Local

May 25, 2012

Legal Assistance Tip

Summary Dissolution - A simplified divorce process
by AFFTC Judge Advocate

Nobody gets married with the intention of later getting divorced. Unfortunately, divorce is one of the most common reasons why Airmen visit Legal Assistance.

If you or your spouse is a resident of California (have lived in California for the last six months, and for at least three months in the county where you plan to file), provided certain conditions are met, you may be able to file for an expedited divorce using a simplified process called a “Summary Dissolution.” To qualify for this process, the following conditions must be met:

  • Have been married for less than five years
  • Have no children
  • Do not own any real estate
  • Are not leasing any real estate, other than your current residence
  • Between you and your spouse, do not have more than $6,000 in debts that were incurred since getting married (not including vehicle loans)
  • Between you and your spouse, have not acquired more than $38,000 in personal property and belongings (not including vehicles) since getting married
  • Neither you, nor your spouse, have separate personal property (property that was acquired before the marriage, or as a gift or inheritance while married) worth more than $38,000 (not including vehicles)
  • Both you and your spouse agree that neither person will receive spousal support when the marriage ends
  • Both you and your spouse have signed or are willing to sign an agreement, which divides all property and debts

The main advantages to a summary dissolution are a shorter application package and a much shorter period for approval – the summary dissolution application can be considered immediately, without a hearing, compared to the standard divorce process, which cannot be considered for final approval until as least six months after the time of filing. Additional information about California divorces and the necessary forms (available as fillable PDFs) may be found at the California Courts Self-Help Website at: http://www.courts.ca.gov/selfhelp-divorce.htm.

For more information, call the Base Legal Office at (661) 277-4310.

Legal Assistance attorneys are available 10-11 a.m., Monday, Wednesday and Friday, 3-4 p.m., Tuesday and Thursday. Paralegals can provide power of attorney and notary services 8 a.m.-4 p.m., Monday through Thursday, and 8 a.m.-1 p.m., Friday.




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