Friday, May 17, 2013

A quickie divorce in California? Sort of.

In California, the quickest you can be divorced is 6 months from the date the other person is served with the divorce papers. The easiest, maybe simplest way to get divorced is a summary dissolution, but that’s only available in certain types of cases. 

To qualify for a summary dissolution, you have to have been married less than 5 years, have no children born or adopted during the marriage or be currently pregnant. In addition, you have to have very limited community debt and asset amounts, and very limited amounts of separate property. If you meet all of the eligibility requirements and both agree to divorce, you can skip having to appear before a judge and you may be able to complete most or all of the paperwork yourself.


However, in order to figure out if summary dissolution is available to you, it is important to speak with a family lawyer who can go over very specifically what your circumstances are and what might be the easiest route to get you to the resolution you seek.  


If you have been married more than 5 years, have or adopted a child during the marriage, then summary dissolution is automatically off the table, regardless of the asset and debt amounts you may have.  Then you have the option of pursuing a contested or an uncontested divorce, depending the goals and outlook of both you and your spouse. If that’s your situation then a  discussion of separate and community property and custody arrangements and spousal and child support are in order. For that, you definitely need more than a self help solution but a discussion with a knowledgeable, seasoned family lawyer, who can inform, educate and guide you to making the best choices for yourself, your situation and your kids as well.  


So if you’re ready to talk about divorce or just want to get your toes wet in the water and talk generally about what can or may happen, or just need some questions answered, please keep the Riverside County LRS in mind and call us at (951) 682-7520. We’re here to help.

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