: What’s The Difference? 2024

In California, couples have two choices when deciding to end their marriage: divorce or summary dissolution. You might wonder whether a summary dissolution versus a divorce in California is better. Although the two have the same goal, the processes, requirements, and implications are different. When deciding which is better for you, you should look at procedures, timelines, eligibility, costs, and post-dissolution circumstances.

Summary Dissolution

A faster, simplified, less expensive way to end a marriage is referred to as a summary dissolution. This marital breakup does not require a court appearance or lengthy legal process; however, it is only suitable for couples who meet very specific eligibility requirements. It is geared toward couples who have a relatively unproblematic and uncomplicated situation.

Eligibility Requirements for Summary Dissolution

Both parties must meet several criteria to qualify for summary dissolution in California, which include:

• No children. The couple may not have any biological or adoptive children to be eligible for summary dissolution in California.
• Length of marriage. From the date of marriage to the date of separation must not exceed five years.
• Minimal assets and debts. The couple’s combined debts and assets must not exceed $53,000. Neither spouse can own property or real estate aside from their vehicles.
• Residency requirement. Before filing the dissolution, both spouses must have lived in California for at least six months and must have lived in the county where they are filing for at least three months.
• Agreement on division of property and debts. The couple must agree on how to divide their property and debts, and there cannot be any dispute regarding spousal support.
• Mutual consent. Both spouses must be in agreement with the dissolution and be willing to sign and file the necessary paperwork together.

Summary Dissolution Process

Once the couple has determined they meet the eligibility requirements for a summary dissolution, the process is fairly simple and quick, only having to complete and file a series of documents in California court.

Because there are no trials or hearings, generally no legal counsel is necessary for a summary dissolution. The process is cost-effective and efficient. Couples who are eligible and choose this path will be able to part ways quickly with minimal expense. The steps of the process include:

1. Joint Petition for Summary Dissolution of Marriage. The couple will fill out a document that outlines their agreement to end the marriage and provides the necessary information regarding how they wish to divide their assets and debt.
2. Judgment of dissolution. After the petition has been filed and processed, the court will issue a judgment granting the dissolution.
3. Waiting period. The couple will then be required to wait for six months, in accordance with California law, before the dissolution can be finalized.

Divorce

When a couple does not meet the necessary requirements to go through a summary dissolution, they will have to choose a divorce in order to end their marriage. The legal process of divorce is typically much more complex than summary dissolution due to disputes over property, spousal support, and child custody.

Divorce typically requires some sort of legal counsel and can take months to years before it is finalized. The formal legal proceeding of divorce involves division of property, child custody agreements, spousal support, and child custody arrangements.

Eligibility for Divorce

Although there are eligibility requirements for a couple to be able to get a summary dissolution in California, any California married couple may get a divorce. However, several factors provide complications for this process.

• Residency requirements. The only real requirement for getting a divorce in California is that one of the spouses must have lived in California for at least six months and must have lived in the county they are filing for divorce for at least three months.
• Grounds for divorce. The couple does not have to provide grounds for divorce because California is a no-fault state, meaning either spouse does not have to prove that the other was at fault. The two major grounds for divorce that couples state in their petition are irreconcilable differences and incurable insanity, although the latter is incredibly difficult and complicated to prove.
• Disagreements over property and children. Oftentimes, especially those couples who have larger estates, find themselves at odds over property division and who should receive child custody and when.

They also tend to disagree over spousal support and child support. This will take the couple through negotiations, mediation, and potential trial to reach an agreement. This is why legal counsel is often recommended for a divorce.

The Divorce Process

1. Filing for divorce. The process begins when one spouse files a petition for the dissolution of marriage in California court. The petition will include any requests such as property, child custody, child support, spousal support, etc.
2. Response to divorce. The other spouse then has 30 days to respond to the petition, either agreeing on the divorce terms or contesting the divorce.
3. Discovery and negotiations. During this process, the spouses, with their legal counsel, will gather financial information and documents related to debts, assets, and income. Conversations and mediation will also occur over child custody, child support, and spousal support. The hope is that an agreement can be reached during this step.
4. Temporary orders. There are times when the court will release temporary orders regarding disputes while the divorce is ongoing.
5. Trial and settlement. If settlement is not possible, the spouses will take their sides of the arguments to court where a judge will listen to each argument about how all marital assets should be divided and key issues listed in the divorce documents.
6. Final judgment. If settlement is not possible, the judge will decide who gets what, and issue the official document or Judgment ending their marriage.

FAQs

Q: Is a Summary Dissolution Better Than a Divorce?

A: A summary dissolution may be considered better than divorce because it is cheaper and quicker. However, it is not for every couple. In order to be eligible for a summary dissolution, spouses must meet a number of requirements, such as being married for less than five years, having no children, and having no disputes on the division of property.

Q: What Is the Difference Between Divorce and Dissolution in California?

A: Dissolution of marriage is the legal term we use in California for divorce.

Q: What Is the Downside of Summary Dissolution?

A: There are a few downsides to summary dissolution. These include the strict eligibility requirements, as well as the fact it is completed without a trial or hearing so there is no way for either spouse to request an appeal.

Q: How Long Does Summary Dissolution Take in California?

A: In California, summary dissolution is a very quick process. After the couple has completed and filed the necessary paperwork, the court grants the dissolution six months later, and the ending of the marriage is then finalized.

Key Differences Between Summary Dissolution and Divorce

There are many key differences between summary dissolution and divorce in California. Summary dissolution is a much cheaper and quicker process, whereas divorce is much more complex, more expensive, and often includes the need for legal counsel. Both are valid within the state but geared toward very different situations.

If you are looking for assistance with the ending of your marriage, contact Cianci Law, PC, today. Creative Family Solutions is experienced with the dissolution of marriage and is ready to take you on as a client and provide you with assistance today.