Full question:
After being in a miserable marriage for over two years, I found a boyfriend who is everything I wanted in a man. I want to divorce my husband as soon as I can and move in with him. I spoke to a few of my colleagues who told me there is a simplified way of getting a divorce in the state of California. I want to know how I can get rid of my husband as soon as possible.
- Category: Divorce
- Date:
- State: California
Answer:
As far the information that your friend gave goes, it’s true. The state of California does have a simplified process of getting a divorce. The process is called summary dissolution. If the conditions for a summary dissolution are fulfilled, there is a substantially reduced amount of paperwork and appearing court can be avoided. As a prerequisite for this process, it is essential that some conditions must be fulfilled. They are given below:- The spouses should have agreed in writing regarding how the assets and debts shall be divided.
- The marriage subsisted for a period less than five years.
- No children were born during the marriage.
- Neither of the spouses owns a home or other real estate.
- The value of community property is less than $25000. It excludes automobiles.
- The value of neither spouse’s separate property exceeds $25000 excluding automobiles.
- The combined debt of the spouses does not exceed $4000, with the exception for an auto loan.
- Both spouses waive spousal support.
The spouses need to wait six months after filing their petition for summary dissolution. Once this time runs out, the court will enter a judgment that dissolves their marriage or domestic partnership. At that point, their marriage or domestic partnership is over and their property settlement agreement goes into effect. They are also free to remarry or enter a new domestic partnership.
It is also brought to your attention that this process is not without its disadvantages. Either of the spouses can stop the summary dissolution by filing a Notice of Revocation for Summary Dissolution within the six-month waiting period. They can file to revoke the summary dissolution and then re-file for a regular divorce. If they re-file within 90 days, then the time already spent during the waiting period applies to the time they must wait for a regular divorce.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
